Terms Used in Car Wreck Negligence Cases

Terms Used in Car Wreck Negligence Cases

Jun 12

It’s a terrifying prospect: you’re driving your car on an ordinary day when disaster strikes. Another driver does something greedy or reckless, unfairly pulling you into his dangerous lifestyle. You’re the one who is hurt, while he walks away without a scratch. This is far from fair. You should not be punished because another driver was incapable of driving safely. So, what happens after you’re released from the hospital and have to get back to your normal life? Who pays all those medical bills?

We all know in general that when someone gets injured or dies in a car wreck as a result of negligence, the other driver will have to pay damages as compensation for the expenses incurred as well as pain and suffering. But what do the terms used in negligence cases actually mean?

Duty of Care

This phrase is used a lot when it comes to personal injury or wrongful death cases, but it doesn’t always mean the same thing for every circumstance. For example, the duty of care of a reasonable driver is to ensure that the operation of a vehicle will not result in harm to another person or persons. In medical malpractice, a reasonable physician’s duty of care is to provide effective medical attention in an appropriate and timely manner. A duty of care is therefore established when some sort of relationship between the plaintiff and defendant can be identified. And because of that relationship, the defendant is required to act in a certain manner.

Cause in Fact

In a negligence case, the plaintiff must prove that the actions of the defendant were the cause in fact, or the “but-for.” For example, but for the distracted driving of the defendant, the plaintiff would not have been injured in the car wreck.

Breach of Duty

When in individual is being sued for negligence, this means that person had failed to act in the prescribed manner and had thus broken or “breached” the duty of care. The main goals of personal or wrongful death lawyers are to prove or disprove to a jury that a breach of duty occurred. The people of the jury will consider the evidence and arguments presented to see if the defendant acted in a reasonable manner or not. If the defendant was shown to have breached the duty of care to the plaintiff, negligence is present.

Proximate Cause

To be found guilty of negligence, the plaintiff has to show that the defendant must or should have foreseen that his or her actions could lead to harm to others. This scope of responsibility will determine the extent of a plaintiff’s claim. For example, the defendant could have foreseen that texting while driving could cause a car wreck.

Damages

In order for a plaintiff to claim compensation, there must have been clear and actual damages to a person or property due to the negligence of the defendant. Even if the plaintiff had clearly been negligent by texting while driving, unless the plaintiff was personally and directly harmed, the court will not award any compensation to the plaintiff.

Personal injury or wrongful death cases can be highly complex. To ensure that all the aspects of your case are adequately addressed, consult with a lawyer in your area immediately after a car wreck due to negligence.

Car Wrecks

Is a Cosmetic Dentist a Specialist in the US?

Is a Cosmetic Dentist a Specialist in the US?

Jun 10

The American Dental Association (ADA) is the professional association for dentists in the US. It is the oldest and largest dental organization in the world and serves as the national overseer of the dental profession. It currently recognizes nine dental specialties, namely dental public health, prosthodontics, orthodontics and dentofacial orthopedics, pediatric dentistry, endodontics, periodontics, oral and maxillofacial pathology, oral and maxillofacial surgery, and oral and maxillofacial radiology. So technically, cosmetic dentistry is not a specialty; instead, it is a combination of several procedures which improve the appearance of the teeth and mouth that fall under the dental specialties of orthodontics and prosthodontics.

In order for a dental professional to be certified by the ADA, he or she must be board certified in prosthodontics or orthodontics, which requires advanced studies in those fields which could take up to three years. However, a general dentist may perform procedures commonly associated with cosmetic dentistry without ADA approval.

An important distinction that would-be cosmetic dentistry patients should make between general dentists who offer cosmetic dental procedures is where they got their training as a cosmetic dentist. In Nevada, general practitioners who may be said to be qualified to practice as a cosmetic dentist are those who completed the advanced training and clinical experience required at The Las Vegas Institute for Advanced Dental Studies (LVI) and had thus been awarded the title of LVI Fellow. Barring board certification in prosthodontics and/or orthodontics, in which dental esthetics is just a portion of either specialty, a general dentist who is an LVI Fellow is the next best thing.

If you live in Las Vegas and require some cosmetic dental procedures performed, you will more easily find an LVI Fellow, although LVI graduates come from all over the US, like Dr. Lance Loveless in Austin, TX. If you wish to find a qualified cosmetic dentist who will give you value for your hard-earned money and provide excellent cosmetic dental services, inquire if he or she is an LVI Fellow.

Making a Hurricane Insurance Claim Count

Making a Hurricane Insurance Claim Count

Jun 07

It seems that of recent history there have been quite a few devastating hurricanes to hit the US. A study by hurricane researcher and director of the Earth System Science Center at Pennsylvania State University, Michael Mann, together with colleagues and in tandem with the people at Woods Hole Oceanographic Institution appear to indicate that the intensity and frequency of hurricanes recently making landfall is unprecedented compared with up to a thousand years ago. More and more people all over the US find themselves engaged in the battle called the hurricane insurance claim.

It is no wonder. Insurance companies must be at their wit’s end trying to figure out how to get out of each hurricane insurance claim made to them in recent years; the payouts certainly mount up. In Texas alone, 5 hurricanes hit between 2003 and 2008. Hurricane Ike, which hit Texas, Louisiana and Massachusetts in 2008 caused damages to homes, businesses and infrastructures in excess of $27 Billion. A Saffir–Simpson hurricane scale (SSHS) category 3 hurricane named Rita hit Texas and Louisiana in 2005, cost the two states and its residents nearly $12 Billion in property and other damages. The mother of all hurricanes to date to make landfall in the US, of course, is Hurricane Katrina which devastated Louisiana, Mississippi, Alabama, and Southeastern Florida in 2005 as well, leaving 1,200 people dead and racking up damages of more $105 Billion.

The underwriters for homeowners’ insurance depend on the ignorance of policy holders to short-change them, even if the policy clearly includes payouts for a hurricane insurance claim. Most homeowner’s insurance policies cover damage to property caused by a hurricane except for flood damage, but states with a high risk of hurricane damage are more likely to require special coverage or high deductibles. Even then, it can be difficult to make a hurricane insurance claim. To make a hurricane insurance claim count the first time, retain the services of an experienced hurricane insurance claim lawyer in your state when the need arises. That way you can save yourself the stress and trouble of having your claim denied unjustifiably, or be fobbed off with an inadequate payout.

Victims of Nursing Home Abuse

Victims of Nursing Home Abuse

Jun 04

Forty years ago, the administration or owners was not held liable for nursing home abuse by the courts because they had no obligation to protect the residents against harm which they could not reasonably foresee. Today, however, the failure to act appropriately following a complaint of nursing home abuse by a staff member, other resident or a visitor, or failure to act in spite of evidence of nursing home abuse can render the nursing home liable for a personal injury claim.

Sexual and other forms of abuse are reprehensible; they are doubly so when it happens to nursing home residents. The most common victims for this kind of abuse are the most vulnerable of people: the old and frail, the physically helpless, and the cognitively impaired. These victims are literally unable to tell anyone about the abuse, or are afraid of the repercussions of doing so. Abusers are quick to take advantage and often repeat the offense over and over again, even carrying on the abuse to other victims.

According to the website of Crowe and Mulvey, the physical and psychological effects of nursing home abuse, especially sexual abuse, are profound. Physical evidence takes the form of injuries to the genitals and rectum resulting in bleeding, scarring and infections. It may also manifest as bruises and cuts all over the victim’s body. An abused resident may also have tears in their undergarments and other clothing. Many victims manifest these effects in agitated behavior, sleep disturbance, avoidance of certain members of the staff or residents, emotional distress, restlessness, and feelings of humiliation and embarrassment.

The liability of nursing homes that fail to carry out the current duty of care for their patients will depend on the availability of evidence and the skill of the nursing home abuse lawyer in preparing the case. If you or someone you know suspect or know about ongoing nursing home abuse, consult with a competent lawyer at once so that the abuse can be stopped sooner rather than later.

Overtime Dispute for Off-the-Clock Work

Overtime Dispute for Off-the-Clock Work

Jun 03

Most non-exempt employees are not aware that work done “off-the-clock” i.e. before and after a work shift or at home constitutes overtime and may be the basis for an overtime dispute. Wisconsin follows the overtime laws set under the Fair Labor Standards Act (FLSA), and under the FLSA, it is perfectly possible to claim for damages for off-the-clock work. In Wisconsin, overtime is defined as hours worked in excess of 40 hours in one workweek, and must be paid at a rate of 1.5 times the regular hourly rate of the employee.

How is off-the-clock work defined?

Off-the-clock work is obviously done outside the time in-time out of employees, so there are no records kept for those hours worked unless an employer records such hours. Nevertheless, if an employee can demonstrate that time has been put in outside regular work hours for job-related tasks even if there is no time record of it, then an overtime dispute can have a positive outcome. The rationale behind this is that the employer had knowledge or a reasonable belief that such off-the-clock work was being performed because the employer controls the work and maintains records of an employee’s activities. Some of the off-the-clock work that the FLSA has deemed to be overtime work includes:

  • Equipment maintenance or preparation
  • Fielding work-related calls before and after regular work hours
  • Meal periods spent working
  • Preparing reports and other documents at home
  • Work-related meetings, conventions, seminars

When an employer fails to keep records of these off-the-record work activities, the employee may still claim those hours worked in good faith provided it benefits the employer and the employer did not forbid the performance of the work activity. In many cases, employees are under the impression that if it is not recorded, it cannot be claimed. An overtime dispute lawyer in Wisconsin will definitely know how to prepare for a case so that the employee will recover lost wages in terms of the overtime wages that was not paid in full.