January 2012 Archives

Wrongful Death and Boating Accidents

January 30, 2012

Boating in the waters around Washington, D.C. and other nearby locations can be enormously fun; however, serious accidents can, and often do occur during this otherwise enjoyable activity. Some of the accidents that occur include:


  • Fatalities caused by boat collisions;

  • Injuries caused by people who are operating a boat under the influence of drugs or alcohol (BUI);

  • Death caused when a watercraft hits a swimmer; and

  • Drowning deaths caused by negligent or reckless behavior.


According to the Coast Guard, in 2010 there were 4,604 accidents; 3,153 resulted in injuries and 672 resulted in death. Additionally, there was also approximately $35 million dollars in property damage as a result of these recreational boating accidents. Operator inattention, operator inexperience, excessive speed, improper lookout and alcohol use rank as the top five contributing factors in accidents. In 2010, alcohol use was the leading factor in 127 of the accidents that resulted in a fatal injury. . Just as in driving a car, alcohol use while boating can lead to the impairment of critical skills needed in order to avoid accidents such as balance, coordination, and good judgment. Alcohol consumption can also heighten the effects of sun exposure and heat. Boaters who engage in this dangerous practice negligently put others at risk and should be held responsible for the harm they have caused.

Moreover, injuries or death can also occur due to watercraft performance issues due to faulty manufacturing or defective safety mechanisms. In these cases, the watercraft manufacturer failed to meet its duty to ensure that the craft had certain safety precautions before placing it in the marketplace. Attorneys often help shape the industry standards for safety while representing clients who were harmed as a result of the failure to meet these standards. By hiring a skilled attorney you can be compensated for your injuries and simultaneously prevent the same harm from occurring to someone else.

Alongside boating accidents there are also other water-related accidents such as accidents that occur at a swimming pool with no fence or at improperly staffed pools or beaches. According to a study conducted by the Centers for Disease Control and Prevention (CDC), approximately ten people die in the United States from unintentional drowning every day. Of these, two (2) are children aged 14 or younger. If serious injury or death occurs, you may be entitled to be compensated for the immeasurable emotional and physical suffering you experience as well as for your lost wages and expensive medical bills.

Due to the fact that the costs incurred from injuries sustained or the death of a loved one as a result of these types of accidents are often astronomical, innocent victims should not have to bear the brunt of the financial strain. If a person was negligent in causing your injury or the death of your loved one, you can hold that person accountable for his actions and collect damages from him or his insurance carrier.

If someone has caused you serious injuries or the death of a family member by acting negligently, seek professional legal advice to evaluate your claim. An experienced personal injury or Washington DC wrongful death lawyer will investigate your accident to determine the actual cause and the responsible parties, and then seek to collect payment on your behalf for the harm you have experienced.

Price Benowitz LLP was founded by Washington DC criminal defense lawyer David Benowitz and has offices in Washington, DC, Maryland, and Virginia. For more information about personal injury law and the firm's commitment to quality legal representation, please visit the firm's Virginia Personal Injury Lawyers website.

Work-Related Electrical Accidents

January 20, 2012

Occupational fatalities due to electrocution are surprisingly common in certain professions. While electrical workers account for a majority of accidental electrocutions and deaths, construction, agriculture, manufacturing, real estate, public utility and transportation occupations are also highly susceptible to on-the-job electrical accidents. Many other workers are also exposed to potentially dangerous electrical voltage on a daily basis and may be unaware of the risk involved.

According to the National Institute for Occupational Safety and Health, electrocution is the fourth leading cause of work-related fatalities. The danger can come from internal wiring, working too close to power lines or buried cables, or using heavy machinery, among other activities. In addition, electrical dangers often remain hidden in unsuspected areas.

When electrical accidents occur as a result of someone's negligence, through no fault of the employee, the employee's family may hold those who were at fault accountable for their actions and receive substantial compensation for the wrongful death of your loved one. Such negligence can occur in a number of ways including faulty wiring, poor placement of wires or cables, inadequate training, or failing to adhere to industry safety standards. Most occupational accidents, including electrocutions, are avoidable. So when accidents occur, it is likely that someone else was negligent and caused the harm. An experienced attorney can research your case and determine who is responsible for the death of your loved one.

Workers' compensation rarely covers the financial burdens placed on your family by losing a loved one who provided a major source of income. While death benefits vary significantly by state, such benefits typically entitle a surviving spouse to only a small percentage of the former earnings. Sometimes the amount may increase according to the number of surviving dependent children, but such increases can be meager. With rising inflation and cost of living, this benefit provides little financial support for a family. In addition, workers' compensation does not include payment for pain and suffering or the loss of companionship that your family experiences.

The burden placed on a family in a time of need can be great, and when the loss was caused by an on-the-job accident, you may be entitled to collect payment from a number of sources. When workers compensation is not enough, remedies may be available in filing a wrongful death claim. A qualified wrongful death or personal injury lawyer can guide you through the process of getting additional compensation and becoming financially whole again.

If you have lost a loved one due to a tragic electrical accident during the course of employment, contact an experienced personal injury attorney to help you obtain compensation for your financial hardship.

Price Benowitz LLP handles criminal defense, immigration, and personal injury cases. The personal injury practice group is staffed by Maryland and DC personal injury lawyers Chamille Kittles and Rabihah Scott and Virginia accident lawyer Thomas Soldan. The firm has offices across Maryland and Northern Virginia.

How Much Is My Pain And Suffering Worth In Maryland?

January 12, 2012

There are many factors that must be taken into account to determine how much an injured person should be compensated for pain and suffering. There is no specific formula that insurance companies look to in order to figure out the amount for damages. In fact, every accident and injury is different. In theory, it is literally impossible for anyone to tell injured people how much their pain and suffering is worth. However, in order to resolve injury and tort cases, insurance companies have to come up with some value.

The most important factor that insurance companies use in order to calculate the value of one's pain and suffering is the injured person's medical treatment and total medical bills. Most insurance companies will give injured victims a multiple of the total cost of their medical bills for pain and suffering, however that rule is not set in stone. If the amount and type of treatment appear to be reasonable and necessary for the injury, the injured party comes across as much more honest to the jury. More or less treatment does not necessarily mean more or less money for pain and suffering, but it is a factor that is considered. Of course running up your medical bills unnecessarily is often met with a great degree of suspicion and likely will not be rewarded. Similarly, stretching out the length of treatment for a minor injury may look greedy to a jury and to an insurance adjuster and will not garner any more money for pain and suffering.

In addition to medical treatment and total medical bills, the following factors are considered when determining the amount to compensate a person for pain and suffering:

1. Pre-existing injuries;
2. A person's ability to do what they normally did in their everyday lives or if they were forced to stop or reduce some of their normal activities;
3. The type of work one does for a living;
4. How sympathetic of a witness the injured person would make;
5. A person's age;
6. A person's lifestyle; as well as
7. The experience and reputation of your attorney

All of these factors paint a picture for an insurance adjuster or the jury and will have an impact on the monetary compensation given for pain and suffering in one way or another. There are some tools that insurance companies and lawyers may use to help them arrive at a figure or at least at a range for the purpose of determining how much to "demand" as compensation for your injuries. Many attorneys will also use, as a general guideline, past jury verdicts in your particular jurisdiction and past claims that involve similar facts, injuries and total medical bills.

If you have been injured as a result of someone else's negligence, contact a Price Benowitz attorney today. Our experienced lawyers will work to get you the maximum amount of compensation for your pain and suffering.

This blog post was written by Washington DC Personal Injury Lawyer Chamille Kittles. For more information about Price Benowitz's Virginia practice, please visit the Virginia personal injury attorney website.

Keep Your Home Safe For Your Family And Your Guests

January 6, 2012

 Ever since I was a little child, my family tested our smoke detectors and changed the batteries when the time changed. Day Light Savings time was its own special tradition. It was by no means as great as Independence Day or Halloween, but it had a special place in my heart. As a parent, I want my son to appreciate the same traditions. I have my son help me test alarms and change batteries as I helped my mom. We go over escape routes, safe meeting places, and what to do if we have guests. When I tell people that last part they look at me with a confused expression, but I confidently tell them better safe than sorry. My son knows where we meet and whose house is a "Safe House" where he can go if he gets out alone. He also knows where to call for help. I take his safety very seriously and I prepare my son accordingly. He thinks of it as a part of our family time and enjoys the discussion.

The day I purchased my home, I had to purchase insurance. My father sent me to an insurance agent. I learned the intricacies of what could be covered under the policy. I also learned some helpful things to do to lower the risk that something tragic would happen at my home. I customized a policy that fit my needs and the risks associated with my home. My home is insured with a policy that covers fire, natural disasters, and some other major damage to my home. I carefully make sure to catalog valuables and notify my insurance agent if there are any changes so that my coverage is always up to date. I would hate to be underinsured and lose a valuable asset or worse be liable for a large bill due to damages.

My insurance policy also covers guests in my home if they are injured. I know that when I have guests, I owe them a certain duty of care. In regular English, that means I have to make sure everything about my home is safe and habitable. Common thoughts on this duty of care are to keep hazardous material and conditions away from guests. From my perspective, this includes having functioning fire alarms and a plan to make sure they all get out safely.

Maybe I do a little too much, but I take hosting very seriously. I also take the safety of my family and loved ones seriously. I can imagine that they would all do the same type of preparation for me when I visit their homes.

If you were injured in someone else's home, please contact an attorney. They can help make sure that you get the compensation you deserve.

Maryland personal injury attorney Rabihah Scott wrote this blog. For more information about the Personal Injury and Medical Malpractice Group at Price Benowitz LLP, please visit the firm's Washington DC Personal Injury Lawyer and Virginia Injury Lawyer websites.