Components of a Wrongful Death Lawsuit

Posted by on Aug 5, 2017 in Wrongful Death

Wrongful death happens when a person has been unwarrantedly killed because of another. According to the website of the Milwaukee personal injury lawyers of Habush Habush & Rottier S.C. ®, the loved ones of those who have been wrongfully killed may have legal options, such as trying to get compensation from the damages they have sustained. But what constitutes a wrongful death lawsuit, exactly?

Death of a human being

The most basic component of a wrongful death, is of course, a death of a human being. That is why it is called wrongful “death” in the first place. The death can occur in two ways – it can occur instantly, wherein the victim has been killed in the scene immediately, or eventually, wherein the victim has been hurt in the scene and has died in a later time.

An event that has been caused by a negligent party

Another important factor is the event that has caused the death, whether immediately or eventually. This event can come in many forms, but their common aspect is negligence. A negligent party should be the one who has triggered the event, so this party can become liable.

The most common wrongful death events are abuses, car accidents, medical malpractice cases, premises and product liability claims, and workplace accidents. Again, it is important that a negligent party has caused the event, like abusive nursing home staff members, reckless drivers, incompetent medical professionals, negligent property owners, product designers and manufacturers, and employers.

Financial damages to the victim’s family members

A death of a family member can lead to a variety of financial damages, such as the medical costs, if the victim has not died immediately, funeral costs, lost wages and benefits, especially if the victim has been the primary earner in the family, and negative emotions that can ultimately lead to further financial damage, like psychological treatment costs.

Because the negligent party has basically inflicted these damages to the victim’s family members, it is just right that it is liable for them as well.

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How Properties are Divided During Divorce

Posted by on Jun 10, 2017 in Divorce

During a divorce, a spouse will likely have his or her best interest in mind, meaning that he or she will act in a way that will give himself or herself an advantage upon separation. Usually, this advantage is on the financial aspect, so it is not surprising that property division is one of the hottest disputes during divorce.

According to the website of the Maynard Law Firm, PLLC, division of property may be a complicated enough legal process to warrant the help of property division lawyers. How properties can be divided are simply explained below so you can have a background on how it works.

Community Property

Community Property is one of the ways properties can be divided upon divorce. Under this legal concept, there are two kinds of properties – community property and property of a spouse.

Community property is a property owned by both spouses. This may include cash accumulated during the marriage and all properties that have been bought using that cash. On the other hand, property of a spouse is a property owned solely by one of the spouses, such as gifts, inheritances, and properties that have been acquired even before the marriage.

During divorce, community properties are divided evenly for the spouses and properties of a spouse remain to that spouse.

Equitable Distribution

Depending on the state, division of property can be done through community property or equitable distribution. Equitable distribution is the fair division of properties to either spouse. The important word here is “fair,” and it should be noted that it is not synonymous to “equal.”

The idea behind equitable distribution is to give the spouses what they rightfully deserve. Typically, equitable distribution cases do not split properties fifty-fifty. The spouse who have contributed more to the accumulation of assets, or the spouse that is going to be more economically affected by the separation, can have a bigger share, depending on how the court sees fairness.

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The Dangers of Ridesharing Services

Posted by on Mar 8, 2017 in Ride Sharing

Uber, Lyft, and other ridesharing services are becoming more popular because they are efficient, convenient, and more economical. They can also be used through mobile applications, making them more accessible to the public.

This popularity has its down side. Since more people are using these ridesharing apps, more people are also becoming more vulnerable to traffic accidents involving these ridesharing services. It can also be argued that the passengers will suffer worse, because they are innocent victims who have sustained damages because of other parties.

How Accidents May Occur
Ridesharing services have guidelines before they give applicants the privilege of working under their name. These guidelines may include the driver’s age, vehicle’s age, and insurance. This may be a good way to filter the decent drivers from those that are not, but there are still instances where accidents may happen. Below are just some of the most common causes of accidents:

  • Reckless behaviors including speeding, weaving, tailgating, and driving under the influence
  • Driving errors like failing to use signal lights and refusing to yield to other vehicles and pedestrians
  • Mechanical failure associated with maintenance and usage issues, such as brake system defects and tire blowouts
  • Road hazards like malfunctioning traffic lights, unnecessary obstructions on the road, and potholes
  • Other negligent or reckless parties that may trigger accidents

Possible Issues with Insurance
Insurance providers will do everything to deny claims or minimize the compensation their customers will get. After all, insurance is still a business. But this doesn’t change the fact that there are ethical concerns in insurance, and customers and victims alike should get what they deserve.

For example, if an Uber driver got in an accident and there was no passenger, insurance providers may deny claims and argue that they are not liable because there has been no passenger in the first place. But it can also be claimed that there is still liability if the ridesharing app is on upon the time of the crash.

There are other issues that may arise, like how insurance providers may deny claims if the driver has been proven to be negligent. As a passenger, you are the one who is going to suffer more because of the lack of insurance. To avoid issues, it is best to contact a lawyer, and if possible, get one that specializes in ridesharing insurance claims.

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