Personal Injury / Wrongful Death

A wrongful death action is a claim for damages that stem from the conduct, action or omission by another party, which caused the decedent’s injury and ultimately his or her premature death. State and federal laws have wrongful death statutes, which give certain persons the right to bring a claim for damages they have sustained as a result of the loss of their loved one. Generally, this would be monetary losses, but it may also be loss of companionship, loss to the estate or additional losses depending on the circumstances of the case.

Most states have statutes that require insurance companies to offer uninsured/underinsured motorist coverage as a part of each automobile/vehicle insurance plan. In most jurisdictions, an individual may be considered underinsured when his or her insurance policy coverage is not enough to fund the full amount of damages he or she is liable for due to an accident or other event covered by his or her policy.

There are many products on the market that we use today. Since the products are available to us, we assume that they have been tested, approved by the proper authorities and are safe. However, this is not always the case and injuries may occur. Products on the market that cause injuries may be found to be inherently unsafe and defective. A product may be defective in its design or in the way it was manufactured. The cause of the defect may determine the party responsible for any injuries you have suffered due to using the product.

If you have a personal injury claim, the amounts/kinds of damages you can receive depends on the type of injury you have suffered, the seriousness of the injury, what your losses have been (financially, physically or emotionally) and what jurisdiction you live in. The court may also consider additional factors based on your situation. Generally, there are two types of damages you may receive for a personal injury claim, compensatory or punitive.

Liability insurance is a contract between an individual (insured) and a insurance company. This agreement/policy is carried by an individual (policyholder) to pay any losses or damages that a third party may suffer due to the action of the policyholder. Automobile owners are required to have liability insurance in most states. Once an injury — or property damage — occurs, a claim must be filed with the insurance company. The damages covered by the insured (policyholder’s) policy, which the insured owes to a third party, will be paid by the liability insurance company.

If you have a been injured in an accident of some kind you may have a claim for the personal injuries you have suffered. When you have a personal injury action (or any tort claim), you must be aware of negligence. The defendant may be the negligent party and his or her negligence caused your injury. However, if you were injured as the result of your own negligence, this may also affect your claim. Negligence is failing to provide reasonable care for the safety of others or yourself.

Workers’ compensation benefits must be available to all employees under the Workers’ Compensation Act. Most states have their own workers’ compensation statutes that require employers to have workers’ compensation insurance coverage for their employees. This type of insurance is liability insurance to protect/cover employers in case one of their employees is injured (nonfatal or fatal) during the course of his or her employment (while on the job).