Pets and Personal Injury Claims

POSTED BY Jon Corra . October 25, 2018

According to a Gallup Poll, 6 in 10 Americans own some type of pet. Forty-four percent of Americans own a dog, and 29% own a cat. Pets are a big part of our lives, but what happens if your pet is involved in an accident? Can you file a personal injury claim if your animal is injured?

In many situations, you can file a personal injury claim if your pet is wrongfully killed or injured. However, it’s important to realize that an animal is legally considered property in most situations. In other words, if you file a personal injury claim and are successful, compensation will likely be based on the fair market value of the animal. Though many of us consider our pets to be part of our family, in the eyes of the law, they are considered property. So, like a car or other property, compensation is based on value.

However, you may be awarded compensation for emotional pain. For instance, if your dog were intentionally killed, you would likely have some level of emotional distress.  You may be compensated for this distress. The same can be said for a car accident. Damages can be a part of a personal injury claim.

The intent is important to consider when determining liability. An injury intentionally caused will create a fairly straightforward lawsuit unless the defendant has a reasonable justification for his or her intentional acts, such as self-defense or defense of others.

If the defendant injured or killed the plaintiff’s pet on purpose, and the plaintiff has strong evidence proving the defendant’s deliberate acts, then some form of liability is likely.

Even if someone does not intentionally injure your pet, they may be responsible for your animal’s injury. For instance, if a person acts recklessly and injures your animal, they may still be held financially liable.  But what does acting recklessly mean? According to NOLO, a reckless act is one that the defendant knows or should know is likely to result in a kind of harm (here, injury to a pet), but goes through with the act anyway.

None of us want to think about our pets being injured or killed, but it sadly does happen. If you want to know more about this subject, call us today for a free consultation. Our toll-free number is 1-877-526-3457. If you’d rather communicate electronically, fill out this form so we can contact you at a better time.

Parkersburg Car Wreck and Wrongful Death Attorney

POSTED BY admin . December 13, 2016

Wrongful death lawsuits are never an easy ordeal – especially for those being sued in criminal or civil courts. Like the term suggests, wrongful death revolves around cases where someone has sadly passed away due to negligence on the part of another. This can include DWI, DUI, job-related mishaps, and especially automobile accidents. These situations are emotionally exhausting and leave permanent scars for family members that have to live with the loss of loved ones or friends. However, families do have a legal right to file wrongful death lawsuits to recover damages, restitution, and other finances for medical bills, burial costs, and other fees. No truer is this than for those that have lost loved ones due to medical malpractice and through no faults of their own.

Parkersburg Automobile Wreck Attorneys

With years of extensive legal experience, a Parkersburg car wreck lawyer specializes in all types of wrongful death cases. In fact, they have helped countless families secure restitution for loved ones that have passed away due to negligent or absent-minded drivers. The first step in any wrongful death case is to secure a complimentary consultation with a local attorney. This allows lawyers to do the following:

  • Listen carefully to your concerns and gather information about the situation or case.
  • Advise you on the best steps to take on filing wrongful death lawsuits against those responsible – this includes drivers, physicians (medical malpractice cases), employers (job-related accidents that resulted in death), and others.
  • Explain to you the legal processes, proceedings, and steps needed in taking your case to court – jury cases or judges.
  • Helping you gather all information and evidence that will strengthen your case and claim – coroner’s reports, hospital reports, doctor’s reports, police investigation reports, and other materials related to your case.

With just one phone call or e-mail, you will truly get the legal representation and services you deserve. Parkersburg attorneys are committed to excellence in all legal cases – and will truly fight all the way to protect your rights –and especially that of deceased loved ones or friends. Attorneys also work hard to ensure the person or persons responsible are prosecuted to the full extent of the law. This includes possible jail time, along with paying for emotional duress, distress, burial costs, medical fees, and any debt related to the wrongful death case.

Plaintiffs or Defendants

As legal experts in a challenging and competitive industry, there are times when attorneys have to protect the rights of defendants. Remember, in the U.S.A – you are innocent until proven guilty in a court of law. With this in mind, defendants who believe they are innocent deserve the same legal rights and services that plaintiffs get. No truer is this then when it comes to automobile accidents that were caused by all parties involved. The same can also go for medical professionals who endlessly tried to save the life of your loved one – but were unable to due to natural death or other complications during surgery. Defendants may also countersue plaintiffs if they have experienced mental anguish, blame, torment, and loss of name and income due to any unfortunate circumstance where a person has died. It will be up to the attorney or firm to decide who they will represent.

Types of Wrongful Death Cases

In order to file a wrongful death claim with a Parkersburg law firm, you must first understand the different types of cases or lawsuits available. This is imperative since it will protect your legal rights while ensuring the parties responsible are sued in a timely manner – and especially before statute of limitations run out. According to Parkersburg car wreck and wrongful death attorneys, the following are considered the most common types of claims:

Car Accidents

With over 300,000 lives lost each year due to car accidents, automobile wrecks are definitely the most common and recurring claim filed by family members or friends. After accidents, injured drivers, passengers, and especially family members are left to deal with medical bills, insurmountable debts, and especially loss of household incomes. Wrongful death claims – especially when a family member has died – usually happens as a result of:

  • Negligent driving and speeding on the part of the offender.
  • Reckless driving, DUI, or DWI.
  • Distracted driving –texting.
  • Road defects, road repairs, or construction activities.
  • Automobile defects where the manufacturers of the vehicle are held accountable.

Truck Accidents

While under the auto wreck umbrella, truck accidents are considered more deadly and lethal. This is due to the size and weight of the truck in question – i.e. semi-trucks. These powerful trucks can seriously injure or even kill passengers if an accident with a smaller car occurs. In fact, there are several ways trucks can cause bodily harm, injuries, or wrongful deaths, including but not limited to:

  • Aggressive driving or road rage – cutting off smaller cars, motorcyclists, or other motorists.
  • Driving error and negligence – including failing to signal during lane changes, fatigue driving, or even jackknifing).
  • Driving recklessly during torrential downpours, storms, or adverse conditions.
  • Driving and swaying due to overweight loads.
  • Trucks that have mechanical defects – drivers and manufacturers will both be held accountable – especially if they knew of these defects and did nothing to resolve or repair them.
  • DUI, DWI, or driving while under the influence of medications.

There are other wrongful death claims as well. These stem from medical malpractice suits, workplace accidents, defective products, motorcycle accidents, and even slips and falls at residential or commercial establishments. Parkersburg attorneys handle all types of wrongful death cases – and work diligently to ensure favorable outcomes for those filing claims. In cases of defendants that feel they are innocent and are victims themselves – they too will receive top legal aid and representation against unjust or unlawful claims.

Why Wrongful Death Lawsuits are Important?

Wrongful death lawsuits are very important to family members that have lost loved ones. In fact, families rely on settlements to pay outstanding medical bills, funeral costs, and missed incomes. However, these cases are not about just securing compensation for fees and expenses. They are also designed to hold individuals, companies, and even employers responsible for their actions. Remember, negligence is also an action – and is never an excuse for any defendant saying he or she did not know what could have happened. Parkersburg attorneys have the skills to make sure defendants are found guilty in a court of law – while securing restitution for family members dealing the financial and emotional aftermath of a loved one’s passing.

If you have suffered the loss of a loved one due to another’s negligence, Parkersburg attorneys can truly help you and your families get what is owed. From wrongful death to personal injury cases and workman’s compensation, we are committed to getting families the justice they deserve. All it takes is a simple phone call or e-mail to schedule a complimentary consultation and get the services you need. Do not let the passing of your loved one due to another’s negligence go in vain. Please contact our office today.