Can a Wrongful Death Case Be Filed If Criminal Charges Are Never Filed?
Could you file a wrongful death case if criminal charges were never filed? A wrongful death case can be filed even if criminal charges are never brought by prosecutors. Civil courts have a different, lower standard of proof, usually the preponderance of the evidence, so surviving family members could sue for funeral costs, lost income, […]
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
Wrongful death claim is filed by survivors for the losses caused by a person’s death, whereas survival action is a claim that allows the decedent’s estate to seek damages the decedent could have asserted prior to death. Wrongful death addresses loss of support, companionship, and funeral expenses for family members and generally follows state-specific guidelines […]
What Should You Do If You’re Hit by an 18-Wheeler?
Being hit by an 18-wheeler can be one of the most frightening experiences a person can face on the road. Commercial trucks are far larger and heavier than passenger vehicles, which means a collision can cause severe injuries, extensive vehicle damage, and complicated insurance and liability issues. In the moments after a crash, you may […]
When Is It Too Late to Hire a Car Accident Lawyer?
When it’s too late to hire a car accident lawyer really comes down to the statute of limitations for personal injury claims. The deadline differs by state but typically ranges from one to three years from the crash date. Witness testimony, insurance notice periods, and evidence quality play a role in making a strong case. […]
What Are The Notice Of Claim Deadlines For Government Injuries?
Key Takeaways You’ve got to understand that government injury claims are different from private claims, with sovereign immunity and notice of claim deadlines. Notice of claim deadlines for government injuries – investigations for government claims need to be immediate, and evidence collection needs to be thorough, including incident reports, medical records, and photos. Filing deadlines […]
Can Waiting Too Long To Get Legal Help Hurt Your Injury Case?
Key Takeaways Quick action after an injury is important because evidence can dissipate, witnesses may forget details, and it becomes more challenging for you to support your claim. Quick documentation and timely medical care support clear connections between your injuries and the accident. Waiting too long to get legal help can hurt your injury case, […]
Wrongful Death From A Car Accident: What Families Need To Know
Wrongful death from a car accident signifies that an individual lost their life due to another individual being reckless or disobeying the rules of the road. Families have difficult decisions ahead after a loss like this, from navigating insurance to securing legal representation. Many need to figure out what rights they have, how claims work, […]
The Difference Between Wrongful Death And Medical Malpractice
The distinction between wrongful death and medical malpractice stems from the underlying cause and type of the injury. Wrongful death means a person died due to someone else’s negligence or wrongful act, which can occur in countless ways, in addition to hospitals. Medical malpractice means that a medical professional made an error or violated standards, […]
How Long Do You Have To File A Slip And Fall Lawsuit In Arizona?
You have two years to file a slip and fall lawsuit in Arizona. The state has a rigorous statute of limitations, so the time begins on the date of the accident. Missing this deadline typically causes courts to dismiss the claim. For government property, the notice period is much shorter, typically 180 days to file […]
How To Prove Negligence In A Slip And Fall Case
To prove negligence in a slip and fall case, the injured person needs to demonstrate that the property owner neglected to maintain the area safely and that this neglect resulted in the injury. Courts typically require explicit evidence that the owner had actual or constructive knowledge of the hazardous area, but failed to address it […]