Catastrophic Injuries: What Victims And Their Families Should Know

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Catastrophic injuries, as the name suggests, are severe injuries. Catastrophic injuries are sustained by the spine, spinal cord, or brain. Damage to the skull may also sometimes be considered as a catastrophic injury, depending on the severity of the injury to the skull.

Catastrophic injuries can be classified based on three results: death, permanent (and severe) disability, and permanent (and severe) trauma to the head or neck (even without disability). Deaths due to catastrophic injuries may happen either directly or indirectly.

Sports is not the only circumstance wherein catastrophic injuries may occur. Motor accidents, slips and falls, and hazardous workplaces can also lead to catastrophic injuries. Motorists, workplace employers, building engineers, and landlords, among others, may be held accountable if accidents happen that result in catastrophic injuries.

In some instances, catastrophic injuries may be sustained due to gross negligence of healthcare professionals. This happens when, for example, patients suffer from prescribed medication or procedures that harm both expecting mothers and their unborn children.

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The sad truth is that after a catastrophic injury, victims and their families are confronted with the reality that long-term, intensive care will, in all probability, be needed. And the expenses will be nothing less than substantial. The most important thing victims and their families need to remember is that the cost of all the things catastrophic injury victims need for care and recovery should be shouldered, not by their families, but by the people responsible for the injury.

Sheeley Law is a law firm that specializes in various legal issues, including catastrophic injuries. For more on the firm, visit this website.

Wrongful Death Facts That Families Of Victims Should Know

When a person dies due to negligence and misconduct, it is labeled as a wrongful death. Lawsuits regarding wrongful death are often filed once the criminal trial is over. A great deal of the time, evidence that was used during said criminal trials are also presented in wrongful death trials. The only difference is that the standard of proof in wrongful death trials is lower.

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It doesn’t necessarily mean that if a defendant is found guilty in a criminal trial, he or she will be found guilty in a wrongful death case. There have also been instances where defendants were innocent in criminal trials, only to be found guilty in wrongful death trials.

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One of the common causes of wrongful death is medical malpractice. But other than medical malpractice and murder, other causes of wrongful death include car accidents, plane crashes, workplace accidents (due to dangerous conditions), death during a supervised activity, and structural malfunction among others.

Lawsuits involving wrongful death should be filed by a family or estate representative. And cases are filed on behalf of the family and loved ones of the victims, who are most likely suffering from psychological and emotional anguish, as well as financial loss due to the wrongful death.

Sheeley Law asssists clients through a great number of legal issues, including wrongful death cases. For more on the firm and its services, visit its official website.

What is an “Enclosure” for Purposes of Dog Laws

We have previously discussed that if harm or injury is caused by a dog within the property of its owner or keeper, for the aggrieved party or plaintiff to claim damages, it would be necessary to show or prove that the defendant owner or keeper knows or must have known of the offending dog’s tendency to cause harm or injury and that the defendant took no or insufficient precautions to prevent the same.

This tells us foremost that the sole fact of fencing or confining the errant canine is not a defense when it causes actual harm or injury to third persons, or their property, within the property boundaries of its owner or keeper. Of course, this scenario contemplates that the third person is lawfully within the enclosure, that is, he or she did not trespass on the dog owner’s or dog keeper’s property as this is certainly sufficient provocation for a guard dog to take justifiable action against the unknown trespasser.

Nevertheless, it is vital for dog owners to be informed on what constitutes an “enclosure” for purposes of determining whether strict liability should be applied – the query being, is the errant canine “at large” or “outside” of its enclosure when it caused the harm or injury? If yes, then the owner or keeper is more or less automatically liable for damages to the aggrieved party.

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In the case of Wilbur vs. Gross (1936), the Supreme Court of Rhode Island had occasion to exhaustively deliberate and arrive at the conclusion that, in determining liability for dog bites, the central factor in the definition of an “enclosure” is “that there be something to give a man reasonable notice that he is entering upon occupied premises, where there may be a dog.”

Subsequently, the Supreme Court of Rhode Island defined an enclosure under the provision § 4–13–16 as “a fence, physical obstruction or any other condition that gives reasonable notice to third parties that the area is private.” 

Ann S. Sheeley of Sheeley Law LLC has more than 25 years of experience specializing in personal injury, criminal law, and worker’s compensation. She believes that individuals accused of crimes have a right to be represented by top-notch defense lawyers. Learn more about her practice here.

Criminal Law: Qualified Cases For a Diversion Program

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First-time criminal offenders, especially those who have only committed minor offenses may not undergo a traditional criminal case process. Instead of incarceration or other forms of punishment, diversion programs may serve as a more practical sentence.

Charges such as shoplifting, minor fraud charges, minor property damage, or a DUI are qualified for diversion programs. In the process toward diversion, it is recommended that the defendant considers the suggestions of his or her defense team for them to come up with the best decision to be presented to the court.

Even before the official start of the proceedings, the defense team may appeal the case to be diverted by suggesting that their client instead undergoes counseling, rehabilitation programs, or community service work. Though diversion may delay the proceedings for a few months, it comes with a cost for the defendant. In exchange for treatment at a rehabilitation center, for example, the defendant would have to pay the court as well as restitution or fine.

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Being subjected to a diversion program requires an individual to undergo counseling or treatment for a minimum of six months. During and after this period, the defendant must show improvement in the area he or she has been accused of. For a DUI or a drug possession case, the accused must demonstrate a reformed lifestyle and seek endorsement from the rehabilitation center. Once the court-mandated time has been fulfilled, the case will be deliberated upon if necessary.

Ann S. Sheeley of Sheeley Law LLC has more than 25 years of experience specializing in personal injury, criminal law, and worker’s compensation. She believes that individuals accused of crimes have a right to be represented by top-notch defense lawyers. Learn more about her practice here.

Driving Under The Influence: The Right Response To The Situation

For some people, alcohol can be a heavy temptation, especially during special occasions such as weddings, birthday parties, or any other celebration. Once the festivities are over, it is time for the attendee to go back to his car and drive home. The only thing that could spoil the evening is if he were to get pulled over by a police officer because of suspicions of driving under the influence. 

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Driving after having a drink isn’t illegal per se, but driving with a 0.08 blood alcohol level is. For the driver, getting hounded by the police can result in a stressful situation. This is a common occurrence, but most people don’t know how to react if ever this happens to them. There are ways how citizens can handle the situation and emerge from the predicament unscathed. 

Necessary preparations need to be made first before even attempting to drive. It is important that the car is in good working condition, and driver’s license, registration, and proof of insurance are all kept in an easily accessed location.

If an individual is stopped for a DUI investigation, it is imperative that he realizes that he is being watched closely. The driver must also ask that the proceedings to be recorded because it will help the defendant’s case immensely. The citizen must then be cooperative because any unacceptable behavior otherwise will be extremely disadvantageous.

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The driver can also refuse to answer questions for they are under no obligation to reply to officers in the first place, especially when it could jeopardize his legal situation. He can also opt out of those “field sobriety tests” because there are no consequences if he does not do them.

A conviction for DUI can dramatically affect your life. Seek Atty. Ann Sheeley's help you manage your situation. Visit this website for more information.

Car Accidents and the Law: Getting Compensation for Whiplash

Whiplash is a neck injury that results from an impact that causes the head to snack forward and backward, such as in rear-end car accidents. While whiplash is often humorously portrayed on the big screen, the symptoms of whiplash are not at all funny.

Symptoms of whiplash include pain and stiffness, headaches, and limited range of motion, and can range from mild to debilitating. After an accident, it's best to get medical attention right away, even if the pain doesn't seem to be severe. Symptoms can worsen in the hours or days after an accident. In addition, records of medical treatment are needed to prove whiplash.

It is also recommended to take photos of the accident scene, obtain police reports, and gather witness information to build a stronger case. Whiplash victims should also document their medical expenses and other costs associated with their injuries, such as medication and rehabilitation fees, and lost wages due to time spent off work for recovery. In some states, it is possible to receive compensation for pain and suffering. Documenting all expenses will be helpful when it's time to make a claim for compensation.

In no-fault states, whiplash victims must first seek compensation from their own insurance carrier through a Personal Injury Protection (PIP) claim. Filing for compensation for whiplash under a PIP limits the amount a defendant can recover for the injury. Alternatively, a whiplash victim or his or her lawyer can file a claim against the responsible party's insurance carrier. The process is more complicated, but it doesn't have as many limitations on the amount of compensation the victim can recover. In cases wherein the victim's or the responsible party's insurance carrier refuses to pay out the claim, the whiplash victim could file a lawsuit.

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No-fault states do not give compensation for pain and suffering.

In states that have a fault-based system, a whiplash victim has the option to file a lawsuit directly against the responsible party. This increases the possibility of a greater amount of financial compensation.

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Whiplash and other types of soft tissue injuries are notoriously difficult to prove. A capable personal injury lawyer can help whiplash victims by asserting their claims for merit, guide them through confusing legal procedures, and negotiate a fair settlement on their behalf.

Follow this Ann S. Sheeley Twitter account for more discussions on whiplash settlements.

Personal Injury: To go for Mediation or Not?

Out of thousands of personal injury claims in the U.S., only four percent go to trial. Of this fraction, the odds of winning a lawsuit are relative to the nature of the personal injury. In tort trials, the Bureau of Justice Statistics of the U.S Department of Justice reveals that only 61 percent of claimants have won their cases in personal injury rooting from automobile accidents.

As an alternative to long and complex judicial processes, some victims opt to go for mediation, an informal process that allows both parties to resolve a dispute without involving the courts.

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During mediation, a mediator, a neutral third person, opens a dialogue between the disputants, until they reach a final agreement. This process provides many advantages as it is more private, less expensive, controllable, and faster, with some cases lasting only a matter of hours.

Mediation, however, has its disadvantages. While it can resolve disputes in a more expedient manner, it lacks the procedural and constitutional protection of the court. Hence, settlement agreements do not always guarantee fairness, especially for victims who are seeking higher compensation. There are also instances where disputants fail to settle an agreement, which, consequently, leads them back to court.

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The best way to decide whether or not to go for mediation is through a thorough understanding of the personal injury claim. For example, if both parties have already decided upon who was at fault for the accident, and said liable party is willing to immediately compensate for the damages, mediation can be the best option to save time, money, and effort.

Attorney Ann S. Sheeley has more than 25 years of experience in handling personal injury cases. For a free consultation, visit this website.