If you are injured after slipping and falling, who should be responsible for your medical costs? A slip and fall attorney in Riverside who takes your case will consider the issue of negligence when determining what kind of damages you should pursue. Negligence is the critical factor that determines who is at fault when someone is injured during a fall.
Watch this video to learn more about the role of negligence in slip and fall cases. Your personal injury lawyer will evaluate whether the owner of the property on which you fell took all reasonable precautions to prevent a fall. Similarly, he or she will also consider if you were negligent in any way that contributed to the fall. If you were partially responsible for the fall, you may still receive compensation, but the amount you get may be reduced to account for your actions.
When a loved one dies due to the negligence or unlawful actions of a police officer, it can be difficult to know where to turn. During this confusing time, it is essential to get the assistance of an accident and injury attorney in Riverside with experience in government liability cases . If you suspect that your loved one’s death was the result of wrongful actions by police officers, here are the answers to some questions that may be on your mind.
How do I know if my loved one’s death qualified as a wrongful death?
The best way to understand your loved one’s case is to review the details with an experienced attorney, who can investigate the facts and help you decide how to proceed. There are several factors that can contribute to wrongful death, from actions that deprived your loved one of his or her civil rights to negligent behavior on the part of the police that contributed to the death. For instance, using excessive force and denying medical care may both fall into the category of wrongful death. Inadequate training by the police department is another issue that can arise. Your attorney will look at all of the circumstances involved in the case to help you decide if you should file a lawsuit.
Are these cases filed in state or federal court?
Wrongful death cases involving police officers can be tried in both state and federal court, depending on the nature of the complaint. If you claim that the officer violated your loved one’s civil rights, then the case will be held in federal court. A case involving improper training may be heard in state court. Your attorney will help you determine the right venue for filing the case.
What kinds of damages are likely to be paid?
This amount varies dramatically depending on the details of the case and whether it goes to trial or is settled outside of court. It also depends on the jurisdiction and if there are any local immunity laws for police officers and departments.
You are entitled to the right to use your private property without interference, or nuisance. Private nuisance lawsuits deal with this right to use your own space without any unreasonable obstructions. If you believe that a person or entity is interfering with your enjoyment of your property, an attorney in Riverside can help you file a private nuisance complaint.
Private nuisance lawsuits may arise between neighbors, when one neighbor claims that the other neighbor’s actions are preventing him or her from getting the full enjoyment of his or her home. For example, if a neighbor installs a bright light that shines in your bedroom all night and refuses to make any adjustments, your lawyer may recommend that you file a private nuisance case. Other actions, such as pollution of your property, excessive sound, or extreme and ongoing foul odors, can also fall into the category of private nuisances. Discuss your situation with an attorney to determine if your circumstances meet the criteria for filing a private nuisance lawsuit.
Cat bites can cause serious injuries and infections. As with dog bites, the owner of the cat may be liable for your injury, and you may be eligible to receive damages in a personal injury lawsuit. If you are the victim of a cat bite, consult with a personal injury attorney in Riverside to determine if you could be eligible for compensation for your medical bills, lost wages, and pain and suffering. Here is what you need to know.
Cat bites are serious.
Although cat bites may seem less significant on the surface than dog bites, they should still be taken seriously. Cats’ teeth are extremely sharp, which means that they can pierce deep layers of tissue, and the bacteria in their mouths can cause infections. The bacteria that you may be exposed to during a cat bite can lead to septicemia, or blood poisoning, which is a serious medical condition that usually requires hospitalization. If you are bitten by a cat, you should clean the wound and seek medical care as soon as possible. Without treatment, you could develop an infection within as few as 24 hours.
The cat’s owner may be responsible for your expenses.
After a cat bite, consult with a personal injury attorney to discuss your case and understand your options. If the cat owner was negligent in preventing the bite from occurring, he or she could be held responsible. Depending on where you live, the owner may be responsible regardless of the cat’s history of behavior, or you may need to demonstrate that the owner should have known that the cat was aggressive based on the animal’s actions in the past.
You should document the injury.
If you plan to contact a personal injury attorney, document the circumstances of the bite and the injury as soon as possible. Visit a doctor and get a copy of the medical records for your lawyer to review. The more proof and information you can provide your attorney, the easier it will be for him or her to make your case.
After your accident lawyer files a lawsuit in Riverside, you may be presented with the option to settle the case before it goes to trial. A settlement is an agreement in which the plaintiff receives an agreed upon sum of money in exchange for dropping the case. Every case is unique. Talk to your car accident lawyer about the specifics of your case to determine if accepting the settlement offer might be better than taking your chances with a trial.
Watch this video to learn more about settling your accident lawsuit. You’ll hear how liability factors may play a role, as well as how the involvement of an insurance company might affect a settlement offer. If the defendant is alleged to have acted in a particularly egregious manner, then he or she may be more willing to settle for a higher amount.
Accident lawsuits filed in Riverside aren’t always brought by the victim of the accident. If the victim dies, his or her family may file the claim. Wrongful death lawsuits give surviving family members the opportunity to pursue justice on behalf of their lost loved one. Families should take care to choose an accident injury attorney who has experience litigating wrongful death cases, as complex, unique issues can arise. These include the physician-patient relationship, and the right to preserve the confidentiality of medical information.
In any accident lawsuit, the victim’s medical records play a crucial role. They serve to establish the type of injuries, severity of symptoms, and causation of injuries. Medical records can even be a factor in calculating non-economic damages like pain and suffering. This is because the more serious the injury is, the higher the non-economic damages are likely to be. In cases in which the accident victim survives, he or she can simply sign a waiver to release these medical records. Wrongful death cases aren’t this straightforward, however.
Federal and state laws protect the confidentiality of medical information. Physicians cannot legally share a patient’s medical information with anyone unless that person consents. This doesn’t apply to all medical information, only the data that is labeled “protected health information ” under HIPAA. This includes individually identifiable data that isn’t readily available from other sources, such as records filed with the person’s employer or educational institution. Even after a person dies, the physician-patient privilege continues—but it isn’t absolute.
Medical Record Waiver
Depending on the laws of the individual state, an accident attorney can still access medical records if an official waiver is authorized. The decedent’s surviving spouse, other next of kin, or personal representative may be authorized to waive the physician-patient privilege.
Health Information Scope
A valid waiver doesn’t necessarily mean that all of the medical records for the decedent’s lifetime can be released. The decedent’s personal representative or next of kin must take care to ensure that the only medical records that are released are the ones that are relevant to the wrongful death lawsuit.
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