Wrongful death refers to an action by the representative of a decedent to recover damages from the person who wrongfully killed him. The wrongful death action is a right of action which does not arise until death and is brought for the benefit of decedent’s dependents. The claim is brought by the executor or administrator of the decedent’s estate who is appointed by the probate court to bring the claim on behalf of the spouse, children, parents or other next of kin that has suffered damages by reason of the wrongful death. The purpose of a wrongful death suit is to provide relief to family members who have been injured emotionally or financially by the family member’s death. Those damages include loss of support from the decedent, loss of services of the decedent, loss of society of the decedent, loss of prospective inheritance to the decedent’s heirs-at-law, and mental anguish incurred by the beneficiaries.

In wrongful death matters, it is important that measures be taken promptly to preserve evidence, investigate the incident that gave rise to the death, obtain the appointment of an executor or administrator by the probate court, and file a lawsuit prior to the deadline imposed by the statute of limitations. These are matters we can help you with. If a loved one has been a victim of wrongful death, call Falke & Dunphy, LLC now at 937-222-3000 or 1-800-322-1410. The initial consultation in wrongful death matters is free of charge, and if we agree to accept your case, we will provide our legal services on a contingent fee basis, which means we receive legal fees only if there is a monetary award or recovery of funds. Don’t delay! Family members may have a valid claim because of the death of a loved one and be entitled to compensation, but a lawsuit must be filed before the statute of limitations expires.

Injuries at birth can be devastating for the child and all those near him or her. Birth injuries are injuries that occur to an infant either immediately prior to or during the process of childbirth. We have helped families recover millions of dollars in compensation for children and the families. We work on birth injury lawsuits, helping families investigate and understand the cause of their children’s disability and obtain maximum compensation for their child’s preventable injuries.

Every year, millions of people are involved in motor vehicle accidents – many very seriously. In fact, according to the National Highway Traffic Safety Administration, every 10 seconds, someone in the United States is involved in a car accident. In 2005, there were an estimated 6,159,000 police reported traffic crashes, in which 43,443 people were killed and 2,699,000 people were injured. Motor vehicle crashes continue to be the leading cause of injury death in the United States for people ages 3 to 33 and took the lives of 2,348 children (ages 1 to 15) and 6,964 teenagers (ages 16 to 20) in 2005. As in negligence cases generally, negligence in motor vehicle cases is the failure to exercise ordinary care, or that degree of care which reasonably prudent persons are accustomed to observe under the same or similar circumstances, depending on the place, circumstances, conditions and surroundings, so as to avoid injury to others. A motor vehicle safety statute imposes a duty upon a motorist to operate his vehicle in the same manner as would a reasonably prudent person under the circumstances. Violation of a specific statute or ordinance passed for the protection of the public is negligence per se, and where such a violation is the proximate cause of an injury not contributed to by the plaintiff, the defendant is liable. Damages for personal injury include hospital and medical expenses, loss of earnings, pain and suffering and any other damages proximately caused by the accident.

In motor vehicle accident cases, it is important that measures be taken promptly to preserve evidence, investigate the incident that gave rise to the injury, and to file a lawsuit prior to the deadline imposed by the applicable statute of limitations. These are matters we can help you with. If you or a loved one is a victim of a motor vehicle accident, call Falke & Dunphy, LLC, at 937-222-3000 or 1-800-322-1410, to speak with an attorney. The initial consultation in motor vehicle accident cases is free of charge, and if we agree to accept your case, we will provide our legal services on a contingent fee basis, which means we receive legal fees only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

In 2007, 5,154 motorcyclists were killed in traffic accidents in the U.S., an increase of 7% from 2006. In addition, over 103,000 motorcyclists were injured. Per vehicle mile traveled in 2006, motorcyclists were about 35 times more likely than passenger car occupants to die in a motor vehicle traffic crash and 8 times more likely to be injured. While motorcycles made up no more than 3% of all registered vehicles in the U.S., motorcycles account for 13% of total traffic deaths.

Accidents involving large trucks are among the most serious and most deadly in the United States. One out of nine traffic fatalities in 2007 resulted from a collision involving a large truck. In 2007, 413,000 large trucks (gross vehicle weight rating greater than 100,000 pounds) were involved in traffic crashes in the United States; 4,584 were involved in fatal crashes. A total of 4,808 people died (12 percent of all the traffic fatalities reported in 2007) and an additional 101,000 were injured in those crashes. In 2007, large trucks accounted for 8 percent of all vehicles involved in fatal crashes and 4 percent of all vehicles involved in injury and property-damage-only crashes. Seventy-five percent (75%) of fatalities in large truck crashes were occupants of other vehicles involved in the crash. Large trucks were much more likely to be involved in a fatal multiple-vehicle crash – as opposed to a fatal single-vehicle crash – than were passenger vehicles.

Since 1995, 1,509 people have died in school transportation-related crashes, an average of 137 fatalities per year, and 170 school-age pedestrians (younger than 19) have died in school transportation-related crashes. Nearly two-thirds (65%) were killed by school buses, 5 percent by vehicles functioning as school buses, and 30 percent by other vehicles involved in the crashes. Nearly one-half (49%) of all school-age pedestrians killed in school transportation-related crashes were between the ages of 5 and 7.

Damages for injury arising out of a motorcycle, truck or bus accident include hospital and medical expenses, loss of earnings, pain, and suffering and any other damages proximately caused by the accident. Damages for wrongful death arising out of a motorcycle, truck or bus accident include loss of support from the decedent, loss of services of the decedent, loss of society of the decedent, loss of prospective inheritance to the decedent’s heirs-at-law, and mental anguish incurred by the beneficiaries.

In accidents involving motorcycles, large trucks, and buses, it is important that measures be taken promptly to preserve evidence, investigate the accident, and to file a lawsuit prior to the deadline imposed by the applicable statute of limitations. These are matters we can help you with. If you or a loved one has been injured in a motorcycle, truck or bus accident caused by the carelessness of another, call Falke & Dunphy, LLC, at 937-222-3000 or 1-800-322-1410, to speak with an attorney. The initial consultation in such cases is free of charge, and if we agree to accept your case, we will provide our legal services on a contingent fee basis, which means we receive legal fees only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

In considering the liability of the owner of premises to persons who may enter thereon, the law classifies such persons as trespassers, licensees, and invitees. Invitees are those who are invited to come upon the premises, either expressly or impliedly. This category includes persons who come upon the premises for the mutual benefit of both the owner and invitee. Licensees are those who go to the property of another for their own pleasure, convenience, or benefit, with the permission or acquiescence of the landowner. Trespassers are persons who enter for their own benefit and without permission.

The rule as to invitees is that an owner or occupier of lands or premises is liable in damages to those who, using due care for their own safety, come thereon at his invitation or inducement expressly or impliedly given in conjunction with any business to be transacted with or permitted by the owner, for an injury occasioned by the unsafe condition of the premises, which is known to him and not to them, and which he negligently has allowed existing. The mere ownership of premises does not render the owner liable for injuries sustained by persons who have entered thereon; and the owner is not an insurer of such persons, even when he has invited them to enter. Nor is there any presumption of negligence on the part of the owner from the fact that an injury has been sustained by one while rightfully upon the premises. No liability may be cast upon the owner of premises to which members of the public have been invited, unless such owner fails to provide grounds, equipment, or instrumentalities reasonably safe for the purpose for which they are intended to be used and are used, and such as are generally provided for similar places of amusement. Damages for injury arising out of a slip and fall include hospital and medical expenses, loss of earnings, pain, and suffering and any other damages proximately caused by the accident.

In slip and fall cases, it is important that measures be taken promptly to preserve evidence, investigate the accident, and to file a lawsuit prior to the deadline imposed by the applicable statute of limitations. These are matters we can help you with. If you or a loved one is a victim of a slip and fall caused by the carelessness of another, call Falke & Dunphy, LLC, at 937-222-3000 or 1-800-322-1410, to speak with an attorney. The initial consultation in such is free of charge, and if we agree to accept your case, we will provide our legal services on a contingent fee basis, which means we receive legal fees only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

Product liability is the area of tort law which imposes responsibility on a manufacturer or seller for injuries caused by its product. Statutory product liability claims require a plaintiff suing a manufacturer to show that the product was defective in any one of four ways: (1) manufacture or construction; (2) design or formulation; (3) due to inadequate warning or instruction or, (4) non-conformance to a representation. A product is defective in manufacture or construction if, when it left the control of the manufacturer, it deviated in a material way from (1) the design specifications, (2) the formula, (3) the performance standards, or (4) otherwise identical units manufactured to the same design specifications, formula or performance standards. A product may be defective even though the manufacturer used due care in manufacture or construction. The plaintiff must also show that the defect was the cause of the injury suffered. Damages for injury caused by a defective product include hospital and medical expenses, loss of earnings, pain, and suffering and any other damages proximately caused by the defective product.

In a product liability claim, it is important that measures be taken promptly to preserve evidence, investigate the accident, and to file a lawsuit prior to the deadline imposed by the applicable statute of limitations. These are matters we can help you with. If you or a loved one has been injured by a defective product, call Falke & Dunphy, LLC, at 937-222-3000 or 1-800-322-1410, to speak with an attorney. The initial consultation in such matter is free of charge, and if we agree to accept your case, we will provide our legal services on a contingent fee basis, which means we receive legal fees only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.