When a family loses a loved one because of someone else’s negligence, they are left with overwhelming grief as well as a financial deficit. After all, they are dealing with a loss of income while medical and funeral bills pile up by the hour. However, if your loved one was killed due to a negligent act by another person, you are able to file either a survivor action or a wrongful death claim. Each claim option will provide compensatory damages to the family of the deceased, but they vary in their outlook.

What is Wrongful Death?

A family member can file a wrongful death claim if their loved one was killed as a result of another party’s wrongful action. There are several scenarios in which this may occur including medical malpractice, car accidents or work accidents. In order to bring forth a wrongful death claim, the plaintiff must prove that the death was caused by negligence or malicious intent from another person. They must also prove that the family of the deceased is suffering either financially or emotionally as a result of death and would benefit from compensatory damages. Awarded damages could compensate for the family’s pain and suffering, medical bills, funeral expenses, and even future income that the deceased could have earned.

What is Survivor Action?

A family member can also choose to file a claim for survivor action. Instead of compensating the families for their loss, these damages attempt to provide compensation for the suffering of the deceased. Basically, survivor action awards damage to the deceased’s estate, compensating them for what they would have received if they had survived the accident. This means that the finances are distributed to the estate instead of sent directly to the family members.

Who Can File Wrongful Death Claims?

A wrongful death or survivor action claim must be filed by a representative of the deceased’s estate. These representatives could include immediate or distant family, common law life partners or financial dependents. In some cases, persons unrelated to the deceased can file a claim if they are struggling financially because of the wrongful death.

Who Can Be Held Responsible for Wrongful Death?

Depending on the situation, different parties can be held responsible for wrongful death. In court, the plaintiff must prove that the death was caused as a result of negligence by an at-fault party that had a “duty of care” for the deceased. This is defined as a legal obligation to exercise care and caution when involved in situations that could harm others. For example, drivers operating a motor vehicle have a “duty of care” for others on the road.

Figuring out who is liable for a wrongful death or survival action claim can become extremely complicated, getting help from PIOLETTI PIOLETTI & NICHOLS can give you peace of mind. In many situations, these cases could last several months to over a year. If you’re considering filing one of these claims, you should contact an experienced wrongful death attorney who can ensure you receive the compensation you deserve for the loss of their loved one.

Regardless of the kindness or understanding of a police officer, intimidation and fear are part of the arrest process simply because of the situation. No one intends on being arrested, and when the cuffs are secured, everyone feels vulnerable as control is taken away. However, even alleged criminals have rights, and it is your responsibility to understand those rights, protecting yourself from abuse.

Right to Know Charges

Always know what you are under arrest for. A police officer cannot place you under arrest without informing you of your indiscretions and legal faults. Until an officer places you under arrest, you are free, which means you do not need to submit to questioning. However, keep in mind that you can be held for the suspicion of a crime with enough evidence — even just circumstantial evidence. Still, the police can only hold you for so many hours before drafting and notifying you of formal charges.

Right to Remain Silent

As a prominent component of your Miranda rights, knowing when to remain silent is crucial. Do not speak with detectives or arresting officers other than to state your name and additional biographical information. Do not discuss specific aspects of the charges or your case without an attorney present. Everything you say is admissible in court. While it’s tempting to profess your innocence relentlessly, know that the more you speak, the higher the odds of you potentially saying something to hurt you. The detectives and arresting officers are not your friends, and they are not there to help you.

Right to an Attorney

Beyond keeping quiet, your most important right is to an attorney. Hire an attorney as soon as you are able. If you cannot afford an attorney, request a public defender at your arraignment. Remember, do not talk about your charges or the case until you have your attorney present. If detectives pressure you into talking with them, keep your answers to known facts. However, the best response is to say you refuse to answer without an attorney present. You have no responsibility toward the arresting officers, do not allow anyone to manipulate you.

Fear is rational when you are being placed under arrest. However, you cannot let that fear blind you to your rights. It is natural for the police to want a quick legal resolution, but your responsibility is only to yourself. Contact an attorney, like a criminal defense attorney in Fairfax, VA from May Law, LLP, at the earliest opportunity and refuse to answer questions until they are present.

An experienced truck accident injury lawyer, like a truck accident lawyer in Cleveland, OH, will know that truck driver negligence can result in terrible multi-vehicle wrecks that cause catastrophic injuries including traumatic brain injury, fractures, dislocations, paralysis, paraplegia, quadriplegia, other disabling injuries, and wrongful death. Tractor trailers, big box trucks, and other commercial trucks are extremely heavy and sit high off the ground, providing specific dynamics that increase the risk of serious personal injury when there is a trucking accident. 

Who Is at Fault? 

When a commercial truck crashes into a car, the trucking company may defend the claim by arguing that the truck driver was not its employee, but was instead acting as an independent contractor. Laws vary by state, but generally, the legal determination of whether a truck driver was acting as an employee in the course and scope of his or her employment, as opposed to acting as an independent contractor, depends on whether the trucking company controlled the “means and methods” by which the truck driver operated his or her semi-truck or other commercial truck.  

In some cases, the inquiry is simple. If the truck driver filled out the company’s application, went through its applicant screening process, was provided with an employee handbook, was assigned a supervisor employed by the trucking company, was paid by a company check, and received a W-2, the traditional definition of “employee” is clearly met. In such a case, the trucking company will be held vicariously liable for the trucker’s negligence including speeding, traffic violations, regulatory violations, and other negligent acts that cause a motor vehicle crash.  

Using a Truck Driver as a Contractor

Increasingly, however, major trucking companies will contract with smaller trucking companies to fill their needs. In these cases, the larger trucking company will argue that no employer-employee relationship existed with the subcontractor’s employee. However, if the large trucking company controlled the truck driver’s route, operations and other employment-related activities, your state’s law may allow you to hold the major trucking company liable along with the smaller trucking company that directly employed the negligent truck driver. This issue becomes important if the truck driver or his direct employer carry insufficient insurance limits to cover all the compensatory damages caused by serious personal injuries or wrongful death. In that case, your personal injury lawyer will need to investigate whether the larger trucking outfit bears vicarious liability for the truck driver’s negligence.  Once this connection is established, attorneys can discover whether the larger trucking company has additional or greater liability insurance limits that apply to the personal injury or wrongful death lawsuit.

Vicarious Liability

“Vicarious liability” means that an employer is held liable for the negligent acts of its employee, including trucking negligence. Vicarious liability can be established through proof of a traditional employer/employee relationship under the doctrine of respondeat superior. In addition, an independent contractor can be deemed to be the agent of the trucking company under certain circumstances using principles of actual agency, apparent agency, and agency by estoppel. In the latter circumstance, the key inquiry is whether the large trucking company had the right to control the actions of the independent contractor semi-truck driver.  

Conducting an Investigation 

A detailed factual investigation is necessary to reveal the circumstances of the relationship that might establish a right of control, including whether the trucking company established the route, supplied the truck or trailer, monitored the truck driver’s progress via an app or satellite, whether the trucking activity was part of the company’s regular business, the terms of the agreement between the truck driver and the trucking company, whether payment is by the hour or job, and whether the trucking company has a right to terminate the trucker’s employment. Your personal injury lawyer will want to obtain and review the following documents: 

• The bill of lading
•  A purchase order invoice
• Trucking company apps
• Any lease agreement
• Any other written agreement between the parties

Contact a Personal Injury Lawyer

In some states, the inquiry ends with a determination of whether the trucking company was exercising its motor carrier operating authority under the Federal Motor Carrier Safety Regulations (FMCSR) at the time of the wreck. It is important to contact an experienced personal injury lawyer or wrongful death lawyer who specializes in trucking accidents early after a catastrophic trucking accident in order to explore these issues and preserve evidence vital to proof of a connection between the negligent truck driver and his or her employer.

Thanks to Mishkind Kulwicki Law for their insight into forming a lawsuit because of truck driver negligence.

Auto accidents may cause injuries that aren’t apparent immediately. These injuries can develop into pain, headaches, and if left untreated, even arthritis. Many people are not immediately aware they have been hurt in a motor vehicle crash. Untreated auto accident injuries often lead to chronic problems that may be more challenging to correct.

If left untreated, injuries from auto crashes can lead to issues like headaches, low back pain, sciatica, neck pain, dizziness, numbness and tingling, insomnia, TMJ syndrome, and fibromyalgia. Once these problems become chronic, they can be very difficult to treat—sometimes necessitating surgery. Fortunately, natural chiropractic care is a safe and effective solution.

How Chiropractors Treat Accident-Related Injuries

A chiropractor’s approach to accident-related injuries is to use specific manual manipulations, which are the core techniques of chiropractic care. Additionally, chiropractors may recommend treatments such as these to help recover full function of the spine:

• Neuromuscular reeducation
• Electrical stimulation therapies
• Intersegmental spinal traction
• Hot and cold therapies
• Massage therapy modalities 
• Therapeutic and rehabilitative exercise 

After a thorough examination, a chiropractor can create a comprehensive treatment plan to help restore the proper position and function of the spinal bones. If poor spinal alignment from an accidental injury is caught early, scar tissue can be minimized, and inflammation can be reduced.

Why You Should Seek Help Soon After Your Accident-Related Injury

Chiropractors have years of education and experience in treating injuries that result from auto accidents. If you have been in a motor vehicle accident, it is crucial that you get  a medical evaluation as soon as possible. If you have already reported the accident to the insurance company and have a claim number, a chiropractor may be able to bill them directly for the chiropractic care you receive.

It’s also a good idea to seek legal counsel after your accident-related injury. This is especially critical if you suspect another party is responsible for the accident. A lawyer can advise you of your legal rights and work to protect your best interests. Harm from accidents can disrupt your life not only through the injury itself, but by causing high medical bills, lost wages, and other substantial lifestyle inconveniences. 

Accident-Related Health Issues That May Respond Favorable to Chiropractic Care

Chiropractors can help with numerous kinds of injuries sustained in a car collision. Some of these include:

Whiplash. Whiplash describes neck pain following damage to the soft tissues (ligaments, tendons, and muscles) of your neck. Whiplash is associated with rear-end car collisions most commonly.

Sprain and Strain. A strain occurs when a muscle and tendon unit is overstretched or torn. The muscle itself may tear. Or, the area where the muscle and tendon join together can tear. Or, the tendon may tear partially or entirely. If a ligament is overstretched or torn, the injury is called a sprain.

Lower Back Pain. Low back pain from collision-related injuries is one of the most prevalent types of chronic pain. Sometimes accident victims sustain life-changing spinal injuries.   

If you have been hurt in a motor vehicle accident, don’t hesitate to get the help you need. Call a chiropractor for physical therapy in Rockville, MD right away.

Thanks to Pain Arthritis Relief Center for their insight into chiropractic care and car accident recovery treatment.