Tips for What to Do After a Boating Accident

Just as with driving an automobile on land, boat operators have a responsibility to follow certain protocol in the event of a boating accident, particularly if the accident results in injury, death or serious property damage.

As the operator of a boat, if you are involved in a boating accident, alert authorities and be prepared to submit a written report in the event of:

• A fatal accident
• A medical injury that requires attention
• Property damage of $500 or greater
• The disappearance of someone aboard the vessel

If you are involved in a boating accident these are the basic rules to keep in mind:

• Do not leave the scene of the accident
• Cut the power to the engine, or otherwise halt the vesselAssess the scene of the accident for injuries and assist anyone that is in danger
• Do not do anything that would further endanger your passengers or craft, i.e., overloading your craft with people or cargo from a wrecked vessel
• Provide written information with your name, address and vessel ID to any injured party, or owner of damaged property
• Do not admit fault, and report the incident to the proper authorities and your insurance company in a timely manner

If you have been injured in a boating accident, contact a personal injury attorney so you can get compensation for your injuries. Start by completing our short questionnaire. Whocanisue.com has the largest directory of trained personal injury attorneys on the Web! Find an experienced personal injury lawyer in your area now.

Wrongful Death Cases: Who is Liable?

Determining liability in fatal accidents is the first step families can take toward collecting damages related to the loss of a loved one. If a friend or family member has died due to the negligence of someone entrusted with his or her care, you may have the basis for a wrongful death lawsuit.

Wrongful death damages can be awarded for: 

• Loss of wages of the deceased person
• Personal suffering due to loss of parental guidance
• Court costs, attorney and medical fees 

In certain cases, you may seek damages if you have lost a loved one due to surgical error, police brutality or personal negligence resulting in fatality. 

Since state law controls what evidence must be presented and how negligence is defined in a particular jurisdiction, an attorney in your area will best be able to inform you about your chances for a judgment and award.

 Even if you do have a case, the possibility of winning the hearts and minds of jurors may rest on whose testimony you can obtain. The current state of the court’s decisions regarding tort law must also be taken into account. 

If a lawyer decides not to take your case, it doesn’t necessarily mean that your loved one was not the victim of wrongful death. It may be that the particular circumstances of your case can’t be successfully proven at the time and in the state in which you reside. 

Individual Liability in Accidental Death 

If you have been involved in the cause of a lethal accident, or think that you may be liable, consult a wrongful death lawyer right away. Mitigating circumstances may show that you are not at fault. The victim may bear some responsibility due to drug or alcohol use, or conditions may be considered natural “acts of God,” such as weather-related accidents. 

The burden of proof is on the plaintiff bringing civil charges of wrongful death. In the event of medical malpractice, expert field witnesses will have to confirm that you violated current “best care” standards. 

If you believe that your part in an accident was simply bad luck instead of overt negligence, consult a legal professional. You may still be held liable if either evidence or testimony can be biased in the victim’s favor. 

For a list of qualified wrongful death attorneys in your area, complete our short questionnaire.

Are You the Victim of a Slip and Fall Accident?

Slip and fall accidents are serious, and if you have recently suffered an injured as the result of a fall while on the job, in a public space, or while at home, you might be facing surgery, prolonged home rest, and therapy. You should not wait until your health has improved before taking action and learning about your legal rights.

Common Slip and Fall Injuries

If you have been injured in a slip-fall, you might feel like you’re the only person who is suffering. Since more than 8 million people in the United States alone are hurt in slip-fall injuries, your situation may be more common than you think.

The resulting injuries, however, can vary widely, including:

• Strains and sprains
• Separation of the shoulder
• Nerve damage
• Broken bones
• Head injury
• Dislocation of the shoulder
• Tissue damage such as bruising, scraping, or tearing 

Your Employer’s Responsibility

Your place of work might look like any typical office, but it’s possible that slight damage to stairs, flooring, elevators, escalators, and parking lots could have caused your slip and fall injury.  

If you were hurt in the workplace, consider these warning signs of unsafe conditions: 

• Failure to provide appropriate signage warning employees of possible slip-falls
• Leaving a floor partially untreated
• Applying wax or other shine products to an inclined floor
• Using too much polish or wax
• Ignoring proper barricade techniques for exceptionally wet or slippery floors
• Leaving elevators and escalators in any form of disrepair, including mechanical issues that may cause an elevator to “jerk” while in motion
• Keeping stairways in use with broken, warped, worn, or rounded steps
• Failing to provide a handrail for stairways

Learn more about slip-fall accidents, causes, and how to get in touch with a legal professional after a fall.

Family Pursues Civil Lawsuit After Motorcycle Crash

The family of a deceased North Carolina man offered forgiveness to the negligent driver who caused the April 2009 motorcycle crash that killed their son, Stanley Torr Barnes. 

The accident demonstrates some of the most terrifying safety concerns for motorcycle drivers.

Jason Albert Smith was intoxicated by alcohol at the time of the accident and according to the Star News, he turned his car left in front of Barnes’ motorcycle. Many serious and fatal motorcycle accidents involve alcohol or a vehicle turning left into the path of a motorcycle.

Smith left the scene of the crime and returned later to turn himself over to authorities. In September 2009, Smith pleaded guilty to “one count each of felony death and hit and run resulting in serious bodily injury or death.”

Smith’s sentence includes: 

• 120 days in jail (with 25-27 months of the sentence suspended)
• Three years probation
• Loss of driver’s license
• $1,000 fine
• 50 hours of community service  

At Smith’s trial, the family of the motorcycle accident victim offered forgiveness to Smith, but they have expressed their intention to seek financial restitution in the form of a wrongful death lawsuit. If you have lost a loved one or family member in a similar accident, you might also have questions about liability and your rights. 

When selecting a personal injury attorney you’ll want to ask critical questions such as: how long have you been practicing law; do you have experience with motorcycle accident cases; what is the biggest settlement or verdict you have won?  

Whocanisue.com has the largest directory of trained personal injury attorneys on the Web! Find an experienced personal injury lawyer in your area now!

Life Jacket Use and Boating Accidents

Boating accident injuries can be minimized or even avoided by the use of properly fitting personal flotation devices (PFDs), or life jackets. Their use is required by maritime law on some types of recreational vessels of a certain size, but it is highly recommended by boat safety groups all the time while on the water.

This includes while the boat is docked or while fishing, when up to 30% of boaters claim to not wear PFDs. If you were injured in a boating accident in which there weren’t enough PFDs for passengers, or if defective equipment put you in danger, you can file a personal injury lawsuit.

Visit our library to learn more about boating accidents.

When selecting a personal injury attorney you’ll want to ask critical questions such as: how long have you been practicing law; do you have experience with maritime cases; what is the biggest settlement or verdict you have won? Whocanisue.com has the largest directory of trained personal injury attorneys on the Web! Find an experienced personal injury lawyer in your area now!

How to Avoid Fraud When Filing for Bankruptcy

Filing for bankruptcy can be a very daunting and stressful task. Because the laws are complicated and several divisions of bankruptcy law exist, it is easy to see how a debtor could make a mistake while filing for bankruptcy.

In order to avoid inadvertently committing bankruptcy fraud, enlist the help of an experienced bankruptcy lawyer to guide you through the process. Other tips on how to avoid bankruptcy fraud include:

Check for accuracy on your bankruptcy filing forms before signing your name and submitting

• Be sure the forms are complete
• Do not omit any assets or income 

Visit our library to learn more about bankruptcy, including filing for bankruptcy protection, and different bankruptcy options.

Bankruptcy law is complicated and can vary from state to state. It is important to speak with an attorney who specializes in bankruptcy law before making any hasty decisions. Whocanisue.com can help you find an experienced bankruptcy attorney in your area.

Prevent Slip and Fall Accidents in Children for Future Bone Health

Has your child ever suffered a slip and fall accident while running by the swimming pool? Skidding on spilled milk at the school cafeteria? Tripping over an unsecured rug at home? Children and the elderly are at special risk for balance-related accidents. Seniors are more prone to hip and shoulder injuries, while kids tend to fracture arms and wrists.

Accidents don’t have to result in injuries, some of which may lead to surgery or lawsuits. You can learn to identify hazardous environments and to take preventive measures to protect your kids. Preserving their bone health now can reduce their risk of problems as they age.

 Strong Bones Discourage Slip and Fall Injuries 

Getting adequate exercise strengthens growing bones and muscles. Well-toned muscles can improve balance and reflex action in the event of a slip, and possibly prevent a fall. If your youngster does take a tumble, stronger bones will be less likely to fracture. In the event of a severe blow, however, a broken bone that is otherwise healthy will mend better and more fully. The Center for Disease Control offers guidelines on exercise and diet for healthy bones in every age group. 

Physical fitness will only get your child so far in avoiding slip and falls, though. Obstacles and wet surfaces in the environment will generate a number of spills. Running, jumping, and playing raise the danger of a bone fracture or head injury caused by a fall. 

“Bone up” on the risks of swimming pools, bathrooms, and floor spills at the American Academy of Pediatrics.

Motorcycle Accidents and Post-Traumatic Stress Disorder

The after-effects of a motorcycle accident aren’t limited to property damage and physical injuries. If you have been involved in a traumatic event, such as a motorcycle accident – particularly those caused by another driver’s negligence – you might be susceptible to psychological consequences, such as symptoms of post-traumatic stress disorder (PTSD).

Signs and symptoms of post-traumatic stress disorder include: 

• An obsessive fixation on the events of the accident
• Debilitating fears and anxiety, including intense fear of traveling in motor vehicles or driving
• Anger and stress that persist long after the accident 

If you believe that you are experiencing the symptoms of post-traumatic stress disorder, talk to your family doctor. He can help you determine the best course of action and might recommend professional treatment. 

Resources for the treatment of PTSD include: 

• Trauma counseling
• Family therapy
• Working with a clinical social worker
• Regular treatment with a psychologists or psychiatrists 

Unfortunately, treatment of post-traumatic stress disorder can be costly, particularly if you are coping with other medical bills associated with your motorcycle accident injuries. A personal injury lawyer may be able to help you get the money you will need in order to pursue qualified treatment for post-traumatic stress disorder.  

For more information about motorcycle accidents and coping with the death of a loved one, visit our library.

In addition to emotional stress, a motorcycle accident can leave you with serious personal injuries such as a head injury or brain injury. If you have been injured in a motorcycle accident, Whocanisue.com can provide a list of experienced personal injury attorneys in your area. 

A personal injury attorney can help you understand your rights and determine liability. Most states have a statute of limitations that may prohibit you from filing a lawsuit if too much time has passed.

Teen charged in fatal boating accident

Ryan Greenberg, who was charged with second-degree murder in a July 2007 fatal boating accident in Rhode Island, recently accepted responsibility for the accident victim’s death.

According to a story in the Associated Press, Ryan Greenberg was operating a boat that collided with Patrick Murphy who was knee-boarding at the time. Murphy was killed in the collision. After the boat accident that killed Murphy, Greenberg—17 years old at the time—was immediately charged with possession of alcohol and refusing to take a chemical sobriety test.

Greenberg was later charged with second-degree murder in Murphy’s death, but not until the case had played out for nearly two years. After initially denying responsibility, Greenberg eventually “pleaded no contest to a charge of reckless boating resulting in a death” and prosecutors dropped the murder charge.

Greenberg will be sentenced in July of 2009 and could face up to five years in prison.

Have you lost a loved one to a similar boating accident as a result of someone’s recklessness? If so, speak to a personal injury attorney. Whocanisue.com has the largest directory of trained personal injury attorneys on the Web! Find an experienced personal injury lawyer in your area now!

News Articles Highlight Mortgage Fraud

According to the Mortgage Fraud Reporter, the Associated Press broadcast that Dorie DiMarca, 50, of Andover, Massachusetts has been indicted for completing appraisals on numerous properties in New Hampshire and Massachusetts without the proper appraiser’s license. 

This particular report and the Department of Justice press release, state that Ms. DiMarca provided the appraisals for 22 properties in those states. The indictment alleges that Ms. DiMarca represented herself as a licensed appraiser when she, in fact, was not licensed and did not have the proper authority to conduct those appraisals.  

Ms. DiMarca has also recently been charged with two counts of wire fraud in connection to her appraisal fraud. She faces up to 20 years in prison but due to federal guidelines, if convicted will most likely serve between 4 -10 months.

This is just but one instance in the sea of thousands of mortgage fraud cases across the United States.

Learn more about mortgage fraud statistics.