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Common Causes of Wrongful Death

A wrongful death, in legal terms, occurs when a person dies due to the malicious or negligent actions of another. Here are the most common types of wrongful death claims.

Medical Malpractice 

Healthcare professionals always need to provide quality care but sometimes nurses, doctors, medical facilities, and pharmacists make mistakes. From surgical errors to birth injuries, medical malpractice occurs when a patient dies or has injuries due to healthcare professionals breaching their duty to their patient.

Product Liability

When a defective product causes the death of a person, the manufacturer, distributor, or retailer should be held liable and accountable. Every product that is sold in stores should be safe for all users.

Criminal Activity

Criminals who cause a death when they commit a crime can have a civil lawsuit brought against them as well as having criminal charges. The state brings criminal charges as punishment for the crime. The family can bring a civil lawsuit separately and independently of what the state does.

Automobile Accidents

Many wrongful death claims occur due to vehicle accidents. Commercial trucks can cause serious injuries on the road. Motorcyclists and pedestrians are often fatally injured after an accident with a car. Family members can seek compensation for wrongful deaths after an accident on the road.

Workplace Accidents

Many wrongful deaths occur at worksites, such construction or mining operations. Sometimes, these cases are handled through workers’ compensation claims, while others are handled through a wrongful death claim. It depends on the laws in your state and circumstances of your case. Talking to a lawyer can help you know that you’re getting the best information for your case and to take the right steps to get compensation.

Four Elements of Wrongful Death

Not every accidental death rises to the legal level of wrongful death. To have a wrongful death claim, the representatives of the estate must show these four elements:

Negligence - the plaintiff (the party bringing the lawsuit) must show that the death of the loved one was caused by reckless or careless actions of the defending party.

Breach of duty - the plaintiff must show that the defendant owed a duty to the deceased.

Causation - the plaintiff must show that the defendant’s actions caused the death.

Damages - the plaintiff must show quantifiable damages such as loss of earning, medical expenses, funeral costs, and more.

A wrongful death case is complex. Talk to a wrongful death lawyer, like a wrongful death lawyer in Houston, TX, about your case to take the best steps to protect your rights and get the compensation you deserve.

Thanks to John K. Zaid & Associates for their insight into some of the most common causes of wrongful death. 

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Punitive Damages in Wrongful Death Car Accidents

Car accidents can be devastating. When you lose a loved one from a car accident and the car accident is caused by another person, you may want to seek justice. Not only do you deserve damages for the expenses and wages lost, but what about punitive damages? Can you seek punitive damages for a car accident case that resulted in death?

Negligence and Punitive Damages

In regards to an accident that was the result of general negligence, odds are you cannot receive punitive damages. Say that the driver acted carelessly, but no more beyond what a normal person may act, then you may not be able to ask for punitive damages. For instance, someone who was distracted and missed a sudden stop from another person or misjudged a corner and lost control, then he or she may not have to pay punitive damages. He or she may still be at fault and you can still sue for wrongful death. You cannot, however, sue for punitive damages.

Gross Negligence and Wanton Behavior

There are circumstances where you can sue for punitive damages when it comes to car accidents. Of course, this will be different from state to state, but there are some easy rules to remember for most states. The actions have to be beyond reasonable. This means that the person knew that their behavior was inherently dangerous and that they may hurt someone.

For instance, drivers who engage in road rage may cause a wreck with gross negligence. If a driver slams on his or her brakes because they believe the other driver is too close and the other driver dies as a result of the sudden crash, the driver knew that a crash was a possibility and this could lead to punitive damages. Games of chicken on the road can also lead to punitive damages.

In addition, if a person’s vehicle had braking problems or any other auto issues and he or she knew about it and drove anyway, this could be cause for gross negligence. If he or she knew that the vehicle could fail and hence result in a devastating crash, then he or she is driving without care for others on the road. Drunk drivers may also be charged with gross negligence if their drunkenness led to the death of another person.

Did you lose a loved one after a car accident? Forget fighting the case alone, if you believe that you deserve compensation or punitive damages, contact a wrongful death lawyer, like a personal injury lawyer in Deer Park TX, today and schedule a consultation!

Thank you to the experts at John K. Zaid & Associates for their input into personal injury law.

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Understanding the Guidelines for Filing a Wrongful Death Claim

Not everyone understands the process or requirements for filing a wrongful death claim. For example, while a family might want to see someone punished for the death of their loved one, not every accident rises to the level of wrongful death. Also, while a close friend might feel strongly about filing a civil action, their connection might not meet the legal requirements for filing a claim. Therefore, what is necessary to know and understand about a wrongful death claim before you file for such an action?

The Application for a Wrongful Death Claim

Not every death is a wrongful death in legal terms. There are three basic rules for what determines if death is a wrongful act.

Direct intent: If a victim is intentionally harmed, resulting in their death, or purposefully murdered, then that constitutes a wrongful death. While a criminal action might also apply in this scenario, a family is allowed to sue alongside a criminal case.

Accidents involving negligence: If your loved died as the result of another's negligence, then you can also file a suit. For example, if another person caused a car accident due to negligence, resulting in the death of your loved one, then a wrongful death action can be filed.

Medical malpractice: While not the easiest cases to prove, if a doctor failed to provide adequate care, then a family can sue. For example, if they fail to diagnose a condition or the level of care provided is not equal to the care provided to other patients, then a wrongful death claim is possible.

Burden of Proof

Every civil action requires proof of responsibility. Therefore, when attempting to prove that the defendant's negligence or intent led to the death of a loved one, you must prove three things: 

Duty of care 

Breach of duty  

Breach led to death

Therefore, when discussing a car accident, all drivers have a responsibility to obey traffic laws and remain alert and focused on the road. However, if a driver fails to obey traffic laws or takes their eyes off the road to text, then they are in breach of their duty. Furthermore, if that decision leads to an accident that causes a death, then they can be held responsible.

Filing

The filing of a wrongful death claim is typically brought by the family or close relatives of the deceased. Therefore, if the deceased was married, then their spouse could file. If they were single, then their parents could file. If they were a single parent, then their children can file.

If you are thinking of filing a wrongful death action, but you are confused about how to move forward, then contact a wrongful death attorney, like a wrongful death lawyer in Houston, TX. They will help you through the legal process.

Thanks to John K. Zaid & Associates for their insight into 

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Surgical Complications: 4 Circumstances That May Allow You To Sue Your Doctor

Any surgery carries a number of risks, whether it is required for continued quality of life or a voluntary procedure. Before surgery, your doctor will likely inform you of the dangers involved and have you sign a consent form that outlines them. However, if you encounter unexpected complications afterward, you may wonder if you have the right to sue your physician. Before you move forward and hire an attorney, there are a few circumstances to consider that could affect your case.

1. The State of an Informed Consent Form 

Before surgery, your physician will likely sit down with you and walk you through a consent form that describes the possible complications as a result of the procedure. For example, if you are pregnant and your obstetrician tells you that a natural birth is not possible and you require a C-section, he or she might discuss such dangers as post-op infection, blood clots, risks to the infant and problems with future pregnancies. The more risks that are listed, the less likely you will be able to sue afterward if one or more of these complications arise.

2. Unlisted Complication 

You may be able to sue your physician if you are suffering from a complication that is not listed on the consent form. Some complications are rare; however, if they are known possibilities, they should be mentioned. You may need to ask your attorney about the laws regarding rare side effects of your particular surgery and whether your doctor failed to protect you or acted within his or her rights during the consent stage of your procedure.

3. Who Signed the Consent Form

If you underwent emergency surgery, such as an appendectomy, someone else may have signed your consent form, such as your spouse. In cases like this, the consent procedure might be somewhat rushed, and the person signing the form may not be made fully aware of possible complications. Such issues may be discussed with you after the fact, but if you are already suffering from issues such as blood clots or uncontrolled bleeding, you or your spouse may be able to sue.

4. An Incomplete Consent Form 

Your consent form can be an important circumstance when it comes to your right to sue for medical malpractice. If it is poorly written or incomplete, this may strengthen your case. It is important that you obtain a copy of the form so you can submit it to your attorney for further perusal.

Not all surgeries end with complications, but they are a distinct possibility with any procedure. If you believe you have the ability to sue your doctor for malpractice under these circumstances, contact a medical malpractice lawyer in Deer Park, TX for further information and assistance.

Thanks to John K. Zaid & Associates for their insight into medical malpractice and surgical complications.

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5 Things You Should Not Say to a Claims Adjuster

If you are in an accident, one of the first things you should do is contact your insurance provider. Once everything is settled, you will likely be visited by a claims adjuster. This can be an intimidating process, as an individual evaluates how much all your damages are worth. Here are five things you should never say to an insurance claims adjuster.

Any Sort of Lie – Lying to a claims adjuster to inflate the value of a claim is insurance fraud. This is a crime and you can face serious consequences, even for small lies. Everything you claim will be investigated thoroughly, so never tell any sort of lie.

Anything Rude – This should go without saying, but a lot of people succumb to the stress of being involved in an accident. You want your claims adjuster to be on your side, so you should not give them anything that may turn their perception of you to a negative one.

Vague Statements – Everything you say about the circumstances of your accident should be rock solid. Nothing can be determined by vague statements, although it does make it seem like you do not know what you are talking about. They give the impression that you did not reliably witness the accident. For instance, saying the other car "came out of nowhere" implies that you do not know which direction the car came from.

Speculation – Do not speculate on the circumstances of the accident. This has the same effect as vague statements. If you say that the other car "probably was speeding" then that means there is a chance the car was not speeding. If you do not know how fast the other car was going, then you should not comment on its speed at all.

Admission of guilt – This is more important in some states than others. In contributory negligence states, then being even a little at-fault may result in receiving no compensation at all. You should not lie, but avoid stating anything that makes it seem as if the accident is your fault. Even if you think you are at-fault, the reality may be less one-sided. Some statements may put you at-fault without you realizing it, such as saying you did not see the car coming. It's best to err on the safe side.

If you are worried about interacting with a claims adjuster, you can have an attorney with you to provide guidance on what to say. Or, by speaking with an auto accident lawyer in Deer Park, TX, you can learn what to say in advance.

Thanks to John K. Zaid & Associates for their insight into personal injury claims and what not to say to a claims adjuster after a car accident.

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Variables That Determine Settlement Amounts After an Accident

You may assume that insurance companies have one all-purpose formula that they use to calculate the amount of their settlement offers after a car accident. However, this is not the case. A generic formula would not be of much benefit because there are so many variables that go into determining a settlement amount for bodily injury due to an auto collision.

You may think that your pain and suffering, lost wages, and medical bills are considerations in determining a settlement amount. You are correct; all of these factors are taken under consideration when determining the value of your personal injury claim. However, there are many other variables that also come into play.

Venue

The "venue" refers to the location of the court that will hear your case if you file a lawsuit and it goes to trial. If juries in a particular venue tend to award plaintiffs large amounts for bodily injuries, the insurance adjuster may wish to prevent you from filing a lawsuit by offering a larger settlement amount.

Multiple Accident Victims

If there is more than one victim injured in an automobile accident, it may reduce your settlement amount. Insurance companies often have policy limits that restrict the amount they will pay to compensate victims of a single accident.

Evidence

The more evidence you can collect to support your claim, the larger your settlement amount is likely to be. You can use evidence like statements from witnesses, police reports, medical bills and records, videos, and/or photographs. The goal is to demonstrate the severity of your injuries and the fault of the other party.

Shared Liability

If you were partially to blame for the accident, it can have a negative effect on your settlement amount for bodily injury. Just how great the negative effect can be depends upon your jurisdiction. Some states have stricter laws in this regard than others. Your damages may be reduced by the percentage of the blame that you bear for the accident, or the claim may be denied altogether.

General Versus Special Damages

General damages are factors like pain and suffering that do not have a specific monetary value. Special damages are expenses like lost wages and medical bills that can be objectively measured. Insurance companies may calculate general damages by assigning a multiplier to your case and taking it times your special damages. The more special damages you've incurred, the higher your multiplier is likely to be and the higher settlement amount you may receive.

One thing you can count on is that the first settlement offer you will receive will likely be lower than you deserve. A car accident lawyer in Houston, TX may be able to give you a more accurate picture of what your claim is worth. Contact a law office for more information.

Thanks to John K. Zaid & Associates for their insight into personal injury claims and variables that determine settlement amounts after a car accident.

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When to Contact an Attorney for a Medical Malpractice Case

Medical malpractice cases are filed by a patient who has been injured or experienced unnecessary damages of some sort due to negligence or an extreme mistake on the part of a doctor or other healthcare professional. Doctors and most individuals in the medical field care deeply about their patients and use their best judgment to help them heal. Sometimes, however, mistakes happen and something catastrophic can cause a lot of pain, suffering, and even large financial losses.

If you know that your case is very severe, especially in the case of death of a loved one, it is best to speak with an attorney as soon as possible. They will have a good idea right away of whether your case has any merit to move forward with, and they will be able to help you complete each step efficiently and well within state deadlines.

Determine What Happened

If you’re unsure of the severity of your claim, then before calling a lawyer, it’s important to give the professional in question a chance to explain what happened. Tell them what your current situation is if they are unaware, and see if they’re willing to explain their line of reasoning and if they have any solutions or are able to do some work for free to make up for their mistake.

Contact the Licensing Board

Your state or specific medical licensing board is able to issue warnings and discipline your doctor. More importantly, they have the power to take licenses away. If when you spoke with your doctor, they were unwilling to help your situation, you can file a complaint against them with the licensing board.

Complete a Certificate of Merit

Many states are now requiring completion of a certificate of merit before continuing with your medical malpractice case. To do this, you must speak with another health care professional, such as a doctor who is not affiliated in any way with your doctor. They can examine your health records and decide/certify whether you were indeed hurt due to medical malpractice.

Be Aware of State Deadlines

Each state has a statute of limitations for filing a medical malpractice case, so be aware of what the deadline is in your state, so you don’t miss your chance to be compensated. Your lawyer will be well aware of these timelines.

If you make it this far into your proceedings with your case and have not yet spoken with a personal injury lawyer in Deer Park, TX, this is a good time to contact someone. They can help you file the certificate and will know how to proceed from here. Protect your rights and increase your chances of being compensated for your losses.

Thanks to John K. Zaid & Associates for their insight into medical malpractice and when to contact an attorney.

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What to Expect in Upcoming Medical Malpractice Tort Reform

Medical malpractice law frequently changes, and it varies widely by state. State legislatures are lobbied by medical associations and insurance providers to limit medical malpractice payouts. How can this affect your rights in the future?

It's All About Containing Costs

Insurance companies are motivated by one thing - limiting claims. The arguments they (along with medical providers) typically provide legislators revolve around limiting medical costs.

It's certainly reasonable on the face of it to say that medical costs should be contained. Of course, the best way to limit malpractice claims would be to avoid malpractice incidents.

Isn't "Defensive Medicine" Often Best for the Patient?

From the perspective of healthcare systems arguing for lower costs, tests which are ordered to provide greater assurance for physicians and patients are "defensive medicine," and something to be avoided. But as a patient, you're better served by a test that may prove to be unnecessary than a missed diagnosis.

Caps On Awards Are Limited in Scope

It may sound reasonable to cap awards to limit health care costs. However, courts have consistently found that awards for actual damages cannot be capped; the only caps that have seriously been considered are in the arena of "non-economic" damages, i.e. pain and suffering, wrongful death, and other forms of punitive damages. These type of damages are traditionally difficult to win in any case.

This means that the types of damages that are sometimes capped in tort reform measures are not the major driving force in malpractice costs. But they are a driving force in providing a disincentive for physician misconduct, and as such are important in limiting the amount of malpractice that goes on in our medical system.

Contingency Fees Under Attack

Traditionally, medical malpractice lawyers are compensated by contingency fee arrangements. This has come under criticism by defenders of the medical system because the injured party's awards are diminished by these fees. While it would be ideal to not have any fees to contend with, the fact is that when insurance companies fight fair settlements, significant expenses mount up. Expert witnesses, hours of litigation and negotiation by skilled professionals, and many more hours of research all cost money. Not all cases are won, for that matter. The contingency arrangement has allowed many plaintiffs to proceed with their cases despite not having the financial resources to fight on their own.

Given the uncertainty of medical malpractice law, you should move forward with a consultation with a medical malpractice lawyer in Deer Park, TX if you believe you've experienced medical malpractice. Don't let future legislative action deprive you of your rights.

Thanks to John K. Zaid & Associates for their insight into medical malpractice and tort reform.

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Unpaid Medical Expenses and Your Credit Score

Medical bills can soar into the thousands in our current economy. Of course, insurance and other programs are there to offset the imbalance, but they may not cover everything. This leaves the majority of people with a large medical debt. Sometimes, these cannot be paid off in a timely way or at all. So, what happens to your credit score when it comes to medical debt in particular?

Your Medical History

You may feel safe knowing that the credit companies will most likely not know your medical history. If you have unpaid debt, your account can be sold to a collection agency. This will happen after six months have passed.

However, the agencies that receive your account will not reveal the names of your doctors or the medical office on the credit reports. Regardless of your hospital visit’s nature (personal injury or otherwise), the debt will then become another mark on your credit report. This can be managed a few different ways.

Your Credit Report

Medical delinquencies can stay with you for 7 years. Of course, the effect will decrease over time as it lessens the impact on your score, and eventually falls off entirely. Like other debts purchased by a collection agency, it may hurt your credit score.  Remember, payment history is a heavy factor in determining the final number, and the missed payments for medical debt count just as much. However, unlike most other debts, Experian may not show medical collections until after 180 days have passed. This is considered a “grace period,” in which you can take advantage and settle any outstanding financial matters with your medical institution. This grace period is a new addition to the credit system, added in 2015.

Dispute or No

One step you may take after seeing a medical collection on your report is to verify its status. This includes:

Checking all the information on the debt

Verifying the debt is actually under your ownership

Weighing the positives for paying it

When it comes to medical debt, the collection agencies treat it a little differently from other types. You can feel safe that the nature of your medical history will not be revealed, but the rules for your credit score are mostly the same. Take the time to review the medical case by verifying all the information. If it seems in your best interest to pay it off sooner than other debts, do so. Remember, it is better for your score to settle these older accounts. A healthy score can only make your life easier

If you’ve been injured and can’t afford your medical bills, a medical malpractice lawyer in Deer Park, TX can help. Call a law firm today.

Contact John K. Zaid & Associates for their insight into personal injuries and medical expenses.

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How to Choose a Birth Injury Attorney

You’ve done everything right. You followed your doctor’s advice to the letter and received correct and timely prenatal care. So, you are understandably shocked if your baby has sustained a birth injury. It’s a devastating blow. You may be left wondering what your next step should be.

If you suspect that your child’s birth injury was due to medical malpractice, it may be wise to hire a birth injury lawyer. A qualified attorney can seek the financial compensation necessary to pay for and support raising a child with a chronic health condition or disability. Furthermore, they can hold negligent doctors and medical institutions accountable and hopefully prevent the same from happening to other babies.

Types of birth injuries

Unfortunately, birth injuries occur more often than you might think. Some of the most common birth injuries include:

Infection or sepsis after birth.

Compression or prolapse of the umbilical cord caused a lack of oxygen to the baby’s brain.

Failure to monitor infant and mother properly.

Physical trauma from the use of medical devices such as forceps and vacuum extractors.

Uterine rupture.

Separation of the placenta.

Failure to perform a cesarean section or provide another necessary intervention in a timely way.

These incidents can lead to issues such as Erb’s palsy, cerebral palsy, and shoulder dystocia. They can also cause babies to have developmental delays and permanent physical and mental problems.

Choosing a birth injury attorney

Having a knowledgeable attorney who understands the medical, legal, and financial issues associated with birth injuries can make a substantial impact on any parent’s peace of mind. It is essential to form a relationship with the right lawyer. You need a birth injury attorney who is highly experienced in this specific type of law and genuinely cares about helping you and your family.

Birth injury attorneys often practice this type of law exclusively. There are some important considerations to keep in mind when you’re searching for the right birth injury lawyer. Make sure you find an attorney that listens to you and makes you feel comfortable. It will be their job to answer any questions you have and keep you informed throughout the litigation process. You’ll want to find one who is qualified, experienced, knowledgeable, patient, and is readily accessible to communicate with you.

Birth injuries affect the whole family

Caring for a developmentally delayed or disabled child is costly and time-consuming. A birth injury attorney may help to obtain the award of damages necessary to give your child the best possible care after a serious birth injury. You may have to pursue both birth injury and medical malpractice claims, depending on the degree of harm, injury, and pain and suffering experienced by the whole family—including mother, father, and baby.

Don’t delay in getting started. Schedule your consultation with a birth injury lawyer today. You’ll want to ensure all the medical documentation can be collected and accounted for before it gets lost in the shuffle or destroyed. A birth injury lawyer in Houston, TX can cover your bases and take care of the details so that you are free to focus your attention on caring for your baby.

Contact John K. Zaid & Associates for their insight into personal injury claims and birth injuries.

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How to Hold Doctors and Hospitals Accountable for Fatal Birth Mistakes

The total number of yearly births that result in stillborn children is generally low. Yet, there are still many cases. These cases cause extreme emotional upheaval to a grieving family. Although many cases of stillbirth are unavoidable, numerous reasons as to why a child is delivered stillborn exist, some of which are caused by the negligence of doctors or hospitals. Parents of stillborn children will likely want to consider consulting with a birth injury attorney to ensure that financial compensation is awarded if a doctor or hospital is responsible for the stillborn child.

Causes of stillbirth

Some of the most common causes of stillbirth include the following:

Medical malpractice

Genetic complications

Congenital disabilities

Issues with the umbilical cord

Problems with the placenta

Pre-existing maternal health conditions

Unexplained stillbirth

Determining wrongful infant death

Extensive research and investigation should go into the determination of a medical team’s responsibility in a stillbirth, especially when the infant’s death is attributed to an unexplained phenomenon. A doctor may have committed negligence or carelessness that led to the actual cause of the death, yet laws typically require that a successful wrongful death claim proves the infant who died from malpractice was considered “viable.” Viability means that the baby would have been reasonably capable of surviving outside the womb had the negligence not happened. In other words, an infant who would die without medical help is unlikely to be considered “viable” That viability clause can protect a doctor whose actions directly resulted in the death of a child.

Some common wrongful death birth injury scenarios include:

Hypoxia (oxygen deprivation): Hypoxia is the primary cause of cerebral palsy infants and is also one of the leading causes of death during delivery. Hypoxia can occur for numerous reasons. Hypoxia may not be entirely avoidable, but doctors and medical providers need to be keenly aware of any signs that an infant may not be receiving oxygen. If medical professionals fail to recognize the signs of hypoxia in a baby, they could be held liable for negligence.

Restricted blood flow: If a newborn has blood flow difficulties, medical providers should be able to recognize the symptoms of this potentially fatal condition and apply proper treatment. Sadly, staff are not always alert and capable, which can lead to the infant’s death.

Traumatic delivery injuries: These are one of the leading causes of death for newborns, especially when delivery is extraordinarily difficult. Emergency situations may arise in complicated births, and doctors and physicians must respond promptly and appropriately to these emergency situations.

Furthermore, a medical provider’s inexperience and carelessness can result in the death of an infant. Physicians have fatally injured babies in delivery by mishandling or over-forceful use of devices such as forceps or a vacuum extractor. Other traumatic injuries which can result in wrongful infant death are:

Eclampsia

Antepartum hemorrhage

Placental abruption

Placenta previa

Uterine rupture

Spinal cord damage

Untreated newborn jaundice

Kernicterus

Getting justice for wrongful death

To find out more about getting justice for a birth injury, wrongful death, and catastrophic or personal injury to the mother or child during the childbirth process, schedule a consultation with a qualified and credentialed birth injury lawyer in Houston, TX.

Contact John K. Zaid & Associates for their insight into personal injury claims and fatal birth injuries.

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Do I Need to Consult With a Brain Injury Lawyer?

Brain injuries are often among the most severe and devastating injuries that a person can suffer. They may require extended recovery times or lead to permanent disability and death. These injuries can be the result of many types of accidents and situations, and many times are due to the negligence or carelessness or another person, employer, or institution.

If you or a loved one has suffered a brain injury due to wrongdoing or misconduct, you should consult with a brain injury attorney and discuss the circumstances surrounding your injury. A qualified attorney can review and evaluate your situation in the light of personal injury or medical malpractice, and determine who to hold accountable for your harm or damage.

About brain injury cases

The brain is just as delicate as it is essential. Even something that initially seems like a minor injury or “bump on the head” can prove life-altering if certain regions of the brain are damaged. Brain injury cases come from many different events and scenarios, including:

Auto accidents

Motorcycle accidents

Bicycle accidents

Pedestrian accidents

Boating accidents

Recreation or sports mishaps

Slip and fall accidents

Workplace accidents

Medical malpractice

These events that lead to head trauma, brain injury, and brain damage frequently result in physical or mental impairment or disability. The severity of the injury may determine the long-term prognosis—severe brain injuries typically have a greater incidence of permanent disability, including problems with:

Memory

Cognitive abilities

Logical reasoning

Motor skills

Speech

Emotional and behavioral issues

Personality changes

Visual and other sensory issues

Communication difficulties

As sad as it is to consider, these types of cases may even leave the victim in a vegetative state requiring round-the-clock nursing care.

Brain injuries are taken very seriously in the medical community, and a victim will generally need specialized medical care from neurologists, neurosurgeons, occupational therapists, physical therapists, clinical psychologists, and other kinds of rehabilitative strategies and treatments. This can add up to an astronomical medical expense. People who have suffered brain injuries brought on by the negligence of others deserve financial compensation to cover these costs, plus compensation for lost wages, lost earning potential, emotional trauma, pain, and suffering.

Get legal help for brain injuries

Just as you need the right medical experts to get the appropriate care, you will likely want to choose an attorney who is knowledgeable, experienced, and understands the laws surrounding brain injuries. You’ll need to select an attorney who is versatile as well. Whether you’ve sustained brain harm from an unfortunate incident or medical malpractice, a lawyer with a focus in brain injury law can help you navigate the complicated legal system and ensure that the necessary medical experts review your case and speak or provide testimony on your behalf.

Contact Houston brain injury attorneys and schedule a time to discuss your case. Remember that time is of the essence, as some states have a statute of limitations restriction on the amount of time you have to file a lawsuit. Don’t wait until it’s too late to get the needed help for you or your loved one—call today.

Contact John K. Zaid & Associates for their insight into personal injury claims and brain injuries.

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What Is the Value of a Wrongful Death Lawsuit and How Are Damages Calculated?

When survivors file a wrongful death lawsuit, the value is determined by the amount of financial damages the survivors who have filed the claim have endured. Although each case has its own unique set of circumstances, there are certain damages that families may be able to recover.

These damages include the following:

Medical Expenses: If the victim received medical treatment, such as emergency care, hospitalization, surgeries, or any other medical care in an effort to save their lives after their injuries, the survivors can pursue compensation for all of these medical bills in a wrongful death lawsuit.

Funeral and Burial Expenses: In most wrongful death lawsuits, the expenses for the funeral and burial for the victim is reimbursed to the family (or the victim’s estate).

Loss of the Victim’s Expected Income: Another damage the family can pursue is the expected future income the victim would have earned that the family has now lost. This is especially common damage when the victim was the primary breadwinner for his or her family. There are several factors that go into determining what that future income would have been, including the victim’s life expectancy, the earning potential of the victim, and the life expectancy of the survivor’s filing the claim (such as the spouse and/or minor children).

Loss of Companionship: Damages for loss of companionship and other similar damages can be awarded to spouses, children, and other family members to compensate for the emotional impact the victim’s death has had on them. In addition to companionship, these damages include compensation for loss of:

Advice

Assistance

Care

Comfort

Guidance

Protection

Services

Society

Pain and Suffering: Damages for the physical pain and the emotional pain the victim experienced between the time they were injured and the time they died can also be awarded in a wrongful death lawsuit.

Punitive Damages: If the victim’s death was caused by malicious, reckless, wanton, or willful conduct on the part of the at-fault party, or by their gross negligence, then the court may award the family punitive damages. These damages are meant to punish the at-fault party for their behavior instead of focusing on the family’s losses.

Contact a Wrongful Death Attorney for Assistance

As a lawyer, we understand that no amount of money will ever make up for the death of your loved one. We also understand that their tragic and unexpected death can also cause devastating and overwhelming financial and emotional hardship.

Our legal team has built a solid reputation for diligently advocating for victims’ families and obtaining financial justice for their loved one’s death. We will work hard to get your family the best financial outcome based on the circumstances of your case.

Call our office today to meet with a wrongful death attorney, like a wrongful death lawyer in Houston, TX, for a free and confidential case evaluation.

Contact John K. Zaid & Associates for their insight into wrongful death.

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Pedestrian Construction Site Injuries

When many people think of pedestrian accidents, they likely go to car accidents involving pedestrians. While these are terrifying accidents for pedestrians to be in, other serious and life-threatening accidents involving pedestrians are at construction sites. How is it possible for a pedestrian to be injured at a construction site? Do pedestrians need to follow the same standard safety procedures that construction workers do or are they exempt? These are all very important questions, and when you speak with an attorney they can help answer them for you and get you on the right path to getting compensation for the injuries you have sustained. Don’t hesitate any longer if you were injured at a construction site. Set up your appointment with a caring attorney today.

What are the dangers of a construction site?

While a person can be harmed in many ways doing regular activities like riding a bicycle, riding a bus, or walking to the supermarket, construction sites pose many different types of threats and can cause severe damage to the person who was injured. When it comes to pedestrian injuries at construction sites, some of the most common accidents include:

Slip and fall accidents

Falling objects hitting pedestrians

Electrocutions

Exposure to some type of toxic substance or material

Accidents involving heavy machinery, like forklifts or cranes

Accidents involving scaffolding or ladders

How can a pedestrian come into contact with these dangers?

While it is possible that a pedestrian intentionally wandered into an area of construction where they were not allowed (and intentionally ignored warning signs), many times, they are not at fault for these injuries. For example, a construction crew may be fixing up an area of a building and stabilizing one of the walls and refinishing it. The construction crew likely has safety signs and safety cones in place in the area of the sidewalk where pedestrians should avoid. However, in many cases, a pedestrian may be walking in the safety area and away from these cones and still become injured be a dropped object.

What are common types of injuries?

There are many common types of injuries that a pedestrian can sustain when they are near a construction site. These are:

Broken bones

Sprains

Burns

Amputations

Electrocutions

Brain injuries

Even if a pedestrian sustained only minor injuries from passing by a construction site, attorneys believe that you are still entitled to compensation for these injuries. When you are the victim in a construction site accident, do not let an insurance company or the other party’s attorney make you feel that this was your fault. If you accept a low claim or no claim at all, you will be stuck paying the extremely high costs of things like medical bills, physical therapy, lost wages, and even pain and suffering.

It is important for everyone around a construction site to do their job and make it as safe as possible. However, if someone else’s negligence caused your accident, you should reach out to a trusted construction accident lawyer Houston, TX relies on to discuss your compensation options. For more information, reach out to a law office today.

Contact John K. Zaid & Associates for their insight into personal injury claims and construction accidents.

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What should I do after a dog bite?

If you or a loved one has suffered injury from a dog bite, seek medical attention immediately. It is imperative that the injury or injuries are treated right away in order to prevent serious infection. Unfortunately, infection and scarring are the most common physical damages caused by a dog bite. In addition to the physical impact, the emotional damage can be quite extensive and last the rest of the individual’s life. Immediate medical treatment is critical. The next step is to contact a personal injury attorney who can review the specifics of your case and help you determine the next step. In an effort to help you understand the laws surrounding dog bite injuries, the following explores some common questions that are asked in such cases.

Is the dog owner automatically liable?

Yes and no. The thing about dog bite litigation is that each state adheres to its own laws. In addition, counties and municipalities are able to create laws and implement statutes regarding dog bite liability and the resulting compensation for damages. Furthermore, laws are always subject to change. However, liability almost always comes down to the owner and the varying laws determine how the victim pursues the claim. In states that adhere to statutory strict liability, the owner of the dog is automatically considered liable and the victim only needs to prove injury from the dog and who the owner is. Other states, turn to the “one-bite rule” to determine legal action. The one bite rule refers to a dog with a history of biting or aggression (even if it is only one time, hence the term one-bite) and the owner is aware of the dog’s history. While this rule applies in all states, it does not necessarily help the victim if the dog does not have a history. However, county and municipal ordinances may have leash laws or other statutes that give the victim legal footing. It is important to seek professional counsel with an attorney who has experience in dog bite litigation.

What does the term damages mean?

Damages and compensation also vary depending on the state, county, and municipal laws and statutes. However, in the event that the owner is found liable, just about all states agree that the owner (by self-pay or through insurance) is responsible for compensation of the medical bills. Some states allow for the victim to pursue additional damages such as the cost of pain and suffering- current and future, lost wages and loss of consortium (refers to negatively impacted personal relationships as a result of the injury).

Do I need an attorney?

After seeking medical attention, the next most important step you can take is to seek the advice of an attorney with experience in dog bites. The legal grounds for pursuing compensation is unique to each state, municipality and even court opinion. An experienced dog bite lawyer Houston, TX trusts, who is knowledgeable with dog bite statutes and how to interpret the law in your area is critical to your case.  

Contact John K. Zaid & Associates for their insight into personal injury claims and what to do after a dog bite injury.

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Facts about dog bites

Many adults are afraid of dogs, some have a fear of big dogs and others feel instant panic when a little dog runs at them barking. Several of those people have such fear because of a traumatic altercation when they were young. There is no doubt that negative experiences in our youth can shape how we react to things well into our adult years. While it is true that many dog bite victims are children, it is also true that not all dogs are vicious. The following will explore advice on how to prevent children from dog bites and the laws that are in place if and when it does happen.

How to prepare your child

The fact is, you cannot control every situation. However, you can have open discussions with your children that may help them to stay safe. It is imperative to teach your child about safety around dogs, especially dogs that they do not know. The key points to teach children is as follows:

Do not run up to a dog that they do not know.

Always ask permission before petting a dog.

Show your child the correct way to hold out your hand and allow the dog to sniff it before petting the dog.

Be sure not to crowd the dog, wrap their arms around the dog’s neck or put their face in the dog’s face.

If they see a dog out wandering without a person, do not approach the dog. Instead, let an adult know what they have seen.  

In the event that your child does sustain a dog bite, the following information touches on state and local laws and ordinances.

Statutory strict liability states represent the majority of the country. This statute holds the owner of the dog liable for damages regardless of any prior incidents. Furthermore, the victim does not have to prove negligence, simply that the injury and associated expenses were caused by the dog.

One-bite rule states adhere to the concept that under most circumstances, the owner may not be liable if the dog has no history of biting or aggression. However, if the dog bites someone and it is provable that the dog has bitten a person or property in the past and the owner has knowledge of this fact, then the owner is likely liable for the damages. The one-bite rule may be argued in just about any state.

Other laws and ordinances may be in place. Not only do individual states determine the laws regarding dog bites, counties and cities are able to create ordinances that protect the public such as leash laws, prevention of dogs “roaming at large”, pet licensing laws, and nuisance laws (referring to extreme barking, appearing vicious or other behaviors that excessively disrupt the community).   

A personal injury attorney may be essential to the outcome of your case. Although the laws are in place to promote safety in the community and allow those who have been harmed the opportunity for justice, the laws can be confusing and are always subject to change. A dog bite lawyer Houston, TX relies on who is experienced in personal injury, specifically dog bite injury, may be necessary for you to hold those accountable and receive appropriate compensation for injury.

Contact John K. Zaid & Associates for their insight into personal injury claims and dog bite injuries.

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Can I Sue if My Child Gets a Concussion While Playing Sports?

It is becoming increasingly difficult for parents to allow their children to play certain sports. Too often, children are sustaining concussions – sometimes repeatedly – due to the aggressive nature of youth sports in America today. When parents do allow their kids to play sports like football, hockey, soccer, baseball, etc. they often need to take a leap of faith that their children’s coaches and their community’s sporting facilities will keep them reasonably safe as they practice and embrace the “love of the game.”

When children are hurt while playing sports, it can be difficult to know whether a legal claim should be filed or the option of filing a legal claim should be rejected because “sometimes kids just get hurt while playing sports.” Please do not feel that you need to weigh a legal consideration like this alone. An experienced team can advise you of any options available to you, once they learn about the circumstances surrounding your injury. Once you understand your legal options, you can make the choice to file a claim or not, based on whatever will serve as the healthiest option for your family.

Sustaining a Concussion or Other Brain Injury While Playing Sports

It is important to understand that many factors can contribute to the occurrence of any single accident. Your child may have been injured on a field that was not properly maintained, while being coached by staff who were both inattentive and improperly trained while using defective sporting equipment. Speaking with an attorney will help you to sort out what happened and why. At that point, you can determine whether it makes sense for you to file a legal claim and, if so, against which potentially responsible parties.

You may be understandably concerned that a consent waiver may stand in the way of your ability to file legal action. Please bring any waivers to your consultation so that your lawyer can review them. There are numerous instances in which such waivers are unenforceable.

Legal Guidance Is Available

It is important to understand that because every accident that results in brain injury is different, it is generally not a good idea to make assumptions regarding whether your child’s injury may or may not result in a strong legal claim. Sometimes, catastrophic and tragic injuries occur in ways that are (at least, legally speaking) no one’s fault. Other times, relatively minor injuries may result in significant legal damages because the courts want to put a stop to systematic negligence or otherwise hold a truly reckless person/entity accountable for their injurious behavior.

Instead of wondering about whether you have grounds for a case or making assumptions that you do not, please consider scheduling a consultation with our firm at your earliest possible convenience. Once an attorney learns about the details surrounding your child’s injury, they will be able to advise you of your legal options. If you determine that taking legal action is the healthiest choice for your family, a lawyer will be there to support you. Please consider connecting with a brain injury lawyer Houston, TX offers today.

Contact John K. Zaid & Associates for their insight into personal injury claims and suing for a sports concussion.