How is the Value of a Wrongful Death Case Determined?
Wrongful deaths occur every day as a result of the negligent actions and inactions of others. Many wrongful death claims are related to car accidents, medical malpractice, and product liability. When you lose a loved one like this, you have the right to file a civil lawsuit to hold the guilty party accountable for the death. Wrongful death lawsuits can be complex because of Nebraska’s vague rules and the difficulty associated with determining damages, which is where an experienced attorney can help.
Wrongful death laws are determined at the state level. Keep reading to learn about Nebraska’s laws, and how they could impact your wrongful death case.
When Is a Missed Diagnosis Considered Medical Malpractice?
When we seek medical treatment, no matter how minor or severe the injury or illness, we expect to receive the best care possible. Unfortunately, due to miscommunication errors, improper training, and plain negligence, medical malpractice happens all too frequently in the United States.
In the event of medical malpractice leading to a misdiagnosis, delayed diagnosis, or a failure to diagnose, a patient’s condition is likely to progress beyond where it would have if the diagnosis and treatment had been done currently.
Thousands of individuals suffer from misdiagnosis, leading to medical malpractice, each year. In the event you are a victim of such an occurrence, it’s important to understand you have legal rights and the guilty party can be held accountable for the actions.
How Do Insurance Companies Investigate a Car Crash?
The time after a car crash should be spent recovering; however, you’ll also need to file a claim with your insurance company. The soon you do this, the sooner you’ll find out what sort of compensation you’re eligible for.
Insurance companies follow certain steps to investigate a car crash. There are things you can do to help speed the process along, which mostly involves having the necessary information ready when it’s needed. If you are awarded a settlement, it may contain compensation for economic and noneconomic damages.
Keep reading to learn about how insurance companies investigate a car crash, so you know what to expect when you make your first call.
What are Most Medical Malpractice Claims Related to?
Thousands of medical malpractice claims are filed every year. When a healthcare professional makes a mistake that impacts your life, you have the right to hold that individual, or the hospital, accountable for their negligence.
To receive compensation for a medical malpractice claim, you must prove your healthcare provider failed to meet the standard of care during the course of your treatment, and that the failure resulted in your injury. The majority of medical malpractice claims are related to anesthesia errors, childbirth injuries, medication errors, misdiagnoses, or surgical errors.
Common Medical Malpractice Claims
Anesthesia errors can lead to serious brain damage and death if too much or too little sedative is administered. These types of errors occur when an anesthesiologist neglects to read a patient’s medical history or prescribe the wrong type of anesthesia.
Are Personal Injury Settlements Taxable in Nebraska?
According to the U.S. Department of Justice, personal injury cases typically revolve around motor vehicle accidents, medical malpractice, and product liability. To win a personal injury case and receive compensation for the damages you’ve sustained, you must be able to prove your injury was the result of negligent actions or inactions by another person or entity.
In the event you prove your case and are awarded a settlement, you may have questions about how this compensation impacts how the government views your income. Depending on your case and settlement terms, your compensation may or may not be taxable.
Announcing the Winner of the Fall 2018 Welsh & Welsh Scholarship
All of the attorneys and staff at Welsh & Welsh PC, LLO are dedicated to helping our local and nationwide communities navigate toward a brighter future. In 2017, we decided to start a scholarship that would help us do just that by assisting one college student with securing their college education. The latest submission period for that scholarship, Fall 2018, just came to a close.
We were truly humbled by the amount of applications we received as well as the exceptional high quality of every essay. All of the essays were outstanding. Choosing just one winner was difficult!
We’re pleased to announce we’ve chosen a winner.
Congratulations to Sadie Gibson of Macon, GA!
Tristen will be attending Mercer University Law School.
How Long Does a Hit-and-Run Investigation Last?
Unfortunately, hit-and-run accidents are more common than we’d like to think. When these crimes are solved, the guilty party is often found to have been under the influence of alcohol or drugs. It’s also likely they panicked and simply left the scene. When these crimes go unsolved, the victim is often left confused and worried about proving their claim to an insurance provider.
While there is no specific timeline for a hit-and-run investigation, the following information will give you an idea of what to expect if you’re the victim of such an accident.
Christopher Welsh Elected to AAJ Executive Board
Christopher Welsh, one of our personal injury attorneys, has been elected as the Parliamentarian of the Motor Vehicle, Highway and Premises Liability section of the American Association for Justice (AAJ). This position will last for the 2019-2020 term.
The officers on the executive board serve one-year terms and are elected at the annual conventions. This year’s convention took place from July 7 to 10 in Denver, Colorado. The convention, in addition to serving as the election place for national officers, gives accomplished trial lawyers and experts the opportunity to discuss the latest developments in the legal world so they can represent their clients in the best way.
What Percentage of Car Accidents Are Caused by Cell Phone Use?
Driving requires your mental, physical, visual, and auditory attention at all times. Getting distracted for even a few seconds can have devastating consequences. In the past, alcohol and speeding were the leading causes of auto accidents; however, incidents of distracted driving are on the rise. In 2014, 3,179 people were killed and 431,000 were injured as a result of distracted driving collisions.
While there are multiple ways a person can get distracted while driving, cell phones are a primary cause. In 2013, nearly 15 percent of all distracted driving accidents involved drivers using a cell phone. This percentage is even higher when you look at the 20-29 age group – where almost 40 percent of distracted driver accidents were caused by texting, calling, or emailing. In order to understand why these accidents occur, it’s important to recognize how distracted driving affects the brain.
Bayer Announces that Sales of Essure Birth Control Will be Halted
On July 20, 2018, Bayer announced they would be halting the sale of the Essure birth-control device in the U.S. by the end of the year. An estimated 750,000 devices have been sold, mostly in the United States.
The device, designed to cause sterilization, was approved by the FDA in 2002 and was deemed a nonsurgical alternative to tubal ligation. It was developed by Conceptus Inc. in California and acquired by Bayer in 2013. Essure consists of two-inch-long flexible coils made from nickel and titanium.
Thousands of woman blame the implant for serious health problems including persistent pain and perforations of the uterus and fallopian tubes, autoimmune problems, unintended pregnancies, and migration of the device into the pelvis or abdomen. Some have had to have the device surgically removed.