Schoenfeld & Schoenfeld, P.C.Schoenfeld & Schoenfeld, P.C.2024-03-07T04:38:50Zhttps://www.schoenfeldlawyers.com/feed/atom/WordPress/wp-content/uploads/sites/1401594/2020/01/cropped-favicon-32x32.jpgOn Behalf of Schoenfeld & Schoenfeld, P.C.https://www.schoenfeldlawyers.com/?p=518982023-08-15T10:50:06Z2023-08-15T10:00:24ZCommon Causes of Wrongful Death Lawsuits
Almost any personal injury that can kill someone can also generate a wrongful death claim. Following is a listing of the most common.
Vehicle accidents include car accidents, truck accidents, motorcycle accidents, pedestrian accidents, and others.
Medical malpractice: Medical malpractice is now the nation’s third-leading cause of death. Medical professionals are subject to a stringent professional standard of care. If they fail to meet this standard and if this failure kills someone, a wrongful death claim arises.
Workplace accidents: Workers’ compensation has its own wrongful death compensation system that is far less generous than the court compensation system. You can still use the courts, however, under certain circumstances.
Product liability: You might file a wrongful death lawsuit against a pharmaceutical manufacturer whose product killed your loved one.
Criminal assault: You can sue a criminal for wrongful death, but they typically lack the money to pay. If you can find a third party, such as a company that provided negligent security, however, you might be in luck.
Many other types of injury claims can generate wrongful death liability.
Who Can File a Wrongful Death Lawsuit?
The personal representative (“executor”) of the deceased victim’s probate estate can file the lawsuit. If there is a last will and testament, it probably names the victim’s choice of executor. If not, the court can appoint someone. A court will probably appoint the surviving spouse if there is one.
Compensation
You can demand the following compensation from a wrongful death defendant, to the extent they apply:
Medical expenses;
Funeral and burial expenses;
Lost earnings and benefits by the deceased (including future lost earnings);
Loss of society and companionship by surviving relatives
If the defendant’s conduct was outrageous enough, you can seek punitive damages in addition to the above-listed compensation. The court will distribute compensation based on considerations of fairness and justice. If the probate estate paid certain expenses, such as funeral and burial expenses, then the court will reimburse the estate.
The Statute of Limitations Deadline
You must file a wrongful death lawsuit, if at all, within three years of the victim’s date of death. Remember this: it is the date of death that matters, not the date of injury. If you miss the deadline, even in the midst of heated negotiations, your claim will die. After all, if you can’t take the defendant to court, what motivation have they to negotiate with you? A lawyer can help you confirm the statute of limitations deadline for your specific case.
Survival Actions
Oregon also llows the deceased victim’s estate to file lawsuits that the deceased could have filed while still alive. It does not involve the accident that killed the victim.
Almost Every Wrongful Death Claim Needs a Lawyer
How much is a human life worth? Everyone knows it’s priceless, but courts are forced to place a dollar value on it every day. That value is typically very high. That is why recovering compensation for the death of a human being is serious business. When the stakes are this high, you do yourself a disservice by failing to hire a lawyer to help you press your claim.
Contact Our Wrongful Death Attorneys in Portland, OR – [nap_names id="FIRM-NAME-1"] Attorneys at Law
If you were injured in an accident in Portland, OR, please contact our Portland wrongful death lawyers at [nap_names id="FIRM-NAME-1"] to schedule a free consultation today.
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]]>On Behalf of Schoenfeld & Schoenfeld, P.C.https://www.schoenfeldlawyers.com/?p=518742023-08-08T23:10:49Z2023-08-08T22:37:05ZOn Behalf of Schoenfeld & Schoenfeld, P.C.https://www.schoenfeldlawyers.com/?p=463582020-01-29T09:44:25Z2020-01-17T06:00:00Z21% fewer fatalities from red-light running crashes.
However, fewer communities are getting red-light cameras. Their number fell from 533 in 2012 to 421 in mid-2018. During that same period, red-light running crash deaths rose 17%, though other factors are involved, such as the increased number of cars on the road.
The major reason for this decline is distrust. The public sees that cameras can be treated as merely a way to generate revenue for the city. Several safety organizations provide checklists for ensuring a successful camera program.
When car accidents arise because drivers violate traffic laws, it becomes easy to determine who was at fault. In Oregon, crash victims can recover damages when their own degree of fault is 50% or less. Of course, any degree of fault will lower the amount they recover, so victims may want legal counsel by their side to ensure a reasonable settlement covering medical bills, lost wages and more. If one cannot be achieved, the lawyer may assist with litigation.]]>On Behalf of Schoenfeld & Schoenfeld, P.C.https://www.schoenfeldlawyers.com/?p=463602020-01-29T05:36:07Z2020-01-06T06:00:00Zperform risky tasks. Called SoterSpine, the device is connected to the back of an employee's shirt. It notes every time that the employee bends or shifts position and then determines in real time if the employee is about to make a movement that's hazardous to health or safety.
The tech will beep and vibrate to prevent employees from making those risky movements. At the day's end, employees can learn from the device where they could improve. The device can even offer videos on how to avoid certain injuries.
SoterSpine is meant to be worn as part of a short, 10-to-18-day training program. It can be valuable in the greater context of microlearning, which puts the emphasis on short-term and highly specific training as opposed to classroom training.
Ergonomic injuries, such as lower back injuries caused by heavy lifting, can be covered under workers' compensation benefits. The same goes for ergonomic conditions like carpal tunnel syndrome. Unlike with a personal injury claim, a workers' compensation claim can be filed regardless of who, if anyone, was at fault. Victims may face opposition from their employers, though, so they may want to discuss their case with a lawyer. Legal counsel could assist with the filing and with any appeals.]]>On Behalf of Schoenfeld & Schoenfeld, P.C.https://www.schoenfeldlawyers.com/?p=463622020-01-29T05:36:07Z2020-01-03T06:00:00Zhelp after an accident on the job. These benefits are also available to individuals who become ill as a result of their work. In addition to coverage of your medical expenses and recovery of some of your lost wages, you also have the ability to secure certain types of support that can help you when it's time to get back to work. You do not have to navigate this transition alone.
What support do you need?
The specific types of benefits you may be able to get depend on your injuries and how they affect your ability to return to your old job. Part of a workers' compensation claim may include rehabilitation benefits, which is certain types of help you may need when your recovery is over. These benefits may be available to you whether you want to return to your old job or will need to find something new. Rehabilitation benefits may include:
Assistance with your job search
On-the-job training
Wage assessment and analysis
Resume preparation and interview preparation help
Coverage of education needs and the cost of tuition
Skills analysis and training
Assistance with Americans with Disabilities Act accommodations
These are only examples of the benefits you may be able to get through your workers' compensation claim. It is in your interests not to leave any money or support on the table, but to work diligently to secure all of the benefits available to you. Vocational rehabilitation benefits can be invaluable during your time of transitioning back to the workplace after an accident.
Your future as an employee
You may want and need to get back to work after a job-related accident, but you do not have to walk through this process alone. An experienced workers' compensation attorney can help you during this process, evaluating your case and explaining what benefits are available to you. Your legal ally can also help you pursue specific benefits you need, including rehabilitation support that can help you return to the workforce.]]>On Behalf of Schoenfeld & Schoenfeld, P.C.https://www.schoenfeldlawyers.com/?p=463642020-01-29T05:36:07Z2020-01-02T06:00:00Zadaptive cruise control and lane-keeping assist as being the two most distracting features. The former adjusts the car's speed without driver input to maintain a safe following distance while the latter moves the steering wheel to avoid lane drifting.
What makes these systems sources of distraction is not unfamiliarity. The study actually found that those less familiar with them were less likely to drive distracted. The problem is that drivers overestimate the abilities of these features. Some even assume that they make the car virtually self-driving.
Some safety advocates claim that automakers are not doing their job in educating car owners about the limitations. Both features, after all, require drivers to stay alert and keep control of the steering wheel.
A distracted driver cannot excuse themselves by saying they were unaware of their car's limitations. They could be held liable for any damages their negligent actions cause. For the victim, a successful claim could cover the cost of medical treatments, lost wages and pain and suffering. Before filing, though, the victim may want a lawyer to evaluate the case in the light of Oregon's modified comparative negligence rule.]]>On Behalf of Schoenfeld & Schoenfeld, P.C.https://www.schoenfeldlawyers.com/?p=463662020-01-29T05:36:07Z2019-12-24T06:00:00Zworker safety. It must go beyond providing training and up-to-date protective equipment and cover things like risk assessment techniques. Above all, those in leadership roles must help to shape the workplace culture into one that is more safety-oriented.
It starts with talking about safety hazards with employees. Employees should be able to identify risks and know the right ways to address them. They should also be able to report hazards without fear of retaliation.
The following are some of the other findings from the BLS. Forty percent of work-related incidents were transportation incidents, and truckers and sales workers saw the most fatalities in 2018. There were 12% more workers who died from alcohol abuse or unintentional overdosing on non-medical drugs. Lastly, there were 11% more work-related suicides.
Worker injuries and deaths can form the basis for a case under workers' compensation law. The workers' compensation program can pay for medical expenses, a percentage of lost income and even job retraining. Death benefits can cover funeral and burial expenses. Before pursuing such a case, victims or their families may want to speak with a lawyer. Legal representation may prove to be helpful in the event that the employer denies the claim since lawyers can usually assist with filing appeals.]]>On Behalf of Schoenfeld & Schoenfeld, P.C.https://www.schoenfeldlawyers.com/?p=463672020-01-29T05:36:07Z2019-12-16T06:00:00Zdrunk driving conviction and remove it after the mandatory period of use, the bills can quickly add up to thousands of dollars. However, most of that cost does not reflect the expense of the actual device but rather functions as another form of fine. Members of Congress want to make more advanced versions of the ignition interlock device standard equipment on all new cars by 2024, making the devices smaller, cheaper and more accurate along the way. The bipartisan sponsors of the Reduce Impaired Driving Everywhere (RIDE) Act of 2019 say that their proposal can save 7,000 lives every year.
The bill would provide funding for further development of interlock devices to prevent a car from being started until the driver blows a clean breath test. The technology would be ezamined every six months to one year until it was deemed technologically ready for widespread installation, with a deadline of 2024.
For now, drunk driving crashes continue to pose a major threat on the roads, leading to catastrophic injuries and lifelong disabilities. People injured in motor vehicle collisions by drunk or negligent drivers might work with a personal injury lawyer to pursue compensation for their damages.]]>On Behalf of Schoenfeld & Schoenfeld, P.C.https://www.schoenfeldlawyers.com/?p=463692020-01-29T05:36:07Z2019-12-12T06:00:00Zautomate warehousing tasks will likely eventually replace human workers with robots and artificial intelligence. In the meantime, however, there is an increase in the stress, repetitiveness and pace of warehouse jobs. There are also new hazards in the warehousing industry as companies are working with new technologies.
Worker training is one area that can help to improve and promote the safety of employees in warehouse jobs. Employers should hold safety meetings regularly to discuss the common issues that lead to time-off-work injuries. These meetings may be offered in different languages to accommodate workers who do not speak English. Meeting topics should cover hazard communications, exit hazards, respiratory protection, transmission of mechanical power and ergonomics. Companies may review the standards issued by the Occupational Safety and Health Commission for guidelines regarding lowering risk to workers.
Employees who suffer on-the-job injuries in Oregon might be entitled to recovery through the state's workers' compensation system. An attorney could help a hurt worker by gathering evidence of the circumstances of the injury or conducting witness interviews to build a claim. An attorney might put together and submit a workers' comp claim or communicate with officials on behalf of the client.]]>On Behalf of Schoenfeld & Schoenfeld, P.C.https://www.schoenfeldlawyers.com/?p=463722020-01-29T05:36:07Z2019-12-05T06:00:00Zcold stress and what do if you notice red flags in yourself or a co-worker.
Common types of cold stress
When your body loses heat faster than what it can replace it, your body will use the available heat to protect your vital organs, thereby starving your extremities of blood. Your condition will become critical if your body cannot produce enough heat to protect your vital organs. Keep a lookout for the following in yourself and your co-workers.
Frostbite
This happens when body tissues in your hands, feet, nose and ears freeze, and it could lead to amputation. Even when temperatures are not below freezing, wind chill can cause frostbite. Symptoms include the following:
The affected body parts can feel numb and hard or firmer than usual.
Look for redness of the skin, and white or gray patches can develop.
Blisters might form on the affected areas.
Hypothermia
If your body temperature drops from the normal 98.6 degrees to below 95 degrees, the following symptoms could follow:
Although often deemed insignificant, shivering can be an early warning sign of hypothermia.
As the condition deteriorates, you might stop shivering but experience slurred speech and confusion. When your breathing and heart rate slows, you could lose consciousness and, without emergency treatment, you could die.
Trench Foot
This condition is also called immersion foot, and it does not necessarily involve freezing. If you work in an environment in which your feet are cold and wet for extended periods, you might notice the following symptoms:
Even in air temperatures of 60 degrees, constantly wet feet are at risk of trench foot.
Look out for numbness in your feet, along with swelling, redness and blisters.
Once you know the red flags that indicate the start of a cold stress-related condition, you can familiarize yourself with the steps to take to prevent amputations, unconsciousness and death.
Workers' compensation
Regardless of the precautions you take, you could still be a victim of hypothermia, trench foot or frostbite. If that happens, you could land up in the hospital and miss workdays. Fortunately, the Oregon workers' compensation system will have your back. An attorney who has experience in helping injured workers to get compensation for medical expenses and lost wages can provide the necessary support and guidance while you focus on recovery and getting back to work.]]>