Wrongful Death Claims: What You Need to Know

Losing a loved one can be one of the most difficult and painful things one has to go through, especially if the death is caused by someone else’s negligence. Filing a wrongful death case will not bring your loved one back, but it will give you a chance to avail financial compensation for funeral costs, medical and lost remuneration and find closure.

However, in order to file a wrongful death claim, before hiring an Akron wrongfuldeath lawyer, you need to know the intricacies involved in such cases. Here is an introduction on what you need to know.    

When Is It Applicable?

Generally, a wrongful death claim is applicable when the victim is killed as a result of a harmful, negligent or intentional act. This case can be filed for many different circumstances, some of the most common being:

Intentional Killing

Wrongful death claims are applicable if someone is killed intentionally. The accused will be sued and arrested and charged with murder.

Medical Malpractice

If a medical practitioner fails to diagnose a condition properly or happens to be careless in providing suitable treatment which results in death, a wrongful death case or medical malpractice can be filed against the doctor or medical practitioner.

Car Accident

If a victim dies as a result of injuries from an automobile accident, caused by negligent driving of the other party, a wrongful death claim can be filed.

What Do You Need to Prove?

To facilitate the implementation of a wrongful death claim, the plaintiffs need to provide proof that the defendant failed to provide a certain level of care to the victim, was negligent and this intentional or non intentional act ultimately resulted in the death of the victim. 

Who Should File The Claim?

Generally, a representative of the estate of the victim files the wrongful death claim. This representative has a prior relationship with the victim. Usually, the spouse represents a deceased spouse, parents represent minors and adults can represent their parents. This however, can become complicated if the family begins to have disagreements on who has the right to the claim. A situation like this is then resolved by the state based on financial dependence on the deceased.

Damages

Survivors can claim compensation for:

• Medical costs
• Survival claim on the basis of the victims pre death pain and suffering
• Burial and funeral costs
• Loss of guidance or nurturing or upbringing
• Loss of income of the deceased individual
• Loss of inheritance

If you are looking for a wrongful death or accident attorney in Akron, consider the services of Barry M. Ward Co. Barry M. Ward Co., LPA, an expert, professional Akron law firm with a successful track record in wrongful death cases besides personal injury, medical malpractice, auto injury, criminal defense and probate. They adhere to the uppermost standards of expert and lawful ethics and are dedicated to attain the best possible results for their clients.

Do I Need an Attorney If I've been Hurt in a Motorcycle Accident?

You are not the only one on the road while driving. Mishaps can happen any time without warning because there are other drivers too who are busy with their things as you are with yours on a daily basis. Most motorists are trying to beat the time while trying to reach a certain destination, which is when an accident may take place.

While visiting a doctor is what most people would do after such incidents, a lawyer should also be considered. A doctor can only give you proper medication and can offer necessary medical procedures, but they will not be able to help you when you will have to pay the hospital bills and their fees.

A lawyer on the other hand, can. A lawyer understands all the necessary procedures that the victim needs to go through and makes sure that the person who is responsible for injuries offers appropriate compensation that can cover the medical bills.

When you hire a lawyer, they file a lawsuit in court in order to register their demand for the damages caused by the accident. The court will then decide what needs to be done. In case you find yourself in such a situation and in order for the court proceedings to go in your favor, you will need to hire a lawyer who is experienced in dealing with motorcycle injury cases when you get into a motorcycle accident.

You will need to communicate with your lawyer and tell them exactly what you went through so that he can formulate a procedure that you need to follow in order to successfully get a compensation that you deserve. A good motorcycle injury lawyer will assist you till the case is resolved.

If you have been hurt in a motorcycle crash, seeking a motorcycle injury lawyer to file a proper motorcycle accident lawsuit is the first move that you should make. Barry M. Ward Co., LPA will help you find the right lawyer for your situation who will make sure that you get the compensation that you deserve from the people who are accountable for the accident.

How To Hire A Personal Injury Lawyer In Akron

Contrary to general perception, hiring a personal injury attorney Akron Oh is not that difficult of a process. Following the right steps and procedures can lead you to a reliable and experienced personal injury attorney who can respond to your situation and requirements accordingly.

Overcoming both the physical and mental trauma of an injury is taxing enough; having a representative who works keeping your best interests in mind before a court is one of the best investments you can make in a personal injury claim.

Here is a step by step approach that can be used to hire a personal injury lawyer.

Determine the Practicality of Hiring a Lawyer

The decision to hire a personal injury attorney should be made with careful consideration and according to the type of injury. These injuries can be automobile related, animal attacks or a result of medical malpractice or nursing home negligence.  Depending on the type, one can assess the practicality of hiring a lawyer, based on whether the case can successfully hold up in court. Hiring an attorney who specializes in situations like yours should be the one given consideration.  

Asking for Free Consultations

Sometimes, assessing the strength of a claim can be difficult for people who are new to these situations. Luckily, the option to avail free consultations is available beforehand. Since the final outcome of a case is not 100% guaranteed, most attorneys offer consultations free of charge to determine the legal potential of the claim in court and in that way, the quality of service one will be entitled to.

Research on the Attorney’s Background

The State Bar Association usually has a clear record of attorney complaints, suspensions or disciplines (if applicable) and proceedings in their database. It is a wise decision to keep in mind the attorney’s previous experiences keeping in mind your personal injury case. Hiring someone who has had past experience in handling personal injury cases similar to yours will most likely increase the chances of a strong standing in the court.

Interviewing Attorneys

Before finalizing your representative for the personal injury case, a wise approach is to have a meeting with the attorney and interview him/her. Here are a few questions you should have answers for before choosing your representative.

·         Does their experience coincide with your personal injury case?

·         How long do their cases run?

·         Payment details

·         An honest opinion on where your case stands

·         What are the procedures to be followed when handling the case?

Qualities to Beware Of

Even in the world of attorneys, there are many who will come across as experienced professionals, when in reality they are not. Here are the warning signs you should look out for;

·         Someone who give impractical and unrealistic guarantees on the outcome of the case

·         One who demands a deposit fee up front

·         Neglect in receiving phone calls or replying to emails

·         Offers random explanations about court procedures

·         Neglecting court bills

Qualities to Look For

Look for the following qualities in a potential representative before finalizing the deal;

·         Active communication skills

·         Listens to your requirements attentively and offers practical legal advice

·         Explains the complex legalities involved in a simple manner

·         Gives you the real picture of the legal potential of the case

·         Exhibits a genuine passion towards your case

Truck Accident Causes and Prevention

Trucks are scary! With their heavy size and towering height, they can be quite the monstrosity on the road. What’s even scarier, however, is the high number of accidents and fatal car crashes involving 18 wheelers. A truck collision wouldn’t result in a minor fender bender; considering their huge mass and inertia, a truck would have a considerably longer stopping distance than a normal passenger car.

Many car accident injury lawyer state this is the reason why insurance rates for 18 wheelers are higher than those of normal commuters. According to accident attorneys in Akron, here are the main causes of truck accidents:

Inattention While Driving

The primary cause of truck accidents in the state is inattention while driving. As if there weren’t distractions on the roads before, modern technology has made it even more of a hazard. Texting while driving, attending to calls and inattentive driving can all lead to drastic consequences. According to an independent research, it takes 5 seconds to check a text message, during which time a truck moving at nominal speed can cross the length of a football field! Imagine that!

Following Too Closely

It’s already mentioned that trucks have a lengthier stopping distance than conventional vehicles, which is why cars in close proximity are in the most danger in case of sudden braking.

Speeding

You would think speeding is just limited to red Ferraris and Lambos, when in fact speeding is a direct cause of accidents in trucks as well. This can be attributed due to tight deadlines in the delivery business.

Blind Spots

Due to their huge size, most trucks have blind spots the size of Jupiter, causing uncountable accidents.

Mechanical Failures

There are also some scenarios where the driver isn’t at fault, such as mechanical failures (brakes, headlights, tire bursts, etc).

Prevention

It goes without saying that a truck driver, in fact any driver for that matter, shouldn’t be using cellphones while on the roads. There are many Bluetooth peripherals available that do not even require the phone to be taken out of the pocket. Secondly, other drivers should keep a distance of at least 15 feet to prevent them from coming within the truck’s braking zone. Finally, the truck may also be installed with additional safety features such as ABS, side and reverse cameras, and even braking sensors.

How Much is a Personal Injury Case Worth?

When a personal injury lawsuit has to be filed due to a slip or fall, car accidents, or any kind of injury, one might wonder what their case is really worth. The answer to this is the “extend of damages” – what the injuries have cost a person financially, physically, and mentally.

In a personal injury lawsuit, the injured person (plaintiff) will receive money by the person or business found responsible for the accident (defendant). After a negotiated settlement, the two parties, their insurance companies, and their Akron personal injury attorneys, can agree upon a damage award.

Given below is an explanation of the various kinds of damages which may occur is personal injury cases:

Compensatory Damages in Personal Injury Cases

 

Most personal injury damages are classified as "compensatory", which means that they are aimed to compensate the injured for the loss that occurred due to the accident. A compensatory damages award is supposed to compensate the plaintiff financially by assigning a dollar figure on the consequences of the accident. Compensatory damages like medical bills or reimbursement for property damage are easy to quantify, but it is difficult to assign a monetary value on the physical suffering of an individual.

Here's a list of the types of compensatory damages common in many personal injury cases:

Medical Treatment

 

This includes reimbursing the cost of medical treatment that the injured has received and compensating for the projected cost of treatment needed in future.

Income

 

This is the compensation received for the impact on the injured person’s salary due to the accident. It not only includes the income that he/she may have already lost but also the potential salary that they could’ve earned in future if it wasn’t for the accident.

Property Loss

 

If a personal belonging like a car, clothing, or any other item was damaged due to the accident, reimbursements have to be made for compensation or repairs as per fair market value.

Pain and Suffering

 

The plaintiff might be entitled to receive compensation for the pain or discomfort that he/she suffers from as the aftermath of the accident.

Emotional Distress

 

Emotional distress damages compensate a plaintiff for the psychological impact of an accident or injury, such as fear, anxiety, or loss of sleep. 

Loss of Enjoyment

 

If the result of the accident keeps the plaintiff from enjoying daily life activities like hobbies, exercise or other recreational activities, he/she may be reimbursed for "loss of enjoyment" damages.

Loss of Consortium

 

This is a compensation for the plaintiff’s inability to maintain a healthy relationship with their spouse and is usually reimbursed to the injured person’s husband/wife.

Punitive Damages in Personal Injury Cases

 

In a case where the defendant’s actions are deemed as outrageously careless, he/she might have to pay punitive damages apart from compensatory damages award, as a means to punish the defendant for their careless behavior.

Understanding each damage award and determining how much reimbursement you are entitled to after an accident can be challenging. It is always advisable to seek professional help from an Ohio personal injuryattorney to ensure that you receive the damage award that you deserve.

The Approach to Finding the Best Medical Malpractice Lawyer

If you or a loved one has been a victim of medical malpractice, or there has been a death in the family because of medical negligence, you need a wrongful death or medical malpractice lawyer. A medical malpractice lawyer can help you sue the medical professional responsible for your distress. He will work to get you the justice and compensation that you deserve.

Approach to Finding the Right Lawyer

The approach to finding the right medical malpractice lawyer has to be meticulous. Medical negligence is a sensitive matter, and thus filing a lawsuit against a medical professional requires considerable experience in such matters and expertise in the medical malpractice law.

Choosing a Lawyer

You can find many medical malpractice lawyers in your phone directory but you don’t have to randomly pick one. You should rely on reputation and word of mouth when picking a lawyer to represent you. Ask for an initial consultation, which is usually free, and discuss your case in detail with the attorney. Gauge the attorney’s expertise and ask about his previous experiences handling medical malpractice cases.

If your case is strong, a good lawyer will take you on without asking for any fees upfront. He will negotiate with you about receiving a certain percentage of the settlement that he will receive as his fee.

Lawyer’s Opinion

When choosing a lawyer, you have to ask for the lawyer to provide you with his opinion about the case. He will analyze the case, and in accordance with his knowledge of the law, he will give you advice on which step to take next, whether you should try to settle the case with negotiations, or take the case to court right away.

Medical Law Specialization

Ask in detail about the lawyer’s or his law firm’s experience in handling medical malpractice lawsuits. Ask if his speciality is handling medical negligence cases. If possible, talk to people whom the attorney has previously represented; this will give you a better idea about the lawyer’s experience and his methodology of handling a case.

Experience in handling the medical malpractice lawsuits is the most important factor in hiring an attorney because a lawyer needs to know medical terminologies and procedures along with the relevant rules and regulations. So make sure that you hire an attorney with extensive experience in medical malpractice cases and up-to-date medical knowledge.

Company Introduction

Barry M. Ward Co., LPA is an experienced, professional and compassionate Akron law firm which has been serving the community for 3 decades. They have a very successful track record in cases involving personal injury, medical malpractice, wrongful death, criminal defense and probate. They adhere to the highest standards of professional and legal ethics and strive to achieve the best possible results for their clients.

For more information regarding  akron law firm visit us: BarryMward.com

Email Fraud: Crimes of the IT Age

These days if you do not have a personal e-mail account you simply do not exist in this world. E-mail is an effective form of communication that saves cost, time, and resources. Setting aside the merits of e-mail communication, you should bear in mind that it is not free from the potential of abuse and exploitation.

We humans have a trustful nature and we tend to trust others who offer something beneficial to us or ask for our assistance. You should contact New York, Texas or Ohio law firms as per your state of residence in case you are victim of any one of the e-mail frauds discussed in the following paragraphs.

Different Kind of E-mail Scams

1.    Phishing: Phishing is an email fraud whereby the criminals obtain your personal information through email to commit identity theft.

2.    African E-mail fraud: In this fraud scheme, person pretending to be of African or Nigerian nationals ask for assistance to deposit huge amount money to your account. Once you give your account to them, they empty your bank account.

3.    Lottery, Prize and Sweepstakes Scams:  In sweepstake e-mail fraud, you are made to believe that you have won a lottery prize. The criminals ask you to pay fee for obtaining prize that is fictional in itself.

4.    Pyramid schemes: This email scam consists of a pyramid or hierarchy of people who join a set of already joined people. Those who have joined earlier receive payment as more people join the pyramid. Pyramid scheme is illegal in most states of U.S. Contact Michigan, Texas, or Ohio law firms who specialize in defending cases relating to this e-mail fraud scheme.

5.    MLM schemes: In MLM or Multilevel marketing, you offered to sign as a distributor of some goods. Not all MLM are illegal. Only those MLM are illegal where you have to recruit new distributors for commission. In case you are the victim of this e-mail scheme, you should immediately contact Texas, Michigan, or Ohio law firms to get compensation for your loss.

Compensation for Email Scam Victims

In the unfortunate event you are the victim of e-mail fraud scheme, it is advisable that you take action and consult an attorney near you. You should contact reputable law firms of your state of residence whether residing in California, New York, Texas, or Michigan. Ohio law firms are also very reputable for dealing with fraud cases. They will legally represent you to get compensation in case of e-mail frauds. In U.S.A., you should also report the email crime to IRS, Internet Crime Reporting Center (IR3), and National Check Fraud Service among others. The New York, Texas, or Ohio law firms will help you in filing compensations with these firms.

For more visit us: BarryMward.com