Atkinson Law Firm, LTD: 2010

Friday, July 9, 2010

The Wrongful Death Puzzle

Death is never easy for anyone. It is harder if the death was wrongfully caused by another.

Not everyone understands what the term wrongful death means or what they can do about it if something happens to a loved one. The best definition of a wrongful death is that it is a fatality that took place because of someone else’s negligent or wrongful actions.

Another point to remember as well, is that a wrongful death claim is a civil action filed against the negligent person(s) responsible for the casualty in question. In most instances, a wrongful death claim is filed by close family members on behalf of the deceased person, and it states that the accused or defendant was negligent or committed a wrongdoing that killed someone. Surviving family members are called beneficiaries and they are entitled to compensation for the death.

While this may sound fairly straightforward, at one time, there was no legal recourse for bereaved family members. Over a period of time, the various states began to realize that the survivors in a wrongful death case needed to be protected. Now, every state has a wrongful death statute. They aren’t all the same, so it’s best to check what may be applicable in your state. For instance, if you live in New Mexico, you’d want to ask a New Mexico wrongful death lawyer what the applicable statute says in that state.

Because a wrongful death case is tried in a civil court, and not in criminal court, the burden of proof is different; a preponderance of the evidence, not beyond a shadow of a doubt. What difference does that make? The difference means that it’s a lot easier for a family to pursue justice for a wrongful death under that burden of proof than it would be to criminally prosecute them.

This is not to say that a defendant can’t be prosecuted criminally and have a civil lawsuit filed against them as well. For example, if the defendant was being tried criminally for murder, they may still also be sued civilly for wrongful death. Think O.J. Simpson.

Generally speaking there are several categories where a wrongful death lawsuit may be filed by a New Mexico wrongful death lawyer: toxic exposure, products liability, defective drugs or medical malpractice. Unfortunately, death by medical malpractice is far more common that we would care to even think about. Would you believe over two hundred thousand people die each year because of medical errors?

If you have lost a loved one as the result of someone else’s negligence, you will need sound advice from a New Mexico wrongful death lawyer.

Scott Atkinson was admitted to practice in New Mexico in 1989 and is a New Mexico personal injury lawyer and New Mexico wrongful death lawyer with the Atkinson Law Firm, LTD. Learn more at Attorneynewmexico.com or call 1.505.944.1050.

Thursday, July 1, 2010

Be Proactive - Get Uninsured and Underinsured Motorist Coverage.

One car accident changes your life. If the driver wasn’t insured, you may pay for part of all of your medical expenses.

There is no truer saying than, “Your life can change in the blink of an eye.” That is all it takes to perhaps sustain traumatic injuries in a car accident that may mean a lifetime of therapy and medical bills, unemployment or having to choose a different occupation. If the person who caused the car accident doesn’t have enough insurance to cover all your medical expenses or doesn’t have insurance at all, chances are you will be picking up the bills.

That thought should scare you, and for good reasons. If you happen to acquire traumatic brain injury, spinal cord problems or neck and back injuries, your medical bills may be astronomical. Even if you do have health insurance, you stand the chance of being wiped out quickly. If you have been in an auto accident with an uninsured or underinsured motorist, make it a point to talk to a New Mexico personal injury lawyer.

Many Americans make the choice to drive without insurance because they can’t afford it. The fact is that they really can’t afford not to have it, not if they are badly injured. The statistics dealing with uninsured drivers in many states are shocking: just about 15% to 20% of drivers in any state are on the road without insurance. This of course increases your chances of being hit by an uninsured driver. With the risk of severe personal injury being that high, don’t ignore the possible outcome. Be proactive and have the right kind of insurance to protect yourself.

The hard, cold facts are that if you get into a collision with an underinsured or uninsured driver and you don’t have your own insurance (or enough insurance) for medical expenses, you may need to consider filing for bankruptcy. That is the brutal reality of today – that medical bills are the reason for close to 50% of all the bankruptcies in the US.

Here is something else that will make you think that a good New Mexico personal injury lawyer will tell you if you have been badly hurt and need compensation for your injuries. A study done by Harvard University points out that most of the people filing for medical bankruptcy used to be middle class working people with health insurance. They handled their situation or accident in the beginning of their medical crisis, but lost coverage just before filing for bankruptcy. There is something seriously wrong with that picture.

If you don’t want to find yourself in the medical crisis, medical bankruptcy situation, make sure you get enough car insurance to protect yourself and your family. In other words, get sufficient uninsured and underinsured motorist coverage, because it’s “your” life that may be turned upside down. As an added bonus, uninsured and underinsured motorist coverage generally also covers a hit-and-run accident and the other driver is never identified.

Wednesday, June 9, 2010

When the Shock and Burn Are Significant

Unfortunately, there is an average of close to 1,000 people electrocuted every year in the US.

It’s not a nice way to die and no one would ever want to experience being electrocuted, and yet there are at least 1,000 deaths due to electric shock every year; most of them from an accident on the job. When it comes to the electrical trades, manufacturing and construction, the risk of dying due to electrocution or experiencing severe injuries is incredibly high.

The severity of the injury after electrocution tends to depend on a number of factors: the current and amount of the electricity, the route it took through a body and how long the current was flowing. For instance, high voltage shocks are usually more severe than low-voltage ones. Whatever the cause of the accident, or the course of the power surging through the body, the usual outcome is burns— at the point of contact with the source.

In most cases the initial point of contact with an electrical source is the feet, hands or head, which will mean the burns will be severe at the point of entry. On its way through the body, the current may also do some severe damage to body organs. Flame burns tend to ignite clothes and flash burns may occur to large areas of exposed skin. This usually happens when electrical arcing occurs.

Most burn victims find themselves taking a quick trip to the hospital and being taken to the burn unit. This is no time to try and second guess what is happening, as time is of the essence in cases like this. Burns that are severe and extensive will need treatment for a long time to come, not to mention rehabilitation. In many cases, burn victims are significantly disabled.

These and other reasons are why you definitely need to speak to a personal injury lawyer in order to secure compensation for your injuries. There is no way you would be able to survive financially with a long-term debilitating condition. The medical care alone would bankrupt you.

Something else to remember about electrical shock burns is that many of the victims are often thrown a fair distance due to the sheer force of the shock. This causes secondary injuries which may result in traumatic brain injury, fractures or spinal cord injuries. Neurological defects may also be a side effect that will last a lifetime; a defect either from the shock or from being thrown and hitting the head.

For those that survive an electrocution, they have a very long and hard road ahead of them. For those that don’t due to cardiac arrhythmia, the family may want to consider filing a wrongful death lawsuit. If you have been electrocuted or a member of your family is in this situation, talk to a personal injury lawyer. Give him the complete details of the case and let him assess the economic damages that may be recovered in such cases. You will need money to pay the medical bills, the therapy, the surgeries and damages to compensate for pain and suffering.

Finding out what your rights are is one of the most important things you can do, not only for yourself, but your family as well. If the electrocution happened due to faulty equipment, unsafe working conditions or third-party negligence, you are entitled to compensation.

Saturday, June 5, 2010

Child Injuries and the Courts

When a child is injured, the court appoints a friend or Guardian Ad Litem to speak for them. This insures justice is done for the child.

Injuries are fairly common when it comes to children. It’s just that the really severe injuries, the kind that mean a child’s life has been turned upside down, or has altered their future, need someone to speak on behalf of the child. The older a child gets, the higher the risk of accidental injury simply because they are more mobile and therefore exposed to more dangers: car crashes, motorcycle injuries, school accidents, defective toys or playground equipment, or poorly supervised and protected building sites or buildings.

The numbers of ways harm can come to your child is actually quite sobering. No one ever said that being a parent is an easy job. It comes with a built-in worry that something “bad” will happen to your child when you aren’t there to help. Or, that something bad happens when you are there, but there was nothing you could do to stop the hurt – such as a car accident.

Many people don’t realize that they have the right to file a personal injury claim as the result of injuries suffered by their kids. Once that has been done, a Guardian Ad Litem is selected by the court to investigate the case and make recommendations to the court. The lawyer basically acts in the best interests of the child and makes sure they get justice that they could not get for themselves.

In cases dealing with children, the courts consider the child as not being able to understand things the same way an adult does. They don’t realize the impact or danger of various situations. So, they are accorded the respect due to them as children and are allowed to remain kids while someone sticks up for their rights. Of note is the fact that personal injury cases that involve kids do have a time limit of three years, but the limitation period runs after the child has reached 18 years of age.

Another thing to be aware of is that the court must approve any compensation claims made in cases where children are the plaintiffs. What happens in instances like this is that the approval is given after all the evidence is closely examined. That would include medical documents and files, advice from lawyers and details relating to their financial loss. They will also meet the child before anything is finally approved.

The money is not usually given to the child. The net proceeds are often invested in a structured settlement, which will make guaranteed, tax-free payments to the recipient during early adulthood. Be sure your lawyer has many years of experience as plaintiff’s counsel and as Guardian Ad Litem in establishing structures for minors and incapacitated adults. There are some exceptions to this general rule of thumb in that if the court is convinced the child is in immediate financial need and the money will “only” benefit the child, it may be released.

Atkinson Law Firm, LTD