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February 28, 2022 by MatadorAdmin

When Birth Trauma Occurs

Medical Malpractice Attorney

There is no experience on Earth that parallels learning that your newly born baby has suffered injury during the birthing process. Birth trauma is both physically challenging for the newest member of the family and can be both emotionally and financially challenging for the loved ones of the tiny injury victim. There are so many emotions that can leave new parents in the wake of birth trauma that it can be difficult to know how to start processing them.

While speaking with an attorney doesn’t initially seem like a constructive way to deal with the wave of emotion which tends to accompany birth trauma, it is often one “tool in the toolchest” that new parents utilize to process their new reality as a whole. Seeking justice for an injured infant can help parents to process their anger, fear, and frustration in ways that may ultimately help their child, their family, and their financial situation to heal.

Financial “Damages” Awarded for Birth Trauma Victims

As an experienced medical malpractice attorney – including those who practice at David & Philpot, P.L. – can confirm, the new parents of an infant injured during the birth process are often in a strong position to seek financial restitution from those who are ultimately responsible for the harm caused by that trauma. Those who may be held legally responsible might include the hospital or other medical facility that provided birthing services associated with the traumatic circumstances and/or any individual medical provider involved in the traumatic birth.

Generally speaking, to succeed in a personal injury claim, the parties who have suffered harm must have been owed a specific “duty of care” under the law by those named as defendants in the lawsuit. Those defendants must have exercised a substandard level of care for those affected—generally in a negligent, reckless, or intentionally harmful way. Finally, those named in the lawsuit as plaintiffs must have been physically and/or financially harmed as a direct result of the substandard care provided. New parents can file on behalf of their infants, as minors cannot generally file their own lawsuits.

Depending on the severity and nature of the harm that your baby has suffered, your family may be entitled to damages related to medical bills, lost wages, loss of earning potential, pain, suffering, and other economic and/or non-economic damages. Please don’t assume anything about the possible strengths or weaknesses of your case until you’ve consulted with an experienced medical malpractice attorney in your area. You may be entitled to more compensation than you’ve been led to believe.

Filed Under: Uncategorized

December 23, 2021 by MatadorAdmin

Two Ways To Determine Who Is At Fault When A Passenger Is Hurt In An Accident

Both Drivers Are Probably Liable For the Car Accident 

Suppose you were a passenger in a car that was making a left turn when it was hit by an approaching car. In that circumstance, you reserve the option to sue the driver of the car you were riding in if the individual was careless in executing the turn, and you reserve the option to sue the driver of the approaching car if the person in question was careless (for example, on the off chance that the other driver was speeding or on their phone) and that lead to the cause of the accident as well. 

The two drivers could be found careless in that circumstance, and when you’re harmed as a passenger, you must figure out which driver was more at fault. What that implies as far as monetary responsibility for injuries and different misfortunes coming from the accident may also be determined. You can let the drivers and their particular insurance organizations sort it out. 

One Driver Liable for the Accident 

Suppose you were the passenger in a car that was struck in a rear-end collision. In rear-end collision claims, an attorney, like a car accident attorney from a law firm like The Lynch Law Group knows that the driver of the car that was hit is very rarely viewed as at fault because the accident is quite often the fault of the following car, maybe for following too closely or speeding.

If you were the passenger in a car that was engaged with a rear-end collision, your choices for looking for recuperation for your injuries are presumably restricted to making a case against the following driver. From a reasonable point of view, you can typically make a case with the car insurance company that covers the driver of the car you were riding in and afterward let that insurance company manage the following driver’s policyholder to sort out who will compose the settlement check. 

Ensure All Liability Possibilities are Covered In Your Lawsuit 

In case you are the passenger in a two-car (or multi-vehicle) collision and you are filing a claim or pursuing a lawsuit, you generally need to ensure you sue every one of the possible liable drivers. Sometimes you may end up with conflicting outcomes due to so many involved parties and different versions of the same story. In the event that you settle against a single driver in a two-car accident where you were a passenger, you need to ensure that any car accident settlement you get from the one driver is fair. Being a passenger in a motor vehicle accident is a very unfortunate situation, but hiring an attorney may be the best thing to do while you seek treatment for any injuries and to ensure you are taken care of.

Filed Under: Uncategorized

March 27, 2021 by MatadorAdmin

What is the Value of My Claim Worth?

Nursing home abuse allegations should not be taken lightly. If you or someone you know has gone through abuse or neglect at a nursing home, you may be able to file a claim against the responsible party. Contact a lawyer who has been successful in representing victims of abuse today so that you can obtain your deserved compensation and obtain justice. 

An experienced nursing home neglect lawyer like one from Davis & Brusca has represented many nursing home abuse victims and their families. Hiring a lawyer is important so that you can maximize your chances of achieving your deserved compensation and obtaining justice. 

Why should I hire a lawyer? 

Moving forward in the claims process without a lawyer to support you is not recommended. Filing a claim can involve a lot of complications, and you may not be prepared to resolve them. The knowledge, skills, and experience that a nursing home abuse lawyer has far exceed that of the average person. They will evaluate your claim so that you will obtain the right compensation amount. 

How is the value of my claim calculated?

To calculate your claim’s value, a lawyer will investigate your case so that they can find the estimated amount. The value depends on the circumstances of each case, but they can reach up to hundreds of thousands or even millions of dollars. Having a nursing home lawyer by your side to determine the value of your case is beneficial because it prevents you from getting an offer that is much lower than what you deserve. 

What damages may I be entitled to? 

Victims of nursing home abuse may be entitled to a number of damages. The final compensation amount that a victim can be awarded varies based on factors such as the severity of injuries and how long the abuse or neglect lasted.  

You may receive compensation for economic and non-economic damages such as:

  • Medical expenses (present and future)
  • Emotional distress
  • General pain and suffering

Contact a Lawyer For Legal Assistance 

There are many benefits to hiring a nursing home abuse lawyer who is equipped to protect your rights and handle your case effectively and efficiently. With the support of a skilled lawyer, you can significantly increase your final settlement amount and shorten the amount of time it takes to complete your case and receive compensation. Meet with a trusted lawyer today if you or a loved one has experienced nursing home abuse or neglect. 

Filed Under: Uncategorized

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