Important Elements of a Wrongful Death Case

Important Elements of a Wrongful Death Case

Charlotte, NC Wrongful Death Lawyer

Wrongful death law is applicable in tort cases where the defendant’s conduct has contributed to the death of the victim. The law compensates the surviving family members and dependents who bear economic and non-economic losses resulting from the death. These include medical expenses, funeral costs, loss of financial support, loss of companionship, pain and suffering.

Most often, negligence is alleged in wrongful death claims. The defendant’s careless conduct may be the major contributing factor for the automobile accident or medical malpractice. Intentional conduct on the part of the defendant could be the cause of wrongful death. A wrongful death lawsuit may also arise from a liability case involving a defective product.

What you must prove in a wrongful death case

As the plaintiff, you are required to prove the different elements of a wrongful death claim to be awarded damages. You must basically show that the defendant’s negligent actions caused the victim’s death.

Duty of care: You must prove before the court that the defendant owed a duty of care to the victim. In a car accident case, for instance, you must prove that the defendant had an obligation to follow the applicable road rules and drive with care and responsibility.

Breach of duty of care: This element involves proving that the defendant breached the duty of care owed to the victim. For a car accident case, it is critical to demonstrate that the defendant did not adhere to the traffic laws of the state.

Causation: It is not enough to prove that the defendant breached a duty or defied a law. You must also show that the defendant’s actions were directly responsible for the wrongful death. If a brake problem in the victim’s car caused his/her death, then the defendant’s breach of law by jumping a red light will not be deemed a direct cause of death.

Burden of proof: The burden of proof in a personal injury lawsuit falls on the claimant. However, being a civil case, it is enough to show that it is ‘more likely than not’ that the defendant was responsible for the victim’s death. The quality of evidence presented before the court will determine the outcome of the case and decide the damages. It is best to engage the services of an experienced wrongful death attorney to present strong evidence and poise yourself for a favorable verdict.

Contact the Wrongful Death Law Firm of Bice Law

If you believe your loved one has been the victim of a wrongful death, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a wrongful death attorneyResults are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Back to School: Pedestrian Safety Tips for Kids

Rock Hill SC Pedestrian Accident Lawyer

As our children begin heading back to school we see many walking to school or to the bus stop. It is very important for pedestrians to be aware of safety precautions to take, especially for children who can be small and difficult to see.

Facts:

  • In the next 24 hours, on average, more than 460 people will be treated in an emergency department for traffic-related pedestrian injuries.
  • In the next 2 hours, on average, one pedestrian will die from injuries in a traffic crash.
  • Over 4,200 pedestrians were killed in traffic deaths in 2010, and another 70,000 were injured.
  • Unintentional pedestrian injuries are the fifth leading cause of injury-related death in the United States for children ages 5 to 19.
  • Teens have a death rate twice that of younger children and account for half of all child pedestrian deaths.

Safety Tips:

  • Talk to your kids about how to be safe while walking. It’s always best to walk on sidewalks or paths and cross at street corners, using traffic signals and crosswalks.
  • Teach kids at an early age to put down their devices and then look left, right and left again when crossing the street.
  • Children under 10 should cross the street with an adult. Every child is different, but developmentally, it can be hard for kids to judge speed and distance of  cars until age 10.
  • Remind kids to make eye contact with drivers before crossing the street and to watch out for cars that are turning or backing up.
  • When driving,be especially alert in residential neighborhoods and school zones and be on the lookout for bikers, walkers or runners who may be distracted or may step into the street unexpectedly.

Contact the Pedstrian Accident Lawyer

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have been hurt in a pedestrianaccident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 5-BICE-LAW today or submit an online request  to get a free consultation with a  pedestrian accident lawyerWe serve families across both North and South Carolina.

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What Expectant Parents Must Know About Birth Injuries

Rock Hill SC Birth Injury Lawyer

Three percent of all children born in the United States have birth defects. Those who have suffered minor injuries recover completely after some time but others are incapacitated for life. Birth injuries can result from negligent and avoidable errors on the part of doctors, nurses or hospital staff. Parents can claim compensation when the injury is suspected to have occurred due to medical malpractice.

 What are the common birth injuries?

  • Cerebral Palsy
  • Erb’s Palsy
  • Brachial plexus injury
  • Injury and disfigurement from forceps
  • Vacuum extraction injury
  • Klumpke’s Palsy

 The common causes of birth injuries include:

  • Failure to diagnose and treat seizures following delivery
  • Oxygen deprivation resulting from a lack of intervention when the fetus remains for too long in the birth canal
  • Failure to monitor and attend to changes in the mother’s condition
  • Improper use of forceps or excessive use of vacuum extraction.

 What does the compensation cover?

 A birth injury lawsuit can provide compensation for economic and non-economic damages. The former includes medical bills, long-term and rehabilitation costs, special education costs, loss of future wages and necessary home modifications. The latter includes pain, suffering and emotional distress.

 What is the statute of limitations on birth injury lawsuits in South Carolina?

 The state law implements a three year statute of limitations for birth injury against medical providers. The statute is applicable from the date the injury was discovered or should have been discovered. You cannot bring a claim more than six years following the negligent act even if the injury is discovered after this time.

 If the party at fault is a state hospital, you have one year to file a claim that extends the statute of limitations against the party in question to three years. If you don’t file a claim against the party, the statute of limitations drops to two years. You have two years to file an administrative claim against a federal government institution; the entity must accept or deny your claim within six months and you have six months from the date of denial to file a birth injury lawsuit.

 Who will receive compensation after a successful lawsuit?

 The damages are generally awarded to the child. As a parent, you may be entitled to compensation for the emotional distress caused by the injury. In the unfortunate event that the baby has lost his/her life, you can file a wrongful death lawsuit and receive compensation for pain, suffering and loss of companionship.

 Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.

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Your Rights & Responsibilities During a Medical Exam

Charlotte, NC Personal Injury Lawyer

Your Charlotte personal injury attorney might warn you about something the insurance company might request from you: an independent medical examination. While this might raise certain questions in your mind, try to think about how this can help your case and establish that your claim is legitimate. Read on for more information about the defense medical exam.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 5-BICE-LAW today or submit an online request  to get a free consultation with a  personal injury attorneyWe serve families across both North Carolina and South Carolina.

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Evaluating Your Claim

Charlotte, NC Personal Injury Lawyer

An insurance adjuster looks at many factors when they are evaluating your accident or personal injury claim. During their evaluation they will decide on an amount to offer to work out a settlement.

Adjusters compare the auto accident and the medical records

The first thing that an adjuster will probably look at is your medical records. He or she will examine it to see if a medical opinion supports the assertion that the auto accident caused the type of injury you are claiming. The adjuster will also evaluate the medical records for evidence of a prior injury or pre-existing condition.  If there is any notation in the records about intoxication, this will also affect your claim.

If there is any information in the medical records that does not match with what you say about your injury or how it occurred, this will play a role in the evaluation. For example, if your claim states that you were injured as the result of an auto accident, but the medical record doesn’t say anything about this, your attorney might have a difficult time explaining why such an important piece of information was omitted from the record.

Do your bills match your injury?

Insurance adjusters generally want to see  a balance between your injury  and the amount of treatment provided. If the medical bills seem exorbitant for your injuries, this raises suspicion with the adjuster. Most adjusters have a sense about what sort of medical bills are associated with different types of injuries and will be on the lookout for “build-up” which is a term used by adjusters to describe when bills are inflated in an attempt to raise the settlement value of a claim.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 5-BICE-LAW today or submit an online request  to get a free consultation with a  personal injury attorneyWe serve families across both North Carolina and South Carolina.

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Seven Factors Affecting Dog Bite Case Value

Fort Mill SC Dog Bite Lawyer

Not every dog bite case is worth the same. Depending upon the specifics of your case, you may be able to collect a significant amount of money. Talk to a personal injury attorney in Fort Mill and find out how much you stand to collect for your dog bite injuries.

Contact the Dog Bite Law Firm of Bice Law

As you can see, there are several factors that need to be investigated in a dog bite case. An investigation is needed to uncover the dog’s past behavior, to identify if any insurance is available to satisfy a claim, and to understand who was accountable. If you have a question about whether you have a potential dog bite injury claim, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a dog bite attorney.

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