Wrongful death claims are distinct from personal injury lawsuits
because personal injury suits are brought by the victim. But in the case of a
wrongful death, the victim is unable to receive his or her just compensation.
A wrongful death lawsuit is technically brought by the decedent’s
estate or heirs—namely his or her spouse and children who received benefit from
the deceased during his or her life.
In order to bring a wrongful death claim, the decedent’s family members must prove that they have suffered (and will continue to suffer) financial losses as a result of the death. Damages in a wrongful death suit are based on monetary contributions the decedent was reasonably expected to make to survivors, rather than the survivors’ unique needs.
A survival action allows a decedent’s estate to make a claim for
the decedent’s injuries before he or she died. Unlike a wrongful death suit, a
survival action deals with the pain and suffering of the deceased, rather than
the pain and suffering of the surviving family members. A survival action
allows for compensation for pain and suffering in the time span between injury
For example, take a construction worker who was gravely injured in
a structural collapse. He suffered many physical injuries, emotional pain,
decreased quality of life, and lost out on several weeks of wages. He planned
to file a personal injury suit against his employer, but he died of medical
complications before being able to. A survival action allows the decedent’s
estate to collect damages for the construction worker’s pain and suffering,
lost wages, etc.
One key difference between a survival action and a wrongful death
claim is that, in survival actions, the damages recovered go the decedent’s
estate, not directly to the family members; the damages are then distributed
according to the decedent’s will (or according to state law, if there is no
Getting hurt in a slip and fall isn’t something that is ever planned. When the unexpected happens, you may be scared and confused. Here’s what’s best to do after a slip and fall accident.
1. It’s Best to Seek Medical Attention
Not only is
medical attention critical for your safety, but it’s also the first step in
building your case. When you’re hurt in a slip and fall, the best initial step
is to have your injuries documented.
Visiting a doctor immediately after your slip and fall is the best thing you
can do to create an expert record of your injuries. Seeking medical attention
quickly after a slip and fall also proves the timing of your injuries. It’s
common for the insurance companies to try to dismiss your injuries by claiming
that you must have gotten injured on another occasion. Going to the doctor
right away is the best way to prevent the other side from having any chance to
say that you got injured another way. Also, the full extent of your injuries
may not be immediately apparent to you after a slip and fall. If you have head
trauma, you may not be aware of it. There are a variety of injuries that might
be hidden to you in the aftermath of a fall. A medical expert knows what to
look for to ensure all your injured are identified. Not only is a full accounting of your injuries
critical for your recovery, but it’s also critical to building a complete case
to maximize your recovery.
2. Inspect the Scene
What caused you to
fall? Did a store have a display where someone could easily trip on it? Was
there water on the floor? Did the store let too many people in to shop at once
for a special event? The best time to try and pin down the cause of your
slip and fall is immediately after it occurs. Look around you. If you can
pinpoint the cause of your fall, you can work backward to determine what the
store owners and employees might have done differently to prevent you from
3. Take Photographs
While the jury can
listen to what witnesses have to say and visualize the scene, it’s more
powerful if the jury can look at photos. Even if you’re not sure what you’re
taking a picture of, it is best to take photos of the scene. It is best to take
photos of the floor, the area around you, and even the area that surrounds the
scene. Your attorney can help you determine what’s most important later. Photos
can be critical to show the jury that your version of events is accurate.
4. Identify Witnesses
critical to verify your version of events. If your slip and fall happens at a
business, other customers might be your best witnesses. It’s important to get
their contact information so that you can call them to testify on your behalf.
Approach witnesses and ask for their name, phone number, address, and email
address. You can even ask for a brief explanation of what they saw. When you
work with an attorney, they will follow up with witnesses quickly. They’ll ask
them for a detailed statement in writing. If there aren’t third-party
witnesses, you may still have a strong claim for recovery. However, having
witnesses in your corner is the best way to prevent the defense from trying to
deny your version of events
5. Make Official Reports
business might want you to make an accident report for their records. The best
thing for you to do is to go ahead and make the statement. Make sure you
include all vital information. Making an official report can be critical for
the timing of your claim. Having the complaint on file is often the best way to
stop the other side from claiming that you didn’t take your accident seriously
when it happened or that it didn’t happen at all.
1. Stop. As soon as it’s safe to do so,
stop your vehicle.
2. Call the Police. You may be
required to call the police if anyone has been injured, and it’s always best to
have an officer at the scene in any case.
3. Be Careful What You Say. Statements
you make at the scene to the other drivers involved in an accident almost
always do more harm than good. Its best
to wait in or by your own vehicle for the police to arrive.
Be Careful What You Don’t Say. If you are feeling any pain or discomfort after the accident its best to tell the police officer about this. Even if you are going to refuse medical attention at the scene, its best to have the police officer document any complaints you have.
4. Don’t Make Any Agreements. Striking a
deal with the other driver is almost always a bad idea. Offering
to make a deal at the scene of the accident with one of the other drivers is
the best way to hurt any future claims. The insurance company will use these statements
against you to make it appear that you are not being genuine.
Traffic experts have revealed the best times to get away over
the Easter Holiday weekend, with up to 12 million car trips expected across the
Good Friday will be the most likely day to get stuck in a
traffic jam, with a total of 4.4 million journeys being made by road.
Drivers are warned to avoid travelling on the during peak congestion
times, from late morning to the afternoon.
Instead, the RAC’s official advice is to set your
alarm clock and hit the road early, or wait until traffic has died down in
Dan Croft, incident group operations manager at traffic information service
INRIX, said: “Drivers in the UK are all too familiar with traffic jams. In
fact, the average UK driver lost more than 170 hours to congestion last year.
During peak hours over Easter, journeys could take UK drivers three times
longer than usual.
“We are predicting Good Friday will be the
worst for traffic from late morning into the afternoon. For drivers looking to
avoid the worst congestion, the best options are to travel on Saturday, set off
early in the morning and keep updated with real-time traffic data.”
A mom and daughter
day out turned into a three-year legal battle culminating in a $1.5 million arbitration
award for our client. On July 25, 2015 a sunny and warm summer day,
a SUV ran a red light and broad-sided the vehicle in which our client was a
passenger. Following the accident our client
was taken to the emergency room by ambulance where she was admitted for a
severe head injury. Following an eight-day
hospital stay our client had to undergo multiple rehabilitative therapies such
as cognitive therapy, physical therapy and speech therapy. After completing therapy our client returned
to a normal and active life where she went back to school and playing soccer
with her friends.
Less than 2% of all attorneys in New Jersey are Certified Civil Trial
Attorneys-Gregg A. Williams is one of those who has this prestigious
distinction. A certified attorney is best to represent you in a personal injury
case as they are the most experienced trial attorneys and are required to pass
a rigorous certification vetting process including additional board exams other
attorneys have not passed.
It is best to choose an attorney who focuses his or her practice on one
specific area of law, not a myriad of areas—with expansive knowledge in that
one area of law and that will best serve your needs as a client. The Law
Offices of Gregg A. Williams focuses ONLY on personal injury accident cases.
to you: It is always better to retain an attorney close to your home and in
a central location in New Jersey. The Law Offices of Gregg A. Williams is
located right in the heart of East Brunswick, right off the Exit 9 New Jersey
Turnpike. It is best to have an attorney who is close to your location.
The best attorneys are the experienced ones. The Law Offices of Gregg Williams
has over 20 years of experience practicing personal injury law. It is in your
best interests as a client to choose an attorney who not only has experience in
law, but in a specific area of law.
Home Team: It is best to have an
attorney who practices often in the court and county where your case will be
venued. Our trial attorneys have tried cases in nearly every county in the
State most frequently Middlesex County, Monmouth County, Union County, Essex
County and Somerset County.