What to Do if Confronted with a Wrongful Death

Posted on | Thursday, September 23, 2010 | No Comments

Wrongful death is a generally accepted description for the consequence of taking the life of an individual resulting from the willful or negligent act of another person or persons. If a person is killed due to neglect or wrongful conduct of a person or persons, the decedent's beneficiaries and/or survivors may file a wrongful death action against the tortfeasor or those responsible for the death.

Unlike criminal prosecutions, which are brought by the government, private citizens bring about tort actions. Statutes govern this area of tort law, and wrongful death statutes vary from state to state. However, these days every state has some form of wrongful death statute in place. Generally, statutes define who may sue for wrongful death and any limitations to an award for damages.

Some forms of wrongful death may include:

- Negligence such as careless driving
- Slip and fall accidents
- Defective products
- Intentional attacks such as assault and/or battery
- Medical malpractice
- Death in the course of another crime
- Vehicular manslaughter
- Manslaughter
- Murder

A wrongful death claim generally consists of four elements:

- The death was caused, in whole or part, by the defendant's conduct
- The defendant was negligent or strictly liable for the victim's death
- There are survivors and/or beneficiaries to the victim
- Monetary damages have resulted from the victim's death

However, there are remedies for tortuous actions, including monetary damages and injunctions, which are court orders forbidding particular conduct. If you believe a loved one is the victim of a wrongful death, the first thing you should do is to contact an attorney experienced in wrongful death who will fight for the compensation you and your family deserve. A few of these compensations may include:

- Expenses incurred by the death of the victim (medical, funeral, etc.)
- Loss of future earnings anticipated over the lifetime of the victim
- Benefits lost due to the victim's death (medical insurance, pension or retirement funds, etc.)
- Survivor's pain, suffering and mental anguish caused by the loss of the victim
- Companionship, care or protection lost due to the absence of the victim
- General and punitive damages

As stated previously, states vary on this topic, but generally, it is stated that immediate family (spouse, children and parents) may claim a wrongful death action against a tortfeasor. In some states, grandparents, legal dependants and even extended family may file. Also be advised that there is immunity against other family members. Family members cannot file a wrongful death claim against another family member. With each state possessing variations on this law, contact someone who will help you understand these law variations and your rights as a survivor.

States also have varying time limitations for filing a claim of this sort. Don't hesitate if you are a survivor to a wrongful death. Immediately contact an experienced Colorado attorney who will take the time to listen to your situation, ensure the protection of your rights as a survivor and get you the necessary compensation needed during this troubled time. It can be very discerning to learn of this type of news.

Having a competent wrongful death attorney to help you cope with such a shocking and difficult tragedy and to help guide you in the direction towards the justice deserved can greatly impact the level of support you and your family can expect to receive both at present and in and in the future. Don't take on the insurance companies and corporations alone, you can be sure they have hired a team of wrongful death attorneys in preparing to refute your claims and deny responsibility in the death of your loved one!

Authored By Chuck Matthews

Are You Getting Paid for All the Work You Do?

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Unless you are specifically classified as an "exempt" worker, the Fair Labor Standards Act (FLSA) protects many of your rights as an employee. One of those rights is to ensure that you are getting paid what is legally due you.

What If You Earn Tips on Your Job?

If you are for example, a bartender, waitress, or waiter, then part of your income probably depends on your tips.

If you receive tips as part of your job compensation, as of July 24, 2009, the total of your tips plus your minimum hourly wage rate of $2.13 must add up to at least $7.25. If not then your employer must compensate you for the difference.

Some employers require that tipped workers, such as bellhops, waitresses, bartenders, and waiters pool and then divide their tips.

This requirement applies only to the excess amount of tips that are needed to meet the minimum wage requirements.

Some employers want you to share your tips with other workers who aren't usually tipped. For example, your employer may try to make you share your tips with chefs, dishwashers, and maintenance workers. This is against the law.

There are absolutely no circumstances that require tipped employees to share their tips with any of the aforementioned workers. And it is also illegal for employers to require that tipped employees share their tips with anyone in management.

If this has happened to you and you file a complaint then your employer will be ordered to repay you for the tips that he required you to share with any non-tipped employees.

Are You Entitled to Overtime If you are a Salaried Employee?

Businesses may choose to pay their employees on a monthly, bi-weekly, weekly, daily, or hourly basis. However, unless your job is classified as exempt under the provisions of the Fair Labor Standards Act, you are entitled to be paid for all of the hours that you actually work during any given week.

If your employer refuses to pay you for overtime because you are a salaried employee then he or she is violating the law.

For example, let's say that you are hired to work as an executive assistant for a salary of $700 per week. After a very busy day you have to work an additional four hours of overtime in order to catch up. This will bring your work week up to 39 hours.

If your boss refuses to pay you for the extra four hours and says that you are a "salaried" employee, he or she is breaking the law. Because you are not classified as an exempt employee under the FLSA you are legally entitled to any overtime work that you do in any given week.

Authored By Wendy Moyer

Did Sir Ranulph Receive Special Treatment After His Road Traffic Accident?

Posted on | Wednesday, September 15, 2010 | No Comments

Adventurer Sir Ranulph Fiennes has been the subject of criticism over the last couple of days after hearing that he will escape a driving ban for causing a road traffic accident that left another motorist with serious injuries.

Sir Ranulph, 66, was returning from the 42-mile High Peak Marathon on March 6th this year when he momentarily fell asleep at the wheel of his X-type Jaguar, which struck Luigi Castaldo痴 Nissan Micra with such force that it was pitched into a roll. Although his son, a passenger in his car, was not injured, Mr Castaldo himself had to be taken to hospital after the crash and still requires help to walk.

However, in court it came to light that he was not wearing a seatbelt at the time of the accident, which undoubtedly contributed to his injuries. If Mr Castaldo is considering making a compensation claim for his injuries, this fact could work against him.

Contributory negligence often has the effect of lowering an award made by the court in the event of such an occurrence. It is obvious that, had he been wearing his seatbelt, Mr Castaldo痴 injuries would have been much lighter.

Having said that, Sir Ranulph should not be let off the hook. The former army officer, who climbed to the summit of Everest only last year, has at no point tried to excuse or deflect the blame away from himself. However, even the prosecution admitted that Sir Ranulph is not 疎 normal human being.

This argument may well be true in some ways, but on the road all standards need to be applied equally. An article in the Manchester Evening News expressed the opinion that Sir Ranulph must be treated just like any other road user. The newspaper recalls a similar defence being offered by Gary Hart, the man who caused the death of ten people in the Selby train crash when, having fallen asleep at the wheel, his Land Rover drifted off the road and on to train tracks of the East Coast main line. He had been up all night talking to woman he had befriended on the internet, and the judge branded his claim that he didn't need to sleep like other people arrogant.

In the end, the charge of dangerous driving was not brought against Sir Ranulph, with the lesser charge of driving without due care and attention being applied instead. He was fined 」1000 and his license was endorsed with four penalty points, something that angered Mr Castaldo:

"It's absolute rubbish. It sounds like they were defending him. I can believe he (the prosecution) said that.
A spokesman for the Crown Prosecution Service offered an apology, stressing that the comment was merely meant to clarify why the lesser charge was being brought, and that no offence was caused.

Sir Ranulph may have escaped serious punishment, but Mr Castaldo, as mentioned already, can make a claim for compensation to redress the balance of his life after the accident, which has left him with both physical and psychological injuries, even though his eventual award may be less than expected thanks to the reasons outlined.

Authored By Richard Craig