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Although many people seem to think a wrongful death action is a criminal case, it is not. A wrongful death action is a civil suit with the award called a structured settlement.

Those who have experienced the loss of a loved one thanks to the actions of another individual or a company may file a wrongful death claim or lawsuit in civil court. Perhaps the best example of a potential wrongful death suit is the proposed suit to be launched by Katherine Jackson, Michael Jackson’s mother.

The people who choose to bring the lawsuit are called plaintiffs and the people they file the suit against are called defendants. The main difference between civil and criminal actions is that in a civil action damages are awarded to the plaintiff and in a criminal lawsuit it’s the state taking action after a crime has been committed.

The kind of damages awarded in civil cases tends to vary from state to state and it’s best to consult with a skilled wrongful death attorney for further information. Some of the factors taken into consideration when an award is determined have to do with how the deceased handled money while alive, what income would have been earned had they lived (future earnings), the cost of the death which includes medical and funeral expenses, and the suffering and pain of the family left behind to cope without their deceased family member. Awards in these kinds of cases are typically referred to as a settlement, and are usually paid out over a “structured or specified” length of time.

Structured settlements are handled in a variety of ways. Typically, once the award has been made a structured settlement factoring transaction kicks in, letting the family get a lump sum payment instead of many smaller, proportioned amounts. At this point some plaintiffs opt to sell their rights to get all or part of their future payments immediately. This is something that definitely needs to be discussed with a highly qualified wrongful death attorney, as although there may be advantages to selling the structured settlement, it isn’t the right route to go for everyone.

It’s not unusual for people to sell their settlements to get money up front because in most instances by the time the award comes through they are in need of money to pay overdue bills and other expenses such as educational needs, improved housing, different transport, and unexpected and continuing medical bills and rehabilitation.

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When the term professional malpractice is mentioned, many people assume it automatically refers to medical malpractice. This isn’t always the case.

Malpractice cases don’t always center on medical malpractice issues. In fact, the term malpractice refers to any act of neglect or failure by a “professional.” These kinds of cases also happen to involve accountants, nurses, dentists and lawyers.

The difficult thing about malpractice cases is what actually constitutes professional neglect. This is a hard thing to prove, as it usually boils down to a “he said/she said” situation and involves what other pros in the same profession as an accused consider to be the “gold standard” of proper and ethical practice.

Professional neglect is an act by an expert that harms a patient or client. In other words, the person on the receiving end of the negligence suffers some harm. Usually in cases such as this the assertion is that the quality of care or the service provided was outside the generally accepted standards followed by others in the same profession.

There is, however, another meaning for the term malpractice and that is an act done on purpose by a professional intending harm. For example the case of an accountant or stockbroker who misappropriates money from his or her clients. It may also mean an instance where a patient in a hospital gets the wrong medication and it causes physical harm. This would be a prime example of hospital malpractice. Medical misdiagnosis may also fall into this area of law.

While it likely goes without saying that experts in any profession are only human and are sometimes prone to making mistakes, the dividing line between an honest mistake and malpractice is when the harm caused by the practitioner could have been avoided if they had only acted in a reasonable manner “under the circumstances.”

The most common cause of death in the U.S. is medical malpractice and includes cases involving bungled surgery, cancer misdiagnosis, birth injuries, and medication overdoses or mistakes. Ranking right up there next in line are errors relating to not getting informed consent before doing a medical procedure and the failure to act quickly to treat a diagnosed condition.

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Unfortunately there are an increasing number of medication errors being made in hospitals and other medical settings; errors that result in medical malpractice cases.

These figures will shock and likely dismay you. There are well over a million people a year across the U.S. who suffer harm or death due to medication errors. It’s these kinds of mistakes which may well lead to a medical malpractice case or a wrongful death action. Don’t guess which legal route you may be eligible for because these cases are difficult to prove. Always speak to a highly skilled medical malpractice attorney for advice and an assessment on whether you have a solid case.

What constitutes a medication error? In a nutshell, it is any “preventable act” that may cause or wind up causing improper medication usage and patient injury while being cared for by a health professional. Known also as prescription errors, these potentially deadly slip-ups may come about as the result of poor product labeling, the wrong orders being given, inappropriate compounding, monitoring, administration or use and dependency. It only takes one minor mistake handling drugs and the consequences could mean severe harm or death for an unsuspecting patient.

Recent statistics indicate that the most common fatal blunder was giving the wrong dose of medicine. Those figures were a whopping 41%, with giving the wrong drug and using the wrong method of giving that drug coming it at 16%. This information would certainly give anyone in a care setting a great deal of pause for thought.

Unfortunately, many of the people in care are not able to question what drug they are being given and are in essence a captive audience being fed medications as the doctor orders. Whether or not the right orders were given and the person administering the medication does so in a proper manner are the other questions that may lay the foundation for a medical malpractice lawsuit.

Many medically negligent medication errors happen with people over the age of 60 years old. The major reason for this is that many seniors in that age bracket are on multiple medications and the chances for a potentially fatal interaction/reaction increase exponentially. Make it a point to check out all medications you have been told to take. Ask about side effects and compatibility of the new medication with existing ones. Read everything you can get your hands on about the drug and double check the dose, when to take it, how to take it and any other special instructions.

Being involved in your own health care is essential if you want to minimize the chance of having something go wrong later when you are not able to be present and alert to monitor what you are being given. If you suspect you have been the victim of medical malpractice or a family member died due to a medication error, contact an expert med mal attorney well in advance of the statute of limitations running out.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

There are more scams on the go than just the high profile ones that you read about in the paper. Madoff is a very large example of some of the smaller schemes that proliferate online and offline.

There are far too many con artists out there these days to really take anything for granted any longer. You can thank the recession for that as more people try to find ways to make money. Let’s face it, investors are looking to recoup their losses somehow and on the other side of the fence, there are con artists just salivating to divest them of their money.

Be on the lookout for scams like the Ponzi scheme which dangles the golden promise of high returns in front of investors. This one works by taking funds from new investors and then paying off the first investors in the pyramid until it ultimately collapses. In the Ponzi, virtually all the investors lose everything, including the shirt on their backs.

We all know the real estate market is in a real mess and this is where the real estate investment con comes into play. It usually promises high returns for merely flipping real estate. However, investors lose out big time when expected work is never performed as promised or the house is located in a really bad area where no one wants to live.

A little closer to home and a bit more personal, is the investment/financial advisor fraud. This happens when an advisor without any ethics or morals takes advantage of their client not knowing much about investments. They may embezzle funds, grossly over inflate the cost of their services or have even been known to make up charges.

Another popular scam is the oil and gas investment con. It primarily assures investors they will make quick bucks on oil and gas ventures. However, these “ventures” never do get off the ground. Make sure you are aware and alert and watch for unregistered securities.

The worst scam of all, at least on a personal level, is something called the affinity fraud. The scam artist in this fraud uses personal connection to target groups, say at work, church or even a family, and lures them into making fraudulent investments. This one really hits home when those who have had the wool pulled over their eyes discover the deceit.

If you’re the victim of fraud or about to be charged with fraud, hiring the right attorney will make all the difference in the world. Don’t try to handle fraud situations on your own, as there are too many things that have the potential to go wrong.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Not a day goes by that the highways in America aren’t teeming with big rigs. The 18-wheelers that make the pavement sing as goods are trucked to various locations. Beware tangling with a big rig, as the results are usually deadly.

For commuters on their way to work, for those out on the Interstate byways and country back roads, spotting a big rig is a very common occurrence. They are part of the mosaic of America. They are also deadly instruments of destruction if involved in an accident. In general, most drivers don’t pay that much attention to the big rigs, nor do they give much thought to who is behind the wheel. In most cases, they’re too busy just driving, concentrating on getting from point A to point B quickly. And therein lies the problem.

When car drivers don’t pay attention to what they are doing, or what other vehicles are close to them and what they are doing, this is when accidents happen. Truck drivers are not mind readers. If they were, there would be fewer deadly car/truck crashes. Truck accidents are catastrophic and almost always involve fatalities.

While it’s true that a number of big rig accidents are caused by the truck drivers not obeying the rules of the road, the other factor here is car drivers taking responsibility for their driving habits. It’s a common sense fact that 18-wheelers are much harder to maneuver than a car and take longer to stop. It’s just like the Randy Travis song that says 18-wheelers don’t stop on a dime.

Consider this deadly scenario: a car passes a commercial truck, whips back into the same lane as the truck far too early and then suddenly stops. The truck driver has no hope in avoiding an accident in cases like that. Instead they may jackknife, flip or run over the car that cut them off – not intentionally, but because they can’t stop soon enough.

Many car drivers also make the mistake in thinking that just because they can see the truck, that the truck driver is able to see them. This isn’t the case. Just as there are blind spots while driving a car, there are blind spots for truck drivers. Don’t wind up in one of those blind spots.

Another tactical error that car drivers make if they’re not familiar with how big rigs turn corners, is move around the rig to the right, smack dab in the way of the rig as it turns. The consequences of this are not pretty, and while not usually deadly, there is the potential for serious injuries.

When traveling with trucks, singly or in a convoy, stay clear and well away from them. Give them the space they need to travel safely. Avoid driving between two trucks or getting too close for comfort. Commercial trucks need space, and lots of it. That’s just the way life is and car drivers sharing the roads need to be aware of their own actions and take responsibility to drive with caution.

In the event of an 18-wheeler collision, immediately, despite severe personal injuries, contact a highly skilled attorney to take the case. The road to justice will then be an easier one to travel.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Running a company isn’t just about getting and keeping customers. It’s about knowing what laws are involved in running that business.

There have been many adventurous entrepreneurs who launched an enterprise on a wing and a prayer and later realized they were missing some important legal underpinnings. It’s never a good idea to get into something without knowing all the ramifications. This avoids some really nasty revelations later if the rules of commerce and legal p’s and q’s weren’t handled up front.

Not knowing what business related issues may come up is guaranteed to cause problems if all the proper steps aren’t put into place to protect the operation. For instance, all the paperwork needs to be filled out correctly, all the t’s crossed and the i’s dotted, to ensure there is a proper (legal) registered business entity. Any and all transactions undertaken in the name of the business must have the correct legal documentation to back them up. Doing this without the help of expert legal counsel is problematic, as there are so many pitfalls on the road to setting up a business.

Making sure all the documents relating to the venture are correct is one of the first priorities in getting set up, as these papers will come in handy if the firm is sued. This isn’t to say that just because a business has been launched that an in-depth knowledge of the law is required, as that’s what business lawyers are for in the first place. Having a general knowledge would be ideal in order to understand the concepts of structuring an operation and dealing with the day-to-day affairs and paper flow.

Consulting an attorney with expertise in this area is a smart move, because the same lawyer who made sure the business is legal and properly registered will be the same one that is able to keep the legal affairs of the company in order. Whether it’s a partnership, sole ownership or some other entity, such as a limited liability company, the attorney who specializes in this area will have the acumen to keep things on track and allow those involved in the company to run it without worrying about all the legalities.

If contracts are something done on a regular basis, having a working knowledge of how they work would make sense. It’s not required to be an expert in this area, as the attorney will handle that. It’s a given that the law is the purview of the business attorney and although entrepreneurs may like to be informed about the overall picture, it’s best the technical details are left to the lawyers. Business law is highly complex and only a skilled lawyer with extensive experience will be able to provide the best advice for companies.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Even though the law demands you remain at the scene of an accident, exchange information with the other driver and wait for the police if they have been summoned, there are people who take off instead.

Unfortunately, even though the law states those involved in crashes must stop and stay at the scene, there are an increasing number of people who jackrabbit, leaving the other driver wondering how they will recoup from the accident. Generally speaking, there are three possibilities why someone takes off after being involved in an accident: they were DUI, uninsured or unlicensed.

If the driver of the vehicle that took off and left you stranded at the scene is living in the U.S. illegally, there is a good possibility they have no driver’s license. Illegal residents have the ability to buy vehicles at auctions since no one asks for a driver’s license. What usually happens after they have fled the accident is they abandon the car, as it is usually untraceable even if it is recovered.

When it comes to uninsured drivers or those driving while under the influence, these leave a lot more clues as to their whereabouts. While this might be reassuring in terms of catching the culprit, when it comes to uninsured motorists, this will not do you much good. They won’t be able to pay for any damages. You might want to check with your insurer about uninsured motorist coverage, as this will provide compensation for pain and suffering, lost wages, etc. It will also apply to passengers in an accident.

Frankly, in this day and age, it makes a great deal of sense to have as much uninsured motorist coverage as you can afford. Too many things can go wrong when you’re driving and taking the chance that the other driver is also insured is a real risk. Your state may mandate uninsured motorist coverage, so check first before buying auto insurance.

If the driver that hit you was drunk, they may be found and they may also have insurance. Having said that, once again, this is a risk you take if you don’t also have uninsured motorist coverage of your own. If you are able to get the license plate number and a good description of the vehicle, it will help the police look for the culprit. With luck, that driver will be caught and does have insurance.

In cases like this, whether you have uninsured motorist coverage or not, make it a point to speak to an attorney who has extensive experience in dealing with auto accidents. S/he will brief you on how to recover losses if the other driver does have coverage and may be able to assist you in dealing with your insurance company if the driver was uninsured and you are having trouble with your claim.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

In actuality, there is nothing “common” about medical malpractice lawsuits, as they come in a variety of disparate areas.

If you’ve ever picked up a paper and taken a good look at the headlines, you’ll likely see a case or two relating to medical malpractice. At least you will if the case is large enough to garner a fair amount of public exposure. Otherwise, many med mal lawsuits go unreported and virtually unnoticed except for the plaintiff and defendant.

The reality of the matter relating to how frequently medical malpractice lawsuits are filed lies somewhere in the middle. Either they are far more frequent than we believe and doctors have to pay out more in liability insurance (malpractice insurance) or the numbers are not as high as we think because many people don’t realize they have been the victim of medical malpractice or choose not to report it for fear of alienating their doctor. The truth at times is stranger than fiction.

The most up-to-date statistics relating to medication errors are from 2006, the follow-up survey done by the Institute of Medicine. Their updated figures show that from 1999’s first report indicating malpractice caused 98,000 deaths to 2006, the figure shot up to an estimated 1.5 million. Obviously the problem is not getting better with time. This particular set of numbers also showed outpatient clinics were responsible for the largest number of mistakes and deaths than a hospital. On the other hand when hospitals the made a mistake, they made ones that resulted in more severe injuries.

You may be wondering what kinds of mistakes doctors and other medical practitioners make. Generally speaking, the errors fall into five categories: medication errors, misdiagnosis, surgical errors, anesthesia malpractice and birth errors.

Doctors have the initial responsibility to correctly diagnose a patient’s illness. If they don’t get it right there is a high likelihood the treatment and/or medications will also be wrong. Failure to diagnose breast cancer is cited in roughly 40 percent of med mal lawsuits.

Another large percentage of med mal lawsuits are based on medication errors, which could mean the wrong medicine entirely, an incorrect dose, a wrong prescription or the wrong combination of drugs. These kinds of errors will of course make the patient’s condition a great deal worse, or in the extreme, result in wrongful death.

Birth injuries are usually caused by several things that include the doctor failing to provide pre-natal care, not performing tests that would show if there are any fetal abnormalities, not recognizing fetal distress, rushing to deliver the child too soon causing injuries for the mother and child, and providing adequate care for preemies. Negligence in this area may cause clavicle fractures (fractured collarbone), cerebral palsy, Erb’s palsy and shoulder dystocia, etc.

During surgery, just about anything is likely to happen. In most instances of surgical errors, negligence has played a large part in the death or injury. Generally speaking most injuries or deaths are the result of negligent pre-op planning and after surgery care. Other errors include not giving the right dose of anesthesia, performing the operation on the wrong part of the patient’s anatomy, puncturing an internal organ and leaving instruments in the body.

Of course anesthesia is a part of surgery and this calls for precision and a great deal of expertise in making sure the right dose is given and there are no pre-existing conditions that may complicate matters. The wrong dose may be fatal or cause serious long-term difficulties for the patient.

Medical malpractice may be found in just about any setting from the hospital to a pharmacy and from a dental office to the clinic of a gynecologist. If you think you may be a victim of medical malpractice, do not hesitate to contact a highly qualified medical malpractice attorney to find out what your rights are and have your potential case assessed.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

The Institute of Medicine in the U.S. estimates that close to 100,000 die in hospitals every year thanks to medical errors.

Many medical errors may arise as the result of the patient and doctor not communicating well in asking the right questions or in answering them properly. “The errors may happen at any point during the time a patient and doctor interact, but more commonly, they are at the stage when the physician is doing diagnosis, handing out prescriptions for medication or reading test results,” indicated Robert Webb of Webb & D’Orazio, an Atlanta personal injury lawyer practicing personal injury law, business law, and criminal defense in Atlanta, Georgia

To avoid the possibility of medical errors, the patient needs to be their own doctor to a certain extent. For instance, it only makes good sense that the patient actively participates as part of the medical process; after all, it’s their body. “Interestingly, research is showing that people who are involved in their own care experience fewer medical errors,” commented Webb.

Taking all the medications a person is on to the pharmacist and/or doctor to check what you are currently swallowing may avoid any nasty or sudden drug interactions. This is particularly true in this day and age when people are also taking herbal supplements that might interact with conventional drugs, or when people are taking drugs with the potential for serious side effects. E.g. Fosamax

On a similar note, make certain to check and double-check your prescriptions when you pick them up at the drugstore. Make sure the medication in the bag is the medication that was prescribed by the doctor.

If a hospital stay appears to be inevitable, then ask about what kind of infection control program is on the premises. Stick rigorously to proper hand cleansing and insist the staff also do the same. “Double-check anything and everything about any upcoming surgery, to make sure the medical team understands all the details,” suggested Webb.

Having someone else along for chats with the doctor is usually a good idea as well, as the second set of ears may hear something the patient, who is under stress, may miss. It’s time for people to make a difference in their own health care and approach to wellness. “Being aware and alert, and always asking questions is one of the best ways to avoid medical errors,” advised Robert Webb of Webb & D’Orazio, an Atlanta personal injury lawyer practicing personal injury law, business law, and criminal defense in Atlanta, Georgia.

Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Some people just want to settle a wrongful death claim directly with the insurance company, because they will make sure there is a good settlement. This is not always the case.

In most circumstances, the insurance company is out to protect their bottom line, which is to spend as little money as possible on any settlements. On the other hand, if a wrongful death suit goes to court, chances are the damages awarded will be a lot higher than what the insurance company was trying to hand out. Robert Webb of Webb & D’Orazio, an Atlanta personal injury lawyer practicing personal injury law, business law, and criminal defense in Atlanta, Georgia, has extensive experience in this area.

Sure it matters if the insurance company pays the medical bills and other things associated with a wrongful death – but – and this is the operative word here, but there are laws that entitle a person to a just settlement for their loss and grief. Simply put, someone who has lost a loved one is entitled to more than payment for doctor’s bills, etc. This is where hiring a good Atlanta personal injury lawyer comes into play.

It’s sometime difficult to know when to hire an Atlanta personal injury lawyer. However, auto crashes come to mind as one of the leading reasons people hire attorneys. “Speaking of car crashes nationally, the statistics reveal there were over 2 million people injured in crashes, with the death toll being 42,000 people last year. In Georgia alone, there were 1,600 deaths,” said Webb.

Those who have lost family members in crashes are entitled, by law under the wrongful death statutes in most states, to recover lost income, funeral expenses, pain and suffering and even punitive damages. Victims must remember to file quickly and before the statute of limitations runs out, and they are no longer able to file a claim.

Hiring an Atlanta personal injury lawyer in the case of a motorcycle accident also makes eminent sense, as the consequences of a bike crash inevitably change the rider’s life instantly. “If they survive the crash, they may have long-term physical difficulties. If they perish as a result of their injuries, their family members have the right to file a wrongful death suit,” added Webb.

Hiring an Atlanta personal injury lawyer is highly critical if someone has died as a result of an accident involving a big rig as well. These types of accidents are, in most instances, very deadly. It doesn’t matter what the cause of the crash was, what matters is being able to file for damages under the wrongful death statute. Consulting with a wrongful death attorney is the best option to obtain justice.

Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.