What is a Benefit?
A benefit in personal injury law refers to financial assistance from an employer, insurer, or social program during sickness, disability, or unemployment. Examples of personal injury benefits can include financial compensation for lost wages or direct payment for medical procedures. Indirectly, benefits ensure that negligent parties are held responsible and encourage safer practices to prevent future injuries.
When discussing personal injury law, the American Bar Association (ABA) states, “Personal injury law allows an injured person to go to civil court and get a legal remedy for all losses stemming from an accident…” Benefits are one of the previously mentioned remedies for the injury that has occurred, to restore the injured person to the position they were in before the injury occurred, as much as possible, mainly when this occurs while working.
For example, if Jane slips on a wet floor and bangs her head while at work, her company is liable, and they would likely pay her medical bills. The coverage of her medical bills is a benefit Jane would receive from the company. As benefits help those injured, understanding it is essential for anyone navigating a personal injury claim, as they provide those injured with a way of restoring their lives.
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California Family Settles Civil Suit in Vehicular Manslaughter Case
Family receives undisclosed amount of money in vehicular manslaughter case settlement
The Modesto Bee reports the family of a California man who died when he was maliciously struck by a car has been awarded an undisclosed amount of money in a civil lawsuit. The man’s family sought compensation for wrongful death, loss of financial support, and payment for his funeral expenses.
The lawsuit was brought after the criminal case concluded June 14, 2010, with a jury conviction for felony hit-and-run and misdemeanor vehicular manslaughter in the 2008 attack. The deceased was found near his north Modesto house after he was hit by a car “with enough force to throw him onto the hood of his car, then off the roof,” according to testimony in the criminal case. Apparently, the attack was over loud music.
The defense attorney argued that the man acted in self-defense from a drunk and angry man who approached the other man’s vehicle and began climbing up the hood. […]
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Wrongful Death Suit Filed After Worker’s Electrocution
Nebraska’s York News-Times reports representatives of a 23-year-old York man’s estate have filed a wrongful death lawsuit claiming his work-related death by electrocution on August 21, 2009 was preventable.
The young man was employed by Crane Grain Services LLC when he was injured and later died. According to the suit, an improperly wired flexible cord was being used at the time and the company used damaged ladders and did not train workers on ladder use.
The petition alleges Nebraskaland Electric “failed to provide a 240 GFCI receptacle outlet, failed to provide adequate electrical safety testing, inspecting and supervision for all electrical cords and components attached to the electrical power and failed to remove all unsafe electrical equipment attached to the power source” following electrical work they did at the site.
The estate is seeking damages “for the exclusive benefit” of the deceased man’s young son who has suffered general damages for loss of services, […]
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Uneasiness Persists About Marcellus Shale Operations
Some Pennsylvania property owners don’t like the idea of living next to a drilling rig and want their local governments to use zoning regulations to prevent the development of natural gas wells.
But local government leaders’ hands are tied to a great extent by a state law called the Pennsylvania Oil and Gas Act. The state law preempts local regulation of gas wells and extraction and gives the regulatory authority to the Pennsylvania Department of Environmental Protection. Local regulations may not apply to the location of a well, well site safety or even protection of the water supply.
The pressing questions of which local municipal regulations still apply and which are preempted are still being sorted out by the courts.
Natural gas drilling and extraction from the Marcellus Shale poses rewards and hazards for Pennsylvania communities. While there is the potential for significant economic benefit, […]
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