Personal Injury Law Blogs

Lessons To Be Learned From Michael Jackson’s Wrongful Death Case

Some people grab the public spotlight and hang onto it for dear life, even after death, and not always in a good way. Such is the case with Michael Jackson. Love him or hate him; everybody knows who he was. The King of Pop’s untimely demise in 2009 made international headlines, and the ensuing criminal and civil trials threaten to drag on into 2014. The wrongful death case, which is directed at concert promoter AEG as opposed to the criminally charged doctor, can teach us all some hard truths about wrongful death cases.

Facts of the Case
The long journey that is the Michael Jackson wrongful death suit began in June 2009 when the music star died after taking a surgical anesthetic, propofol, to help him sleep. Dr. Conrad Murray was Jackson’s personal doctor, and he assisted the star in getting propofol during what was to be Jackson’s comeback tour. Sadly, this tour never came to fruition since Jackson was found dead in a mansion that he was renting in Los Angeles.

Dr. Murray was eventually found guilty of involuntary manslaughter, but this wasn’t the end of the legal aspect of Jackson’s death. Promoter AEG eventually came under fire and found itself in a wrongful death lawsuit against the star’s mother and children. AEG is accused of negligence because they hired Dr. Murray as Jackson’s physician. The suit seeks up to $2 billion in damages.

What can be learned

There are an array of lessons that can be taken away from Jackson’s death, and many of these lessons are related to the wrongful death case that AEG is facing. Many people would say that Jackson’s own actions led to his demise, and even the Jackson family lawyer concedes that the star was partially at fault for his death. As can be seen from the fact that the case has progressed, however, partial negligence doesn’t always revoke a family’s right to recover damages.

Wrongful death suits are brought forward, just as in Jackson’s case, when an entity displayed some form of negligence that led to death. The Jackson family attorney claims that the star was 20 percent at fault for his own death, but he also asserts that the remainder of fault lies with the defendant. Since most states are considered “comparative negligence” states, this means that AEG could be held liable for 80 percent of the losses caused by Jackson’s death.

Though AEG didn’t directly kill Jackson, wrongful death looks at negligent actions rather than actual criminal intent. This is basically what happened with Dr. Murray. Manslaughter occurs when a person dies in part due to another person’s negligence. This is the same with wrongful death cases. The only difference is that AEG may have to provide compensation rather than face jail time like Dr. Murray did.

Steps to Take

If your loved one dies due to another’s negligence, the first thing your family should do is contact a wrongful death attorney. This isn’t like a car accident where it’s possible to secure a positive outcome simply by filing a claim. Wrongful death cases are complex and often difficult to prove.

A legal professional, such as a New York wrongful death lawyer, will know the exact steps to take. In many cases, for instance, it is important to bring forth a wrongful death suit after a criminal trial. A conviction in the trial could actually make it easier to recover compensation. Even if the specific negligent party isn’t found guilty of a crime, however, such as is the case with AEG, the evidentiary burden in civil cases is much lower than in criminal cases, and this means a family can recover monetary damages even if the negligent party isn’t criminally liable.

The death of Michael Jackson is viewed as a tragedy by many throughout the world. His death was untimely, but it has certainly left many lessons in its wake. Unfortunately, people die every single day due to the negligence of others, and even if the decedent was partially at fault for their own demise, this doesn’t negate the negligence of others. This is why the best thing that a grieving family can do after negligent actions lead to a loved one’s death is seek out a New York wrongful death lawyer such as The Perecman Firm, or legal professional local to their area, who will be able to help pursue a claim for damages.

Five Steps to Follow When Making a Personal Injury Claim

There will come a time in your life when you are unfortunate enough to be involved in some type of an accident. If you are the victim and the accident wasn’t your fault, you make be entitled to make a personal injury claim and receive some compensation.

There are thousands of victims who do not get the compensation that they deserve because they are not aware of their rights when it comes to making a personal injury claim.

Below are the five steps to take when making a personal injury claim:

  1. First you have to think does your case make you eligible for a claim?

Before you consult the services of a personal injury solicitor, you must determine whether or not your case makes you eligible to make a claim. The following are a number of questions you can ask yourself when deciding whether or not to take your case to the next step:

  • Has your quality of life altered in a negative way?

  • Has your ability to go to work been affected in any way?

  • Has your financial situation become worse as a result of the accident?

If your accident took place through the fault of someone else and you have answered yes to any of above questions, you have a valid case for making a claim.

  1. What’s the next step?

So, now you’ve decided that you’re going to make a claim, the next step in the process is sourcing a good personal injury solicitor. Having the right solicitor dealing with your case will prove to be your greatest asset when making a claim. It is important to find an experienced and qualified solicitor that will deal with your claim from the best possible angle. In general, it is a good idea to use the services of a solicitor who specialises in the area of personal injury claims.

  1. Gather necessary evidence

Presenting adequate evidence is the key to getting the most from your claim. It is essential that you have satisfactory evidence to prove that someone else was at fault for the accident. Witnesses are probably the most powerful type of evidence that can be used as a means of backing up your story. Every individual case varies and your injury claim solicitor will be able to provide you with detailed advice regarding what evidence you need.

  1. Make a statement of losses that you have incurred as a result of the accident

When making a personal injury claim, you can claim any financial losses that you have incurred as a result of your accident or injury. If your situation has changed dramatically and you’re not able to go to work anymore, you need to be compensated for your loss in earnings. It is important to keep any statements or receipts you may have as you will most likely be asked for them when your solicitor is building your case.

  1. Be ready for a long process

You should brace yourself and prepare for a long and drawn out process. No claim is settled overnight and in most cases it will be several months, or even years for a settlement to be reached.

Evolution Legal Concierge Ireland is a reliable provider of fixed fee legal services as well as a top class expert in personal injury claims management. If you are unfortunate enough to have suffered an injury as a result of someone else’s actions, their trained legal advisors will provide you with the assistance, information and direction that you may need.

Are Volvos Considered Reliable Vehicles?

Volvos have long held a reputation for being one of the most reliable cars on the market. This reputation has been earned over a long period of time, but late-model Volvos are made differently. To find out if Volvos are reliable, one must consider actual facts. Irv Gordon’s story is one such fact. Irv Gordon, a retired schoolteacher, is breaking every automobile record with his high-mileage Volvo. He turned over three million miles in his 1966 Volvo, and he said while he is confident the car could get to four million, he’s not so sure that he is capable. Since 1966, automakers have all been through major revolutions. Cars are not what they were before. However, the use of a car covers was key in the durability of this vehicle, since a good cover will help with the body and the engine, avoiding scratches that sometimes are inevitable when driving so many miles Volvo was sold to a Chinese manufacturer in 2010 and since that time, Volvo’s reputation has frequently come into question. Volvo sales were down in the beginning of 2013 compared even to 2012, but sales may pick up in the second half of the year. August Volvo sales already show an improvement.

Volvo Recall

This September, Volvo issued a recall for 7767 sedans, citing software glitches. The company stated that no injuries were reported from the malfunction. Back in 2007, Volvo had to recall more than 46,000 vehicles for faulty fuel pressure sensors on some models and left door assembly on others.

Specialty Mechanic Training

Volvo mechanics are specially trained, and the company pays for specialty certifications. Most mechanics believe that Volvos are great cars to have for the family. They are reliable and they last. The problem is, when something does go wrong, Volvos are very expensive to fix. The trade-off is that fixing a Volvo is an investment in a car that you can keep for a long time, whereas putting that same kind of money into a lower-quality vehicle might not make the most sense in the long term. With a Volvo it makes sense to go ahead and make those repairs. 

Safety Ratings

Since, for the most part, mechanics either work for Volvo or likely do not work on Volvos at all, a true unbiased opinion should come from media services that test all types of cars. The 2013 Volvo S60, one example of Volvo’s craftsmanship, received the highest safety rating levels issued by US News, but in reliability it only got 3.5 out of 5, lower than most upscale mid-size vehicles. Car and Driver’s testing of the 2012 Volvo S60 was disastrous: the vehicle broke down and needed dealership repairs twice during the test. This incident resulted in some unfortunate reviews for Volvo, which could have been different had the car that the reviewers used to test actually been reliable. The concerning factor in this review was that the car was not reliable.

In 2006 in a listing of the top 100 most reliable cars of the decade showed the first Volvo to come in at 15th place. This was below several models of less prestigious cars. A 2013 list of the 18 most-reliable cars does not even include a Volvo.

Award-Winning Remote Diagnostic Service

Volvo Trucks won an award for diagnostic service. The 2012 award was for Commercial Vehicle Repair and Maintenance from Frost & Sullivan.

Historically, Volvo cars have shown themselves to be very reliable and safe. But recent models have not lived up to the company’s standards.

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Byline

Martin Meriwether writes on car mechanics, car functionality, car repair & maintenance, car upkeep, car upgrades, car technology and other such topics. For issues pertaining to Volvo vehicles, Martin knows it’s best to consult with a reputable and established Volvo mechanic.

Tips for Reducing DUIs Throughout the Country

It’s no secret that the United States has a problem with people driving their vehicles while under the influence of alcohol. Driving while impaired is not only irresponsible and illegal, but it is extremely dangerous to the driver, their passengers, and any innocent bystanders or drivers. As such, the US is constantly on the lookout for new ways to reduce DUIs throughout the country. As it currently stands, roughly 10,000 people die each year in America as a result of drunk driving. So what are some of the steps that can be taken to help reduce this common and dangerous crime? Here are a few.

Lower the illegal amount

As it currently stands, most states require their drivers to operate a vehicle with less than 0.08 percent blood alcohol content (BAC). However, many people believe that myriad drivers are impaired even when their BAC registers at less than 0.08 percent. The National Transportation Safety Board wishes to lower the illegal BAC level across all 50 states to 0.05 percent.

The effect of this would be twofold. First, people attempting to stop drinking near the legal limit would do so with a lower amount of alcohol in their system. And second, because the limit is lower, more people would abstain from drinking any amount at all before driving. A lower punishable level means that drivers will be less inclined to push the limits.

Breathalyzers for all motorists

Some groups such as the National Transportation Safety Board believe that all cars should come required with a device that tests a motorist’s BAC before allowing the vehicle to be turned on. If a driver is impaired the car won’t start.

This also serves two purposes. First, it would make it much more difficult for drivers to drive drunk, thus lowering how many would choose to do so. Second, it would provide reality checks for those who don’t realize how much alcohol they’ve imbibed. While many people who get DUIs are simply making bad decisions, others are simply unaware of how much they’ve actually consumed. This would alert them.

Harsher penalties

The most successful way to lower the number of DUIs in the country, however, would come in the form of harsher penalties for offenders. As it is, penalties for DUIs are harsh, but simply not harsh enough. The rate of DUIs is still staggering, and the rate of repeat offenders is frightening. Many people believe that all offenders should have their license suspended for the rest of their life if they are caught driving drunk. While this is unlikely to happen, it is possible that states could start issuing harsher penalties, such as 30 days in jail and three years with a suspended license for first time offenders.

As it is, people simply aren’t fazed enough by the penalties not to drive drunk. Harsher penalties would make people think harder about the consequences of making such a poor decision.

Editor’s note – if you’re needing an attorney to help with you, some of the top Car Accident Lawyers Phoenix has are here – this may be helpful for additional reading for you. 

Education

Many people simply don’t understand how little alcohol it takes to impair their judgment and coordination, and many are oblivious to the ramifications of their actions. If every high school gave yearly seminars on DUIs that included how little alcohol it takes to qualify, what the penalties are, and the lives at risk, people would be less likely to get behind the wheel after drinking.

These are a few of the many ways to lower the amount of DUIs in the country.

Donovan Campbell is a freelance writer based in Omaha, Nebraska who traditionally focuses on car mechanics, auto accidents, auto body repair, car modifications and upgrade, traffic law and so forth. To learn more about repair and modification visit the Phoenix fleet repair from Capitol Collision.

Patient Rights When a Doctor is Wrong

Doctors are the magicians we turn to when sniffles become more than a cold, or pain becomes more than we can bear. It’s an impressive title, meant to instill trust and assure us we are in the right hands. But what happens if that trust is broken? When a case of strep lasts too long, or a benign spot seems to be growing? Trust fades and anger or resentment arises instead. If a visit to your physician leaves you with more questions than answers, there are steps you can take to ensure you receive the treatment entitled to you.

Are You Listening to Me?

We’ve all felt ignored by a doctor, but if this feeling is constant it decreases the quality of care you receive and may result in a true case of doctor negligence. How do you know if you’re being ignored or if the doctor is having a bad day? A few signs that a physician is not giving you the attention you deserve are:

The physician discusses themselves rather than your concerns
The nurses are available, but the doctor never seems to appear
Polite yet challenging questions are responded to with anger or defensiveness
A provider decides, before evaluating you, what the diagnosis is and how to treat it

If the above statements sound like your doctor, you have the option to change who provides your care. Though switching doctors may feel unnerving, staying with a doctor who doesn’t provide the care you are entitled to is a betrayal to your health. When deciding to change providers, you must first determine what type of doctor you want to manage your health. Know your choices and research options to ensure you get the care you desire.

Change is Good

Your insurance company can provide you with doctors approved by your coverage plan, then you can visit your state medical board to confirm a physician’s license status, and the county clerk’s office will have records of any lawsuits against them if you’re interested. Healthgrades.com is a site that will provide tips on how to choose a physician, as well as links to doctor profiles and their specialties. Be sure to have the clinic transfer your medical records to your new physician, no explanation is necessary. There may be a fee for the transfer, but your new physician needs all the information to treat you properly.

Malpractice vs. Negligence

When simply ignoring a patient evolves into mistreating a patient, it can cause severe complications for all parties. Medical Negligence and Malpractice are serious issues, not to be taken lightly if you feel a health diagnosis was missed or you or a family member were injured as the result of medical treatment. Trust your instincts to know when something is wrong, and find support to determine if you have a case against a physician, or simply cause to report them to the medical board.

A Healthy Diagnosis

We will all need the help of a physician at some point in our lives. Doctor apathy, negligence, or medical malpractice causes problems for patients and their families, hospital facilities, and other doctors. Be aware of your rights as a patient, and know your responsibilities to ensure you are receiving proper treatment. Awareness and transparency between doctors and patients will result in better medical care and a healthier planet for all to live in.

Incretin Mimetics MDL Established in California District Court

Byetta, Januvia, Janumet and Victoza are all diabetes treatments in a class of drugs known as incretin mimetics. Used to stabilize blood glucose levels in patients who suffer Type 2 diabetes, the medications have been linked to potentially life-threatening side effects including an increased risk of acute pancreatitis and pancreatic cancer. Since their launch on the U.S. market, incretin mimetics have been the subject of escalating litigation, with plaintiffs filing Januvia and Byetta lawsuits in state and federal courts across the country. Allegations state that the drug manufacturers knew of pancreatic risks, but failed to adequately warn both consumers and their prescribing health care providers – essentially putting profits over patient safety.

Federal Januvia and Byetta lawsuits consolidated for pretrial proceedings

Following oral arguments that were presented this August, the United States Judicial Panel on Multidistrict Litigation (JPML) has decided to coordinate all qualifying incretin mimetic lawsuits involving Januvia, Janumet, Byetta and Victoza as multidistrict litigation (MDL) to help streamline pretrial proceedings and reduce burdens on the federal judicial system. Claims to be centralized as part of the RE: Incretin Mimetics Products Liability Litigation must have been filed in district courts and involve allegations that the medications caused cancer of the pancreas. According to the transfer order that was given on August 26, the Southern District of California has been chosen for the MDL, which will be overseen by U.S. District Judge Anthony J. Battaglia.

The purpose of multidistrict litigation, which consolidates federal claims involving similar allegations and common questions of fact, is to avoid conflicting judicial rulings and prevent duplicative discovery that may result if the cases didn’t share in the pretrial processes. By coordinating discovery proceedings and pretrial motions before one judge, both the defendants and plaintiffs save money and time. Economy and efficiency are two primary goals of MDL, which typically functions well for civil litigation involving defective medical devices or complex pharmaceutical cases. Plaintiffs’ lawyers can pool resources and coordinate their efforts – helping reduce litigation costs for claimants.

Court dockets show that at least 50 product liability lawsuits involving incretin mimetics and pancreatic cancer have been filed in the federal court system, though the majority of these claims were brought in the U.S. District Court for the Southern District of California. Legal insiders predict the incretin mimetics MDL will grow substantially in the coming months as some studies have indicated that Januvia and Byetta exposure can double the risk of developing acute pancreatitis – a known precursor to pancreatic cancer. As more lawsuits are filed over purported side effects of incretin mimetics, the multidistrict litigation could eventually amass thousands of complaints.

FDA investigates pancreatic cancer risks of incretin mimetics

In March 2013, the U.S. Food and Drug Administration (FDA) issued a communication stating it was investigating research concerning the safety of incretin mimetics and risks of pancreatic toxicity. Although federal regulators have yet to issue conclusive warnings on pancreatic cancer risks posed to patients who take Byetta, Januvia and other incretin mimetics, it did report on the possibility of increased risks for pre-cancerous findings.

In the safety communication, the FDA states it was currently “evaluating unpublished new findings by a group of academic researchers that suggest an increased risk of pancreatitis and pre-cancerous cellular changes called pancreatic duct metaplasia in patients with type 2 diabetes treated with a class of drugs called incretin mimetics.”

Individuals who developed pancreatic cancer after taking any combination of incretin mimetics and pursued legal recourse are demanding compensation for their related medical expenses, lost wages, diminished earning capacity and pain and suffering. Pancreatic cancer is one of the most deadly forms of the disease and has just a five-year survival rate for most patients.

Those who have suffered adverse side effects from Januvia, Janumet, Byetta or Victoza are encouraged to speak with their physician immediately and consult an experienced lawyer about filing a product liability lawsuit. Attorneys throughout the nation are offering free case evaluations to help individuals determine if they may be eligible for recovering damages through filing Januvia and Byetta lawsuits.

The Past, Present, and Future of Denied Claims

The dynamic among insurance companies, their employees, policyholders, doctors and lawyers rages and swirls together like a category five hurricane. At times it blows away our optimism, we despise the greed and insensitivity of insurance companies. This blog is to explore why this happens and what the future has in store after the Affordable Care Act is fully enacted.

First, what causes this storm of conflicting interest?

The goal of a corporate entity is to provide returns to shareholders, to make profits, to grow their business. Insurance companies are corporate entities and, as the AAJ puts it: “Unfortunately, that dedication to shareholders comes at the expense of policyholders.”  Policyholders want their safety net and want to be covered when the unexpected accident occurs. What we’ve seen leading up to the health care reform is the gradual shift to insurance companies behaving like a consumer product based corporation instead of thinking in terms of the service they provide to their policyholders.

Their desire to constantly bring in more money and cut costs lead to the need for health care reform and, in large part, is what built the personal injury law industry. Lawyers have to fight the insurance company’s desire to deny claims for the policyholder who needs them.

What percentage of claims are denied?

This information get’s hard to find. There are plenty of horror stories out there about people who have had to suffer tremendously before they could ever get the money they deserved. There are companies who use manipulated computer systems to determine lower rates. The majority of insurance companies have continued to see increases in profits while also raising their premiums.  But putting a percentage to the number of people with denied claims changes from study to study because of bias.

The most unbiased research I could find was research done by the American Medical Association, mainly influenced by doctors, in their 2013 National Health Insurance Report Card. The percentage of denials ranges from 1.38%-5.07% amongst different companies. Of course this does not include the percentage of people who are denied health insurance coverage at all.

What is the Affordable Care Act going to do for people with denied claims?

During the health care reform debate, insurance companies spent over 85 million trying to keep the reforms from taking place. A year after the reforms of 2010, insurance companies were still increasing profits and achieving their highest levels of profitability yet.

However, the ACA has implemented much to improve the transparency and integrity of the health insurance industry. Insurance companies have to provide clear, plain language instructions to appeal a denied claim. Any time a company wants to raise its premiums it must provide policyholders with clear explanations first. Eighty percent of premiums must be used for healthcare purposes.

On January 1, 2014 the final stages of the ACA will take place and although there has been a boom in lawsuits against the enactment of the ACA, one question remains: how will this affect lawyers representing denied claim victims?

Have You Been A Victim Of Police Brutality? How To Take Action

(U.S. and General) Filing a police brutality case is very serious business, especially when the defendant has also been charged with a criminal offense. Actually, some kind of criminal charge will be filed because it becomes a method of protection for the officer who is claiming to be “protecting” and “serving” the citizenry. Police officers know when they have violated the law or police protocol, and will be quick to point out the ever-popular concept that they feared for their own lives.

The real truth that few individuals know is the police are not just police officers. They are officers of the court upon swearing their oath to uphold the U.S. Constitution. The concept that the police officer oath is to “protect and serve” is public myth. It is little more than a public relations mission advertisement.

How Brutality Happens

The U.S. Supreme Court has determined long ago that the most important thing that an officer does is provide for their own protection, so never mind the rights of the brutality victim. They may claim fear for their life, but an offensive officer is not afraid of retaliation via the court, as he is an officer in the army against all potential criminals.

The problem is that many officers are not focused on enforcing the law. They are focused on “being” the law, which they are not. The concept that law enforcement is a war on criminals is not valid in all situations, although there are areas of the nation that suffer from excessive criminal activity.

Police brutality can result in serious injury and even death, and cost a person or family excessive amounts of time and money in recovery. “Not only could you be suffering from physical pain or disability, you may also be enduring emotional trauma,” says attorney Kevin W. DeVore. These are all examples of damage to health and life that one can be compensated for in a successful personal injury claim, even one against a police officer.

Filing A Case Against An Officer

Never file a brutality case against an officer without an attorney. Punitive damage awards are imperative in a police brutality case, especially if the victim expects to continue living in the same town. Profiling occurs regularly in small localities, often as a matter of policy, and the complaining victim is a marked individual by the entire department. Always remember that policemen also have the authority to kill with impunity if they can argue to court associates, such as the judge and prosecutor, that the assassination of a potential suspect was necessary. And, the threshold for proof by the officer is minimal.

Hire A Feared Personal Injury Attorney

Make sure that a known attorney is hired because the court will protect the police officer to a fault. An unrepresented novice filing brutality claims will be laughed out of court. Get an attorney and get a loud one, especially one with a solid track record of standing up to the authorities. Remember, the attorney is an officer of the court also, and the police officer cannot claim superiority as they can against a novice victim. The attorney can be eviscerating, if necessary.

Filming Police Action

Modern camera technology has made it much easier for a witness to a police brutality case to record any offensive occurrence, but states and courts actually are attempting to establish that filming police brutality against an innocent party is terrorism. Legislatures are actually considering this governmental overreach by codifying this martial law concept. Having a solid attorney on your side when filing a case against a police officer is crucial, and requesting the officer’s release may be necessary.

Police departments routinely investigate all brutality claims as a form of public relations, and then dismiss the officer from duty with pay while the case is being adjudicated. Be prepared to maintain the case over the long haul, and be prepared for enhanced charges from the court in an attempt to avoid a civil lawsuit against the court of jurisdiction. The court is the ultimate respondent, and protecting against a brutality lawsuit will be the primary court focus.

One of the topics author and artist Molly Pearce finds herself most concerned with is human rights. She shares this post to provide valuable information to individuals who have been or may be affected in the future by the horror of police brutality. With the help of an experienced legal representation such as Minnesota personal injury attorney, Kevin W. DeVore, those affected by this type of trauma do have the power to take a stand, hopefully spare others from the experience, and to be compensated for their pain and suffering.

Injured at Sea – How to Swim Instead of Sink

Being out on the open seas overwhelms the senses with a feeling of freedom that’s unlike any other. This sensation, perhaps, is what drives many individuals to craft a career out of their love for the open sea. But while constantly surrounded by beautiful waters, the dream job of working at sea presents several hazards that can turn it into a nightmare.

The maritime industry contains some of the most dangerous jobs in America. For this reason, these workers have specified rights that are meant to assist them after suffering an injury. The counsel of a maritime injury attorney is a prudent investment for those making a living at sea.

Dangers of working at Sea

There’s no doubt that working at sea presents a host of hazards that individuals in other careers rarely, if ever, have to face. A job doesn’t even have to be backbreaking for dangers to exist on the water. This is evidenced merely by looking at the January 2012 Costa Concordia disaster, the partial sinking of an Italian cruise ship. Maritime workers onboard included waitresses, stewards, entertainers and other individuals employed in otherwise run of the mill jobs but hazardous due to being performed on a ship.

It’s also important to note, however, that some maritime work is dangerous even when negligent actions, such as those that led to the Costa Concordia disaster, don’t occur on the ship. In a recent review of workplace fatalities, for instance, it was discovered that being a commercial fisherman was the most dangerous job that anyone could have in America. Slick decks, dangerous weather and working around heavy machinery are just part of the dangers that constantly put fishermen’s lives at risk.

Protections for Maritime Workers

Maritime workers are entitled to what is known as “maintenance and cure” if they’re injured in the line of duty. “Maintenance” refers to small payments meant to reimburse an injured individual for the food and shelter they’d otherwise be receiving on board their vessel if they weren’t injured. “Cure”, on the other hand, is the payment made to ensure that a person receives the proper medical care to get better.

Unfortunately, maintenance and cure payments don’t amount to much. Regardless, an injured maritime worker should immediately inform their employer or captain about any accident and seek medical help. After this, it’s advisable for these workers to seek out the help of an attorney. This is because, unlike worker’s compensation claims, maritime employees can actually recover damages if they are injured due to negligence.

The Jones Act is an umbrella term for several pieces of related legislation enacted from 1916 to 1929, dealing with sailors’ workmen’s compensation and foreign sailing vessels used in domestic trade. Its purpose is meant to ensure that sea workers can bring forth claims against negligent parties if injured on the job. The negligent parties in these cases can range from vessel owners all the way to coworkers. Since maintenance and cure payments are so low, there’s a chance that a maritime worker’s only chance at receiving fair compensation for their injury is to bring forth a Jones Act claim to recover damages.

Maritime work is simultaneously among the most rewarding and most dangerous occupations available. There’s obviously an inherent danger in being out in the middle of a large body of water, but when this is combined with negligence on the part of another individual, the dangers may become too great for someone simply trying to put food on their table. Because of this, it’s imperative for every maritime worker to understand the rights to which they are entitled.

Writer Terry Duschinski has researched through the resources of a maritime injury attorney, Doyle Raizner LLP, in compiling this report.

How to Survive Holiday and Travel Injuries on Foreign Soil

Its human nature to want to get away from our “home base” every once in a while. This usually involves short trips out of state or maybe even across the country, but some individuals are lucky enough to have the time and resources to enjoy a vacation in a foreign country.

These trips can be very exciting, but unfortunately, they do present a few dangers. One of these dangers is the chance that a tourist will experience an accident while overseas, so any traveler should take steps to be prepared for this potentiality.  They are as follows:

  • Speak to Healthcare Provider – It’s essential, before heading to a foreign country, for a person to check with their healthcare insurance provider to see if their medical care will be covered in case of an accident in a foreign country. If not, it’s important to ask the insurer if they provide additional travelers’ insurance.
  • Talk to Travel Agent – In some cases, travel agents actually provide insurance for those going out of the country. This is a great way for a person to get discounted rates since they’re already paying their agent to book tickets, set up hotels and everything else that goes into a vacation of this magnitude.
  • Hire a Good Driver – While it may seem silly, especially if a family wants to rent a car,it’s best to check blogs like The Biggest Problem With Car Leasing Tips, And How You Can Fix It
    and for sure hire a driver when it’s necessary to travel anywhere while overseas. As it turns out, one-third of all non-violence related deaths overseas happen due to car accidents. Removing this danger is a great way to stay safe.
  • Ask for Police Report – It’s best to file a police report whenever an accident occurs overseas. While not all countries’ law enforcement departments will be as efficient as others, many will still file police reports for accidents; and this is especially the case if another person’s negligence led to the accident.

Getting a copy of the police report will also help a person avoid having to later track down records  through the International Criminal Police Organization (INTERPOL).

  • Keep Receipts – Keeping receipts for any costs related to an overseas injury is absolutely essential. While holding onto receipts and medical bills is essential in America, it’s even more so in foreign countries since it won’t be as simple as heading down the street and asking for another copy once someone returns to America.
  • Contact Insurer – An injured individual should contact their insurer, whether it’s through their own healthcare insurance or the travel agencies, as soon as they possibly can.It’s essential to report any injuries so that the appropriate measures can be taken to get medical bills covered and ensure that appropriate treatment is continued if necessary.

Additionally, it’ll give an injured person the chance to find out if their assigned treatment was up to par with what they would’ve received in America.

  • Contact Attorney – An individual should also contact an attorney once they’re back in the states; in fact, if possible, it wouldn’t hurt to do this while still overseas.

This is especially essential if an injury was due to another person’s, government’s, company’s or organization’s negligence.

In these instances, a good attorney may be able to help an individual recover all of their lost costs, including the need to change travel plans, and even pain and suffering payments. This attorney will, however, need to have experience dealing with foreign law.

Foreign vacations can expose a person to an all new culture and set of experiences, but it only takes one injury to completely ruin this adventure. Luckily, there are ways to properly prepare for this possibility, and vacationers who abide by the aforementioned rules will be much more likely to not have lasting negative effects if injured overseas.

An injury overseas can ruin a vacation, but with a little vigilance and preparation, an individual can minimize the damage it causes on the rest of their life.

Jamica Bell is a freelance writer and avid traveler. She contributes this article as a way to help travelers prepare for their travels abroad. During her research, she found http://www.doyleraizner.com/international-personal-injury to be very helpful and informative, especially for individuals who have been injured in an accident on foreign soil.