5 Common Causes of Wrongful Death

 

Wrongful death can be categorized as occurring when someone is killed due to another person’s negligent act, and a wrongful death lawsuit seeks to compensate the families of those who are killed. Surviving spouses, parents, or children can file a suit against any person or entity alleged to have caused the wrongful death of their loved one, and some states even allow extended family like grandparents to do the same.

Causes of wrongful death can be nearly anything, but these are the most common that arise in these lawsuits:

Automobile Accidents

Distracted, drunk, impaired, or aggressive drivers, as well as road construction and pedestrian fatalities are some of the most common causes of death in the United States, and are the most common causes of wrongful death lawsuits.

Product Liability

Product designers, manufacturers, and sellers are required to minimize the risk of harm of their products to the consumer. Deaths that result from a faulty design, defective manufacturing process, or failure to warn of danger associated with using a product can be grounds for a wrongful death suit.

Work-Related Accidents

Deaths that occur in the workplace as a result of negligence can be cause for a lawsuit, especially if the death is due to unsafe work environments, fire or explosion, faulty equipment, or improper training.

Negligence of others:

  • electrocution
  • fire
  • dangerous property conditions
  • work accidents
  • commercial truck accidents

Medical Malpractice

When medical professionals fail to uphold an appropriate level of care resulting in the death of a patient, the family of the deceased can seek a wrongful death lawsuit based on evidence that points to prescription error, misdiagnosis, emergency room error, surgical injury, delayed diagnosis, or even medical equipment malfunction in some cases.
If a loved one has been killed due to the negligent actions of another, don’t hesitate in calling the offices of Lanzotti & Rau. We will do everything possible to get you the compensation you deserve. Call us today at 573.335.9300 to schedule your complimentary consultation.

Common Types of Medical Malpractice Cases

 

Patient-safety researchers have determined that medical errors and malpractice are now the third leading cause of death in the United States, with nearly 200,000 deaths across the nation among Medicare beneficiaries alone reported in 2008. It is estimated that this number is higher today, after taking into consideration the increase in hospital admissions. Most medical error cases fall into the following categories: misdiagnosis, surgical error, incorrect medication prescription or dosage, or gynecological error.

Misdiagnosis

One of the most common medical errors, misdiagnosis is often a result of negligence or incorrect thought process as opposed to a unique case or disease. Misdiagnosis cases tend not to gather as much publicity as surgical errors which are the subjects of horror stories around the world but can be just as dangerous and deadly. Diagnostic errors can sometimes be complicated, and may not be detected for years, if at all.

Incorrect Medication Handling

Incorrectly prescribing or dosing medications can stem from errors by physicians, nurses, pharmacists, or pharmacy staff. These errors can be anything from an incorrectly labeled medication to the dispensation of the wrong medicine. According to date from the Academy of Managed Care Pharmacy, errors with medication dispensation harm well over a million people annually.

Gynecological Errors

Medical errors related to childbirth include a wide range of complications, from negligence during prenatal care, to errors during childbirth. Some common issues include failing to recognize a high-risk pregnancy, failing to identify an ectopic pregnancy, misuse of delivery tools, and failure to respond to signs of fetal distress promptly.

If you or a loved one has been a victim of medical malpractice, the team at Lanzotti & Rau can help. We go to every length to ensure that you receive the compensation that you deserve so that you can retain your quality of life while focusing on your recovery. Contact us today at 573.335.9300 with any questions regarding our medical malpractice services.

Tips for Safe Winter Driving

 

Winter is fast approaching, and for those who live in areas that see snow, this means a more challenging time behind the wheel. Show, ice, and slush are involved in nearly 25 percent of all vehicle crashes. Conditions like these make it difficult for drivers to see, stop, and remain in total control of their vehicle – all of which are contributing factors to the high numbers of accidents annually.

Though it’s best to avoid driving when possible, if you must travel in winter conditions, preparing in advance can help keep you safe. The following are three key ways in which you can prepare for what mother nature might throw at you on the road this winter.

Prepare Your Vehicle 

As the first snow of the year approaches, you should make sure your car is stocked with things like a winter driving survival kit which includes an ice scraper, snow shovel, can of deicing fluid and a gritting agent like salt or sand. With an emergency kit, you’ll be able to prepare your car for winter driving even if you aren’t home. Now is also the time to check your tires to ensure they’re in good condition, or to replace them with winter tires.

Make a habit of keeping at least half a tank of gas in your car at all times during the winter as well, so in the event that you do get stuck, you’ll be able to keep the car running to stay warm. Windshield wipers are one of the most neglected but most important parts of winter driving, so keep them in good shape to ensure you can see.

Watch the Weather 

If you do need to travel while there is snow on the ground, always monitor road and weather conditions before you leave. A little bit of planning goes a long way, and while it may seem like an inconvenience at first, it’s much preferred to potentially being stuck in hazardous conditions.

If You Do Get Stuck

If you do venture out into the weather and run into problems, the most important thing to do is ensure your safety. If your car is out of traffic and not in danger, you should remain in the vehicle while you wait for assistance. To keep fuel consumption and the risk of carbon monoxide intrusion into the car as low as possible, run the car for 10 minutes each hour to stay warm – but make sure the tip of your exhaust isn’t covered by snow or ice.

Driving in severe winter conditions is not easy, and for the novice driver, can be downright dangerous. Keep your speeds down, don’t follow the car in front of you closely, and always wear your seatbelt. If your travel plans will take you out into remote areas with little or no cell phone coverage, consider telling people your route so if you’re late, first responders will be able to find you easily.

Who Are The Highest Risk Drivers?

 

Who Are The Highest Risk Drivers?

There’s no shortage of thoughts about who the riskiest, most unsafe, or highest risk drivers are on the road. While there are stereotypes about who these people are, government statistics have found that certain groups of people are disproportionately more likely to get into a car accident than others.

Missouri Car Accident Statistics

The Missouri State Highway Patrol provides detailed information on car accidents each year in Missouri. These reports examine various contributing factors including age, sex, socioeconomic demographic, and other influences like driver intoxication.

Recent data for the state of Missouri found:

  • Total Accidents, Statewide: 142,966
  • Total Fatalities, Statewide: 786
  • Total Injuries, Statewide: 51,060

Of all the accidents each year in Missouri, which group of people is most responsible for them?

Young Drivers

Statistics have proven that young drivers are among the most likely to be involved in a car accident. In fact:

  • Traffic accidents are the number one cause of death for people 15-20 years old
  • In 2013, three out of four teenage vehicle occupants who were killed in traffic accidents were not wearing a seatbelt
  • A survey on seat belt usage revealed that 67% of Missouri teenagers wear their seat belt, but 70% of those who were involved in an accident and did not, were killed.
  • In 2013, 20% of all traffic crashes involved a driver under the age of 21

While car accident statistics have been steadily declining for years, there is still much room for improvement. If you’ve been involved in a car accident in the Southeast Missouri area, let the Lanzotti & Rau team help recover the compensation you deserve. To begin discussing your situation, schedule a consultation with us today at 573.335.9300.

Distracted Driving Auto Injuries

 

With the rapid advancement of technology each year, distracted driving has become one of the most common causes of car accidents in the United States. Whether it be from handheld electronics, eating while driving, or even in-car entertainment systems, the number of drivers not paying enough attention to the road is on the rise, and it’s putting everybody around them in danger.

What is distracted driving?

When you think of distracted driving, the chances are good that you’re thinking of somebody texting while driving. While this is a form of distracted driving, the term covers a wide range of actions that prevent a driver from keeping their eyes on the road or maintaining complete control over their vehicle. Many types of distracted driving have always existed, but with handheld technology always evolving, the issue has gathered more attention than ever.

Some common sources of distractions include:

  • Smartphones – talking, texting, music streaming,
  • GPS navigation systems
  • Radio/in-car entertainment
  • Other passengers
  • Eating while driving
  • Grooming/putting on makeup

Injured by a distracted driver?

Texting and driving is perhaps the most common form of distracted driving, but even reaching down to pick something up off the floor of the car can cause an accident. If you or a loved one has been injured due to the actions of a distracted driver, don’t hesitate in calling the offices of Lanzotti & Rau. We will do everything possible to get you the compensation you deserve. If you’ve fallen victim to a distracted driver, let the team at Lanzotti & Rau help. Call us today at 573.335.9300 to schedule your complimentary consultation.

First Steps to Take After a Car Accident

 

When you’re involved in a car accident, the minutes immediately following the incident can be very emotional. It is critical to keep your cool though, as there are important things you need to do at the scene of the accident, and shortly afterward. We know that in the post-accident chaos it can be difficult to think straight, which is why we recommend printing out  the following list of items, and storing them in your car just in case.

Do Not Leave the Scene

Never leave the scene of an accident before it is safe to do so, or before being cleared by any police on the scene. Leaving the scene of an accident, especially one where somebody has been injured or killed, can have very serious repercussions and criminal penalties.

Check on the Vehicle’s Occupants

The first step after a car accident should always be checking on the condition of all occupants within the vehicle. Call for medical attention for anybody who needs it, and do not move a person who is unconscious or has neck and back pain unless there is an imminent safety hazard.

Call the Police

If there is injury or significant property damage, you need to make sure the police are called. As that a police report be filed, and record the names and badge numbers of the responding officers for your records.

Exchange Information

In the event of a multi-car accident, get the names, phone numbers, addresses, drivers’ license numbers, license plate numbers, and insurance information of the other party involved. If there are passengers in the other vehicle, obtain their names, phone numbers, and addresses as well. Always try and keep your cool when talking to other drivers.

Take Photographs

Photograph any damage to your vehicle or property as soon as possible after an accident. This sort of evidence helps your insurance company determine the proper compensation for the damage to your vehicle, and can help in court. Having pictures available of your vehicle before it was damaged can help create a helpful contrast to show the extent of the damage sustained.

Hire an Attorney

If any injuries were sustained, or your vehicle was badly damaged, it’s best to consult with an experienced law firm like Lanzotti & Rau. An experienced attorney can help recover the maximum amount possible if you are injured or better defend you if you are found to be at fault. We understand how stressful and traumatic a car accident can be, and we would be honored if you would allow us to help you in your time of need. Contact us today at 573-335-9300 today!