Month: August 2010

Damages suffered by a deceased individual prior to death are a category of compensation referred to as a survival action.

Most survival actions are launched in partnership with a wrongful death lawsuit. This is when someone dies suddenly due to the negligence of another. It may be due to a work accident, a dangerous/defective product, medical malpractice, car crash, an animal attack or medication errors. “As a net result of this unexpected death, those left behind face huge medical bills, burial costs, mental anguish and an overwhelming sense of loss; this in addition to trying to cope with their everyday lives. A wrongful death action lets the family get compensation for their loss,” said Robert Webb, an Atlanta personal injury lawyer with Webb & D’Orazio in Georgia.

A wrongful death claim may only be brought by the deceased’s immediate family. That would mean siblings, children, parents or spouse. In most instances, it is the spouse or a personal representative of the estate who launches the lawsuit. If the only surviving family member is a minor, the courts appoint a Guardian ad Litem to protect his or her interests.

“If a family member has been killed due someone else’s negligence, don’t wait to file a lawsuit. Time is critical in cases like this. Each state tends to have a different timeline for actions like this For instance, South Carolina’s timeline is three years. In Georgia, the statute of limitations for a wrongful death lawsuit is two years, so don’t wait,” Webb said. If the statute of limitations runs out, the plaintiff can’t pursue their claim.

Damages in cases like this generally fall into two rather wide categories, non-economic loss and economic loss. “In the non-economic loss category, you’d find things like loss of consortium, mental anguish and loss of companionship and society. In the economic loss category are things such as funeral and burial expenses, loss of support, loss of inheritance and loss of services provided to the home and family,” Webb said.

As for survival actions, this deals with damages suffered by the deceased prior to death. The survival action and wrongful death actions are usually filed together. These damages may include pre-death pain and suffering, pre-death mental anguish, loss of enjoyment prior to death and pre-death economic loss. Pre-death economic loss usually refers to items such as medical bills and lost wages. “These actions may also include a request for punitive damages against the person who caused the accident. If the act the negligent person committed was so egregious as to be reprehensible, the court may award punitive damages to punish the defendant,” Webb said.

To learn more, visit http://www.webbdorazio.com.

There are just some things a person who has been arrested or about to be arrested should not do.

“While this may seem to be a no-brainer, there are a large number of people who, when faced with a police presence, panic and run. Don’t do this. It’s one of the worst things you could do and it doesn’t do you any good in court later, either,” said Robert Webb, of Webb & D’Orazio in Atlanta, Georgia. The firm practices personal injury law, business law, and criminal defense.

Many people, when they have been arrested or are about to be arrested, talk and sputter with abandon. Do not offer any explanations for anything to anyone. “Just provide your name and keep the details of whatever it is the police want to talk to you about to yourself, and only speak to me. Why? Because although you may be innocent and just nervous, every single word you say is taken down for use against you later. The reality is that the police are looking for probable cause to arrest you. If the police ask to question you informally, refuse. By asking, they’re telling you you’re a suspect. Call me and I’ll take it from there,” Webb said.

That last thing anyone under arrest needs to do is dig themselves a hole they can’t get out of, even if they were just trying to explain themselves. “Stay quiet, be polite, refuse to be questioned and don’t let the police make a case against you,” Webb said.

“If your car has been halted at a traffic stop and you’re asked if the police can informally search your vehicle. The answer needs to be ‘no.’ This is because arrest charges could come about as a result of that search. The long and short of this is, don’t give permission for them to search you, your possessions or you car,” he said.

“Even though being arrested is a traumatic experience, remember your rights,” Webb said. The police are required to give a Miranda warning about remaining silent. Take that advice to heart and do not say anything and get a criminal defense lawyer immediately.

To learn more, visit http://www.webbdorazio.com.

Spinal cord injuries are often catastrophic, and the victim generally requires care for the length of his or her life. Accident victims who have suffered spinal cord injuries may be entitled to compensation for loss of income, future medical expenses, and pain and suffering.

For many people with serious spinal cord injuries that result in paraplegia or quadriplegia, the future care expenses are likely to be so high that there is no alternative but to seek compensation for them. The high future expenses, significant potential future wage loss, and pain and suffering often lead to very large claims for individuals who have sustained spinal cord injuries. As such, these cases require skilled representation by a personal injury attorney who has experience settling or trying spinal cord injury cases.

When victims are looking for a lawyer to handle their serious spinal cord injury case, they will make a better decision if they are aware of the types of claims a lawyer should be making on their behalf. The following factors should be considered in spinal injury cases:

• Loss of Earning Capacity – Loss of earning capacity is one of the major factors taken into consideration in a spinal cord injury claim. In order to determine earning capacity, a vocational expert will testify about how much of the victim’s expected lifetime earnings will be lost due to injury. Many SCI survivors cannot ever return to work; others do eventually, but they may have to take a lower paying position and their recovery may take a period of years. The vocational expert will show the jury what the victim would have expected to have earned over his or her lifetime had injury not occurred.

• Future Care Costs – Most people who suffer spinal cord injuries need various degrees of care throughout their lives. This care may range from a part-time housekeeper to a full-time attendant, as well as various medical services. A life care planner will assess the victim’s possible future needs and testify about them to a jury.

• Pain and Suffering – Pain and suffering is by far the most difficult element to assess in a spinal cord injury case, as it is less easy to pin down than lost wages or medical expenses. Being compensated for pain and suffering is an attempt to compensate a victim for the time that he or she is in pain after an accident. It deals with how one’s life was affected by the accident and one’s ability to carry out the activities of daily living.

Although these are not exhaustive categories, these are the major items that a spinal cord injury victim should discuss with a personal injury lawyer when advancing a claim or deciding whether or not to accept a settlement.

To learn more, visit http://www.webbdorazio.com.