What is Nursing Home Neglect?
Nursing home neglect is when patients do not receive adequate mental and physical care. Even though it may not be intentional, it is still dangerous. The health risks can be serious and should not be taken lightly. Continue reading to learn more. Causes of Nursing Home Neglect There are many reasons, both intentional and unintentional, as to why this type of neglect occurs. Either way, both are forms of elder abuse. In most cases, negligence is unintentional. Short staffing, inadequate training, and high turnover rates are common unintended causes of neglect. Employees of care centers generally want to provide proper care, but in some cases, it accidentally falls through the cracks. In rare cases, mistreatment can be intentional. Due to apathy or a more sinister reason, patients may receive substandard care. Either way, every case needs to be reported to the proper authorities. According to Nursing Home Abuse Justice, an estimated 5,000,000 people are affected by elder abuse every single year. Common Signs of Nursing Home Neglect To evaluate a nursing home’s quality of care, look for red flags that may indicate a problem. While one of these signs may not point to a pattern of neglect, seeing multiple may be cause for concern. Poor Personal Hygiene – Nursing homes help their patients with basic personal hygiene. Workers assist patients with a variety of hygienic tasks such as brushing their teeth, bathing, clipping their nails, and changing their clothes. A frequent lack of acceptable hygiene may point to neglect. Unsanitary Living Conditions – Clean and sanitary living conditions are a necessary aspect of proper care. Fresh bedding, clean bathrooms, and tidy rooms are essential aspects of adequate living conditions. If surroundings are frequently unsanitary, this may be a sign of elder abuse. Malnutrition – Nursing homes are required to provide proper nutrition to all of their patients. Mistreatment in this area can result in patient malnutrition and dehydration. When visiting a loved one, make sure that healthy foods are being served and that they are well hydrated. If not, consider this a red flag. Unexplained Injuries- Fractures, lacerations, bumps, and bruises point to potential physical abuse. If you notice any unexplained injuries on your loved one, this may be a sign of physical abuse such as hitting, kicking, and pushing. Consequences of Elder Abuse Failing to provide adequate care to patients can result in many penalties for the care center. If a single employee is neglecting patients, they can be punished or even terminated. If the neglect becomes habitual, the care center can receive civil or even criminal charges. Individuals and care centers can also receive financial penalties and may even be denied the ability to work with the elderly in the future. If Your Loved One Has Suffered Abuse, Flickinger Sutterfield & Boulton Can Help If you suspect that your loved one is a victim of nursing home neglect, Flickinger Sutterfield & Boulton is here to help you fight for the care they deserve. We strive to ensure that negligent nursing homes are held accountable for any degree of abuse or neglect. We have offices throughout Utah County and West Jordan, Utah. Schedule your free case evaluation today.
How To Prove Liability
When it comes to any personal injury claim or insurance settlement, one of the most important questions you will face is: which party is at fault? Determining fault in a personal injury claim is a crucial threshold issue because once a fault is established, the party found at fault is responsible for paying compensation to the injured party. This type of compensation is also known as “damages,” and they are paid via a negotiated settlement or court order. How Is Liability Determined? Precisely who determines fault in an injury claim often depends on the circumstances of the case. Injured parties represented by an attorney should expect their attorney to investigate the matter thoroughly. The point of the investigation is to discover all potential parties at fault and make a final liability determination. Parties who might be found liable in an injury claim usually carry liability insurance, which leads the burden of satisfying a damages award to an insurance company. Moreover, insurance companies typically conduct their investigations and make an independent liability decision. If the parties involved cannot agree on liability, they will be forced to file a personal injury lawsuit. A civil court jury will have the ultimate say of who is at fault. How Is Negligence Proven? The vast majority of injury claims occur because one of the parties acted negligently. Negligence is defined as conduct that falls below the standard of care expected of a reasonable person and causes harm to another person. Legal elements of negligence that must be proven to hold a party liable for personal injury damages are: Duty: A legal obligation that is owed to the defendant by the plaintiff must exist in every successful injury claim. For example, every driver owes a duty of care to other motorists on the road. Breach: The plaintiffs must prove that the defendant breached a legal duty. By using the example above, a violation would occur if a motorist carelessly looked down at their cellphone to text while driving. Causation: Defendants must be the cause of a plaintiff’s harm or injuries. This element is usually evident in most injury cases. For example, if the defendant’s car rear-ends the plaintiff’s car, causation can’t be in question. Damages: The plaintiff must incur actual damages that stem from the accident. These damages are usually monetary. Damages typically include lost income from time lost at work, property damage, incurred medical bills, among other types of damage. How Does the Court Prove Fault? Legal elements of negligence or strict liability are relatively straightforward but proving each one of them can be difficult. Simply put, a fault is proven in every personal injury case using the facts and evidence of that particular case. Attorneys and other parties trying to establish liability are responsible for completing a thorough investigation of the details and circumstances of an injury claim. Once these steps are completed, attorneys can make a well-informed and sound liability decision. Are you in the process of filing a personal injury liability claim? Don’t go through this rigorous process all by yourself. Contact Flickinger Sutterfield & Boulton today to work with one of our experienced personal injury lawyers.
Examples of Personal Injury Claims
A personal injury claim takes place when some are injured due to someone else’s actions. The person who caused the injury, whether intentional or not, can be held legally liable if they are guilty of neglect. Most personal injury claims are handled through an informal settlement, but in some cases, they can formalize in civil court. If an individual file a civil complaint against other persons, business, or group claiming that their actions or negligence led to a personal injury, a formal lawsuit will occur. Wrongful Death Claims In the case of wrongful death claims, any family members or dependents of the deceased that were left be behind may be financially compensated for their loss. If a person is killed because of another person or party’s negligence, they can be held legally and financially liable for the death. A wrongful death claim can only be successful if it can be proven that the defendant was negligent. The defendant’s actions have to have been negligent and directly lead to the death of the victim. Wrongful death claims can help to ease the financial burden often left behind in the case of accidental death. Premises Liability Premises liability are cases when the owner of a property may be held legally liable for any damage or injury that took place on their property due to their negligence. An injury that occurs on someone else’s property alone is not enough to file a claim, you’d need to be able to prove that the injury was due to the property owner’s negligence. For example, if there is a wet floor and no sign is posted to proceed with caution, then a fall occurs, the owner could be held liable. Slip, Trip, and Fall Claims Many slip, trip, and fall cases fall under premises liability. A slip, trip, or fall can happen anywhere, but if the owner of the property where it occurred was negligent, they can be held liable for any potential injuries. One example of this may be when a property is covered in snow and ice after a blizzard. This would make the premises very dangerous. If there has been adequate time to clear it off and the owner has neglected to do so, and someone is injured from a slip, trip, or fall, they could be charged with negligence and help liable. Auto Accidents There are often injuries involved in auto accidents. Whether it be a car, motorcycle, RV, bus, boat, or any other vehicle-related accident, it can be extremely dangerous. In these cases, the most common personal injuries are usually back and neck related or brain trauma. Similar to other personal injury cases, for a personal injury case in relation to an auto accident, the victim must prove that the defendant was negligent and that their action directly led to harm or injury. If the defendant has been proven to be at fault for the accident, they may be liable for any personal injuries you or other passengers may have occurred as a result of the incident.
Personal Injury Cases and Depositions
If you are harmed as a result of another person’s negligence, it’s important that you seek the assistance of Flickinger Sutterfield & Boulton. An experienced accident attorney and injury lawyer from our law firm can help you navigate the legal process. Depositions are an important part of building and evaluating a legal case. Our Provo, UT personal injury attorneys would like to go over the basics of depositions and why they matter. What Is a Deposition? A deposition is an out-of-court interview with a witness in a personal injury case. This sworn witness testimony becomes part of a written transcript that can be referenced while building a case and during the trial itself. Lawyers will conduct these interviews themselves rather than representatives of the court. The interviews may be conducted at a law office, in a conference room, or in other locations as needed. The Importance of Depositions As you might have gathered, depositions are an essential part of preparing for trial. Taking these witness accounts allows lawyers to learn what happened and construct the best possible case for their client. The deposition process could even lead to a settlement depending on the nature of the witness testimonies that are gathered. Establishing Consistency for the Trial Since the sworn deposition can be referenced during the trial, this can help ensure consistency in a witness’ story. If there are inconsistencies with a witness’ statements in a deposition and during a trial, this can be pointed out. This means of referencing consistency helps prevent lying and fabrications during a trial. Measuring the Strength of a Case While taking witness testimonies, lawyers can determine potential weaknesses in their case. Evaluating the strength of a case or modifying a legal strategy thanks to depositions helps ensure a fair trial, and could even lead to a legal settlement. Ultimately, consistency and soundness can be determined thanks to the deposition process. Will My Personal Injury Case Go to Trial? Not necessarily. While there are many personal injury trials each year, the vast majority of cases are settled out of court. This could happen through mediation, or it may be arrived at when lawyers decide to settle as part of the deposition process. Your attorney can determine if settlement or trial is in your best interests. How a Personal Injury Lawyer Can Help As you can imagine, the legal process presents a number of challenges to people who are not familiar with how it works. By working with a skilled lawyer, you can have peace of mind during every stage of the legal process. Your attorney will be able to tell you how strong your case is, and if it’s worth going to trial. This peace of mind can prove invaluable as you are recovering from an injury. Contact Flickinger Sutterfield & Boulton For more information about the personal injury lawsuit process and why it is so important, be sure to contact our team of personal injury lawyers. The attorneys of Flickinger Sutterfield & Boulton are here to help. You can reach our Provo office by phone at (801) 753-1616.
Personal Injury Mediation: About The Process
The Provo, UT attorneys of Flickinger Sutterfield & Boulton are more than willing to see a case through to trial. The process can be long and difficult, but we remain committed to our clients and helping them in their time of legal need. That said, many cases avoid going to trial thanks to voluntary mediation. This allows both sides of a case to potentially settle out of court. Our team of skilled personal injury lawyers have experience with trials, mediation, and settlements. We’d like to go over some considerations regarding mediation that can prove important in your case. Who Is the Mediator? A mediator is a neutral party who helps the two sides of a lawsuit reach a mutually agreeable resolution to a case, most of the time through a legal settlement. In their role, mediators cannot make decisions or offer opinions. The mediator can simply present facts, and is present to relay information between parties. Many mediators are often retired lawyers or judges, which means that they are familiar with the legal process and what could be at stake in your personal injury case. How Long Will the Mediation Process Take? This can vary from case to case. Sometimes mediation only takes a few hours, while other times it can stretch on for multiple days. Going back and forth between parties can take time, especially if each party is adamant about their position. What to Expect During the Mediation Process Some common expectations during the mediation process include: Expect to Disagree with the Opposing Side – When hearing from the opposing attorney, it’s likely you will hear an opinion of the case that’s completely at odds with the case your lawyer is presenting. This is normal and to be expected at the beginning of mediation. Expect a Process of Compromise – Both sides of the case will likely start out with different offers to resolve the case out of court. As the mediator goes back and forth between the parties, expect there to be concession and compromises made on both sides. Expect Impartiality from the Mediator – Remember that the mediator is not on anyone’s side during this process. As a neutral third party, the mediator favors no one and simply allows each side to be heard and proposals to be considered. The Benefits of Mediation Over Going to Trial There are three primary benefits of resolving a case through mediation as opposed to going to trial: Settles Matters Outside of Court – If you would prefer your case to be resolved in private without the details being made public, mediation can help keep the matters outside of the public record. This can be helpful if you would prefer certain details or personal information to not be known. Faster Resolution of a Legal Case – A full jury trial can take several months or even years to finish. The mediation process is far shorter by comparison, allowing you to have matters resolved in a much quicker fashion. Less Expensive Than a Full Trial – Since the case if resolved much quicker, that means lower legal fees for both parties. This is important to consider if a lengthy trial is expected for your case. Contact Our Personal Injury Attorneys For more information about mediation in a civil lawsuit, be sure to contact our team of personal injury lawyers. The legal team at Flickinger Sutterfield & Boulton is here to help you. You can reach our office in Provo at (801) 753-1616.
Top Causes of Personal Injury
Personal injury refers to any injury that affects the mind or body, and is caused by another person or party’s negligent or reckless actions. Victims of personal injury can file a claim against the person or party that caused the injury to seek compensation for damages. At Flickinger Sutterfield & Boulton, our attorneys have decades of experience representing clients in personal injury cases. In this blog post, we discuss some of the top causes of personal injury. To learn more, read on, and then contact our Provo, UT practice to schedule a time to have one of our attorneys review your case. Auto Accidents As most people would expect, auto accidents are the leading cause of personal injury. People are injured or die every year as a result of car, motorcycle, and truck accidents. In addition, many pedestrians are killed or injured when they are hit by automobiles. Construction Accidents There are hundreds of construction sites in and around the Provo, UT area, and thousands of workers are employed at these workplaces. Unfortunately, a high number of construction workers are injured each year as a result of defective equipment, falls from roofs or scaffolding, and other types of accidents that are common on construction sites. Medical Malpractice Believe it or not, medical malpractice is a common cause of personal injury. When people seek professional medical care, they expect to get better and experience improved health. But if the medical assistance they receive does not meet the standard of care, serious injury can occur. Medical malpractice injuries may be caused by failure to diagnose a condition, a delayed diagnosis, surgical errors, or medication errors. Dog Bites Dogs can be lovable pets, but they can also bite and seriously injure people. If you were injured by a dog bite, you may be due compensation for damages, including medical expenses for reconstructive surgery and damages for the mental anguish caused by such an event. Premises Liability If you are injured on another person or party’s property, you may be able to file a premises liability claim to reimburse you for any losses that occurred as a result of the injury. A premises liability claim may be filed when someone slips and falls as a result of wet floors, torn carpets, or uneven flooring. If you were attacked by a dog on another person’s property, we can file a claim against the homeowner’s insurance policy. Types of Personal Injury Many types of personal injury can occur, including: Brain injuries Spinal cord injuries, including paralysis Broken or fractured bones Loss of limbs Depression Post-traumatic stress disorder Internal injuries Eye injuries Speech impairment Loss of mobility Some types of injuries may be temporary, while others are permanent. In either case, a personal injury can affect your ability to work. When filing a case, we will seek compensation for all losses associated with the accident, including loss of wages, medical expenses, and pain and suffering. To find out if you have a personal injury case, contact Flickinger Sutterfield & Boulton today.
Personal Injury Cases Involving Shoulder Injuries: Types of Injuries
Shoulder injuries are difficult to treat and recovery can take years. Between surgeries and other treatments, medical expenses can pile up. If you or a loved one has suffered a shoulder injury in an auto accident or another type of accident on account of another party’s negligence, do not wait to contact the attorneys at Flickinger, Sutterfield, & Boulton in Provo, UT. We specialize in all types of personal injury cases, including joint injuries. Our team has more than 50 years of experience, and we handle personal injury cases involving shoulder injuries. We may be able to help you secure the compensation you deserve. Types of Shoulder Injuries Shoulder injuries can happen to patients of all ages. The most common types of shoulder injuries include separation, dislocation, fractures, contusions, arthritis, and tears to the rotator cuff – a group of tendons that provide stability to the shoulder joint. Bursitis is another common injury. This is the inflammation of the bursa, the fluid sac that cushions the tendons from the bone. Symptoms of Shoulder Injuries Sore muscles, aches, and chronic pain are trademark symptoms of shoulder injuries. These injuries affect the use of the arm. Swelling, tingling, numbness, pain, discoloration, changes in range of motion, and weakness can also signal shoulder injuries. The shoulder joints are some of the most movable joints in the body. The upper arm ball is larger than the socket, so to remain stable, the shoulder is anchored by muscles, tendons, and ligaments, which can result in a painful injury if strained. Personal Injury Cases Involving Shoulder Injuries Shoulder injuries can happen on account of slip and fall accidents, auto accidents, injuries in the workplace, and other types of accidents. If you suffer a shoulder injury on account of someone else’s negligence, you may be able to receive compensation for your injury. We commonly see clients with torn rotator cuffs and bursitis, among other shoulder injuries. Each of these injuries can be very painful and may require orthopedic surgery. Treatment for shoulder injuries can be expensive, especially with the costs of surgery. If your job involves the use of your shoulder, you could miss work or lose your ability to work. These are the types of factors that play a role in what amount of compensation you receive for your injury. You need a team of experts on your side that will ask the right questions and evaluate all the facts to ensure no stone is left unturned. That team is Flickinger, Sutterfield & Boulton.q22 Contact Flickinger, Sutterfield & Boulton You get more than personal injury expertise with Flickinger, Sutterfield & Boulton; you get compassionate care and over five decades of experience. There is no obligation, and we do not collect fees unless we make a settlement or recovery on your behalf. So, call us. Our number is (801) 753-1616. Send us a message on our website. Contact us today.
Personal Injury Cases and Hip Injuries: Common Injuries
Athletes and dancers are not the only ones who appreciate the true impact of a hip injury; no matter how active a lifestyle you lead, it is the type of injury that can affect your quality of life. The team of highly-skilled personal injury attorneys at Flickinger, Sutterfield, & Boulton in Provo, UT understand how devastating joint injuries like these can be. That is why they fight diligently on the behalf of injury victims to secure maximum compensation for their injuries. If you are looking for experts in personal injury cases and hip injuries, look no further. Types of Hip Injuries The hip joint allows the legs to move in various directions and provides stability to the upper body. Since the hips are critical to your ability to stand, walk, and run, injuries to them can be devastating and debilitating. Some common types of hip injuries include: Fracture: Although most common among individuals 65 years of age and older, hip fractures can happen to anyone, especially victims of motor vehicle accidents. Dislocation: When the ball atop the femur slips out of its socket, it causes severe pain and prevents you from moving your leg. A strong force is usually necessary for this injury to occur, as well. Hip Pointer: A hip pointer happens when the muscles connecting to the top of the hip tear or bruise. This can be caused by a fall, sudden turn or twist, or blow to the hip. Arthritis: Arthritis is the breakdown of hip tissues. This is often linked to age, however, it can also be caused by engaging in activities that put significant pressure on the hip joint. An Overview of Personal Injury Cases Involving Hip Injuries If you fracture, dislocate, or otherwise injure your hip on account of someone else’s negligence, you could receive compensation for your injuries. If your hip injury requires surgery, chances are you will receive greater compensation than you would for a case that did not require surgery. This is because your medical expenses, lost wages, pain, and recovery time will be greater. Whether or not you wind up with a permanent injury also plays a factor in the outcome, as does whether medical intervention and recurring treatment is necessary. The Benefits of Having an Experienced Joint Injury Attorney On Your Side Each injury and case are unique. Some injuries will take weeks to heal, others will take years or even decades, if at all. At Flickinger, Sutterfield & Boulton, we have more than half a century’s worth of combined experience fighting for victims in personal injury cases. We carefully assemble and review all of the facts and have the experience and know-how to help you secure a fair outcome. Contact Our Team of Qualified Joint Injury Attorneys Do not leave anything to chance. If you suffered a hip injury on account of another party’s negligence, you may be able to obtain compensation for your hardship. To find out more about our practice and how we can help, contact us online. You will only pay us if we make a recovery or settlement. Call today.
Personal Injury Cases Involving Elbow Injuries: Why You Need a Lawyer
Elbow injuries can occur in motor vehicle accidents when drivers or passengers hit the steering wheel, dashboard, door, or back of the seat. These injuries can also happen in construction accidents, sports, and as a result of a repetitive work injury. No matter the cause, painful and lasting joint injuries can occur. If you or a loved one has suffered an elbow injury caused by someone else’s negligence, contact Flickinger, Sutterfield, & Boulton in Provo, UT. With more than 50 combined years of experience, we know how to effectively handle personal injury cases involving elbow injuries. An Overview of Personal Injury Cases Involving Elbow Injuries The elbow is a particularly vulnerable joint. It is not protected by fat or muscle, and if it takes a hard hit, it can break or fracture. Even if the elbow does not fracture in an accident, it can become swollen and cause extreme pain. If your elbow breaks, fractures, swells, or causes you any pain at all, you owe it to yourself to contact our team of qualified personal injury attorneys. We know that these injuries can be very serious and treat your case with the seriousness it deserves. We work diligently to secure maximum compensation on your behalf. Common Elbow Injuries One of the most common elbow injuries in auto accidents involves the radius bone, which extends from the thumb side of the wrist to the outer elbow. The radial head (at the top of the radius bone) and elbow are attached and can be jammed during an accident. This can lead to muscle spasm in the surrounding tissues. The tight muscle will then tug on its tendon, resulting in lateral epicondylitis, or “tennis elbow,” as it is more commonly known. A similar syndrome called medial epicondylitis, or “golfer’s elbow,” can occur on the inside of the elbow. Why You Need an Experienced Joint Injury Lawyer The outcome of elbow injuries in car accidents vary. In some cases, injuries are relatively minor; some injuries will respond well to anti-inflammatories, gentle stretching, and ice. More severe injuries, however, can require costly surgeries and induce serious pain over an extended period of time. No matter the circumstances of your injury, you need an experienced joint injury lawyer on your side to ensure you get a fair recovery or settlement for your injury. Treatment of elbow injuries can require costly medical expenses, and you may hesitate to seek the care you need for fear of the cost, regardless if you are taking a risk by delaying treatment. At Flickinger, Sutterfield & Boulton we help you get the care you need without the stress of a big bill. Contact Our Team of Qualified Joint Injury Attorneys Our team of compassionate joint injury attorneys understand what you are going through and fight to help you regain control over your medical expenses and your life. Find out how we can help you by speaking with one of our expert attorneys. Just email us or call (801) 753-1616. There is no obligation, and we do not collect fees unless we obtain a recovery or settlement. Let us provide you the effective representation you deserve.
Personal Injury Cases and Knee Injuries
Any type of bodily injury can cause pain, temporarily limit a person’s abilities, and require downtime to adequately recover. However, joint injuries are known to be particularly damaging. Joint injuries disrupt movement and motions, and can be difficult to treat. In many cases, it takes years to fully recover from a joint injury. One of the most common types of joint injuries is a knee injury. Whether a knee injury is the result on an automobile accident, sports injury, work accident, or assault, if it was caused by the reckless or negligent actions of another person or party, that person or party should be held liable for any resulting damages. At Flickinger Sutterfield & Boulton, our experienced joint injury lawyers have represented clients in personal injury cases involving knee injuries. We have helped our Provo, UT clients receive compensation so that they can focus on their recovery, rather than worrying about financial hardships caused by the injury. Types of Knee Injuries There are many types of injuries that can impact the function of the knees. Following are the most frequent types of knee injuries that our attorneys see in personal injury cases: ACL tears: ACL, or anterior cruciate ligament, tears affect the ligament that runs along the middle of the knee. ACL tears may be partial or complete. This injury can create a sharp, intense pain. When a person suffers from an ACL tear, the joint may be unable to support the weight of the body, making walking difficult. LCL tears: An LCL tear affects the lateral collateral ligament, the ligament that stretches along the outside of the knee joint. An LCL tear commonly results in side effects such as swelling, pain, and stiffness or instability of the knee joint. Torn meniscus: The meniscus is pieces of cartilage that create a cushion between the shin bone and the thigh bone. If the meniscus is torn, people are likely to experience pain and swelling. The knee joint will also be stiff, and it may be difficult to fully extend the knee. These types of knee injuries have a significant impact on a person’s physical abilities and quality of life. Unfortunately, torn ligaments and cartilage do not heal on their own. In many cases, orthopedic surgery is required to adequately treat a knee injury. Surgery is likely to be followed by months of physical therapy and healing. Damages from Knee Injuries The damage caused by a knee injury can be severe. There is obvious physical pain related to knee injuries. However, the financial strain of a knee injury can also be serious. The costs of surgery, medical treatment, physical therapy, and other expenses quickly add up. This is especially true if the injury victim is uninsured. Many people must take time off of work while they recover from their injuries, further impacting finances. Finally, these injuries can have an emotional impact. It can be extremely disheartening to go from being a healthy, active individual to one suffering with a long-term injury. If a knee injury was caused by the reckless or negligent actions of another person or party, a personal injury lawsuit should be filed. Our attorneys will gather the evidence needed to prove liability so that injury victim can be compensated for the full extent of losses. Learn More If you are suffering from a knee injury that you believe was caused by another person or party, you may be eligible to file a personal injury lawsuit. Contact us at your earliest convenience to learn more about your legal right to financial compensation. The experienced lawyers at Flickinger Sutterfield & Boulton look forward to working with you.
Wrongful Death and Loss of Income
The financial struggles that often accompany the death of a loved one can make an already difficult time seem unbearable. Whether your loved one was the sole provider in your family or you shared the cost of expenses evenly, the death could leave you struggling financially. Our attorneys at Flickinger Sutterfield & Boulton in Provo, UT understand how stressful the loss of a loved one can be. If your loved one’s death was caused by someone else’s negligence, we can help you file a wrongful death claim to recoup that loss of income. Wrongful death and loss of income is just one of many types of damages our attorneys can help you pursue to hold the other party responsible. Who Can File a Wrongful Death and Loss of Income Claim? Loss of income damages is generally awarded to the deceased’s dependents whom he or she provided financial support. This may include a spouse, children, and even parents or grandparents. Generally, a representative for the deceased’s estate, which may be a spouse, files the claim on behalf of all potential beneficiaries. How Are Loss of Income Damages Calculated? First, the family must provide proof of the deceased’s income and the amount of support provided. The amount of “support” each dependent receives depends on a number of factors. First, you must look at what the deceased earned previously and his or her projected earning capacity up until retirement. Financial experts may be called on to more accurately calculate estimates such as raises and promotions. The amount of support the deceased provided to his or her dependents will also play a role. If the deceased was the sole provider, the surviving spouse may receive support through retirement (age 65). If both spouses worked, the surviving spouse must provide proof of the support the deceased provided previously. Minor children can receive support through the age of 18. In some cases, children can also receive support for college if there is sufficient evidence to prove the deceased would have contributed to the child’s higher education. Why Do I Need a Lawyer? Wrongful death claims are inherently complex, to begin with, but determining a loved one’s potential earning capacity is best left to the experts. At Flickinger Sutterfield & Boulton, our attorneys work with several financial experts to provide all the necessary proof of your loved one’s earnings and support, and also their potential earning capacity. They will look at your loved one’s education level, employment history, and other factors that might have affected his or her future income. Our attorneys will ensure that the needs of all dependents are met in an effort to help restore your financial security during this difficult time. Call Our Law Firm to Speak with an Attorney If you lost a loved one in an accident caused by another party’s negligent or reckless actions, contact us today to speak with an attorney about filing a wrongful death claim. They will review the details of your claim and discuss your eligibility for damages.
Who Can File a Wrongful Death and Loss of Consortium Claim?
If you lost a loved one due to fatal injuries in an accident caused by another party’s negligence or misdeeds, you may have a wrongful death and loss of consortium claim. The attorneys at Flickinger Sutterfield & Boulton in Provo, UT can help you understand your rights and will review your wrongful death case in detail to determine if you are eligible for compensation. If you are, they will provide you with the legal representation needed to successfully file and receive compensation for your loss of consortium. What Is Loss of Consortium? In wrongful death cases, loss of consortium refers to the damages the surviving spouse suffers. These damages account for the non-economic support the deceased provided to his or her spouse and family. After a loved one’s death, the surviving spouse loses the companionship, love, affection, and emotional support that were previously enjoyed in the marriage. Who Can File a Wrongful Death and Loss of Consortium Claim? In most cases, the surviving spouse is the only party who can file a loss of consortium claim. In limited circumstances, a parent or child may have the right to file such a claim. If you are unsure whether you can file a wrongful death and loss of consortium claim, one of our attorneys can evaluate your case and determine whether you are eligible for such compensation. It is important to note that laws regarding wrongful death and loss of consortium vary from state to state, so it is essential that you work with an experienced law firm like Flickinger Sutterfield & Boulton. Our attorneys have decades of experience in this area of law and will ensure your claim meets the criteria as outlined by state law. How Are Loss of Consortium Damages Calculated? These damages are more difficult to calculate because they are compensation for non-monetary losses. Compensatory damages usually cover financial losses, such as medical and funeral expenses and loss of income. Loss of consortium accounts for other categories, like shared household chores and affection. Loss of consortium damages can vary greatly depending on a variety of factors, such as each spouse’s age, length of the marriage, quality of the relationship, and more. It is also important to understand that many states limit the amount of damages a surviving spouse can collect for loss of consortium. In order to collect the maximum amount possible, you need a skilled team of attorneys on your side. Contact Our Compassionate Attorneys Today The loss of a loved one is perhaps one of the most difficult experiences a spouse must endure. The grief, loneliness, and depression, coupled with the loss of financial security can be overwhelming. Our attorneys understand what you are going through and will work with you to ease some of your stress and worry during this difficult period. We handle all wrongful death and loss of consortium claims with the personal care and attention you deserve. To meet with one of our compassionate attorneys, contact our law firm and schedule a consultation.