Car Accident Lawyers

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car accident lawyers

AUTOMOBILE ACCIDENT INVESTIGATION


     Automobile accident investigation in a personal injury case may involve the following:       

  • identify roads,  vehicles, persons involved, describe and classify them,     
  • take appropriate measurements, obtain witness statements where liability will be disputed, 
  • estimate speed from skids,
  • observe visibility conditions, 
  • review occupant restrains,
  • determine vehicle damage, and the areas where it occurred, attempts to determine the nature and extent of impact,


    Baker, The Traffic-Accident Investigation Manual  (NW University Traffic Institute, 1986).  The level of investigation will depend upon available information, the time-gap from the date of the accident, whether liability is likely to be disputed, and the nature and extent of injuries.   Where investigation is needed in a major accident, it should be done quickly since physical items such as skidmarks, yawmarks, acceleration scuffs, imprints, road scars, and debris may disappear quickly. 

    Our office has an investigator and works closely with a certified automobile accident reconstructionist in appropriate cases. 
  • Automobile Accidents Lawyers

AUTO ACCIDENT POLICE INVESTIGATION GUIDE

 1. On Learning of the Accident

Ask exactly when and where did the accident happen,
What vehicles were involved.
Will the scene be cleared by the time of arrival.
Is traffic blocked.
Has ambulance, wrecker or fire apparetus been called.
Look for conditions confronting a driver approaching scene, low visibility, view obstructions, and traffic controls.

2. On Arrival at the Scene of the Accident

Look for physical evidence, have same guarded until it can be examined or collected for measurements.  
Locate drivers and witnesses
Examine driver's condition
Photograph tire marks and location of vehicles.
Observe each vehicle's condition.
Determine exact location of accident.
Photograph tire marks.  
Measure for map if location will be difficult to revisit. 
Cite for violations where appropriate. 
Contact hospital or emergency facilities where needed. 
Obtain detailed statements for serious accidents or illegal acts. 

Sources, Traffic Accident Investigation Manual (Northwestern University Traffic Institute), Limpert, Motor Vehicle Accident Reconstruction and Cause Analysis.  

NEW JERSEY AND NEW YORK WRONGFUL DEATH CLAIMS

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TYPICAL ISSUES AND PROBLEMS IN WRONGFUL DEATH CLAIMS

Proof and Evidence

While a death is tragic, it does not change the plaintiff's burden of proof.  The plaintiff must still prove the elements of his claim such as negligence.  Without the injured party to explain what occurred, that can be difficult.   To address the problem, the injured person's deposition may be taken in a wrongful death case.  New Jersey permits a video-taped deposition, which can be read at trial if the witness is not available.  Secondly, one can search through documents, co-worker's, defendant's testimony, and expert's to ascertain what occurred and why the defendant is responsible.

Wrongful Death Damages 

While one would instinctively think damages in a wrongful death claim would be greater, that is not necessarily the case.  In New Jersey,  damages on a wrongful death claim are limited to pecuniary injury.   One cannot recover damages from the loss of a close relationship or the many intangibles that follow from the loss of a loved one.   Instead, the claim is limited to trying to quantity the value of a lost life.  In the case of Green v, Bitner, the jury originally awarded only  $10,000  finding limited pecuniary loss in the death of a teenager.  The Supreme Court reversed finding that proof as to the monetary value of loss advice and companionship could be permitted.  

Likewise, lawyers have struggled to establish a fair value for the loss of a housewife or parent, where the pecuniary loss is . not immediately clear.  The various hearings on 9/11 compensation illustrates the significance of lost earnings in the calculation.  

Our office handles wrongful death claims arising from medical malpractice, products liability, automobile negligence, and other wrongs. 

Keywords: Wrongful death claim, lawyer, attorney, wrongful death lawyers, New Jersey, New York, wrongful death claim, lawsuit, 

FAILURE TO DIAGNOSE BREAST CANCER

FREQUENCY OF CLAIMS

Breast cancer-related claims account for the largest total indemnity payment of any single medical condition in the United States, with delayed diagnosis of breast cancer being the most common malpractice allegation made against physicians. Since 1986, over $273 million dollars has been paid on behalf of physicians nationwide.

See Norwest Insurance Web

Failure to diagnose Breast Cancer Course by Norwest Insurance 

Failure to diagnose breast cancer malpractice claims can include one of the following fact patterns:

1) insufficient follow up where a breast lump is seen,

2) misinterpretation of a mammogram,

OLYMPUS BRONCHOSCOPE 

A  bronchoscope is performed to diagnose a potential tumor or lung ailment.  A bronchoscope is performed by placing a camera-equipped tube or bronchoscope through the nose or mouth and into the lungs. .

Olympus America Inc. has initiated a voluntary recall of certain bronchoscope models. These bronchoscope models are suspected of trapping and spreading bacteria among patients who underwent the procedure causing pneumonia or other infectious diseases.   Ports or valves on the sides of the bronchoscopes were loose and permitted bacteria to become lodged. 

UNDUE INFLUENCE AND ESTATE CASES

        Undue influence claims are an exception to the general rule that a testator may devise property as he sees fit. While those in good health are presumed to have the ability to write what they intend, sometimes the ill or elderly may not, and a devise may be the produce of improper influence by a friend or family member.   In such cases, the devise may be set aside for undue influence.

        "Undue influence generally has been defined as “‘mental, moral or physical’ exertion which has destroyed the ‘free agency of a testator’ [or settlor] by preventing the testator [or settlor] ‘from following the dictates of his own mind and will and accepting instead the domination and influence of another.’” Haynes v. First Nat’l State Bank of New Jersey87 N.J. 163, 176 (1981) .  Clearly age and physical status are important questions in undue influence cases.  "The fiduciary involved in the present case psychologically overpowered an eighty-eight-year old demented person."  Id.  In contrast, undue influence is not presumed where the testator was sophisticated and able-minded. 

          The position of the parties is important.  Where a party helps draft a will in which he is a beneficiary, there may be undue influence. See In the Matter of the Probate of Landesman, 
319 N.J. Super. 252 (App. Div. 1999) (defendant concedes the correctness of the trial judge's findings as to the existence of a "confidential relationship" and "suspicious circumstances" that warranted shifting the burden of proof to him as to the 1988 will. ).

Iowa Personal Injury Lawyer

Iowa personal injury lawyer represents individuals whose injuries or death resulted from automobile accidents, defective products, medical malpractice, property-related accidents and a variety of other situations. Individuals suffering either physical or economic injuries from another person's or entity's conduct are entitled to an award of damages as compensation for their injuries. Such damages vary due to the nature and extent of the injuries involved and the conduct at issue. A thorough understanding of the law is necessary to guarantee that your legal rights are protected and you receive full compensation for your injuries. For a free consultation contact us.

Generally, individuals and entities must exercise reasonable care to avoid injuring another. The failure to exercise such care may constitute negligence, and the responsible party may be liable for any damages that result from their conduct. Such damages include medical expenses, pain and suffering, lost wages, loss of future income and other damages arising from the accident. The existence of negligence depends on the facts of each individual accident. It is important to commence an investigation shortly after an accident occurs to determine whether negligence was a factor.

The attorneys at Iowa personal injury lawyer understand the devastating effect that a personal injury can have on the lives of individuals and their families. As a result, our firm has recovered substantial monetary amounts for their clients whose lives have been disrupted by such an ordeal. 

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