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Heavy Equipment Malfunction

Posted By on Jun 7, 2017

A necessary, yet, inherently hazardous occupation is construction work. Despite the safety measure observed and implemented by management, contractors, owners, workers and manufacturers of machinery used, the job simply exposes workers to more dangers that can cause severe injuries. This is why in some states, besides the Workers’ Compensation benefits, there are other laws, such as those imposed by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) that give extra protection to construction workers.

It is important, though, that you seek the assistance of a personal injury attorney who will help you make sure that you meet the requirements of your state’s Workers’ Compensation Insurance program to avail of the full benefits stipulated in it. Thus, a personal injury attorney’s duties include guiding you on what to do right after the injury, what forms to fill out and when to process your claim so that you will not beyond the set statutory period.

Construction accidents that are work-related are considered as personal injuries, that is, injuries caused by another’s careless or reckless behavior. As a victim of a construction accident, your lawyer will tell you that your rights and interests are protected and supported by the law, thereby allowing you to receive compensation for your economic losses and any injury-related expenses, like costly medical bills.

According to the law firm Crowe & Mulvey, LLP, though construction is a positive sign of growth and progress, it also introduces a host of potential hazards. Construction is a dangerous industry, and accidents occur regularly in construction sites. An especially precarious situation may arise when equipment malfunctions, potentially causing devastating results to workers and bystanders. Depending on one’s proximity to the accident and the equipment in question, the potential for serious injury is high.

Though most equipment on construction sites is in proper working condition, malfunctions do occur and can quickly lead to a serious construction accident. Some of the most common forms of equipment malfunction following: crane collapse, scaffolding collapse, electric shock and improper maintenance of equipment.

Failure to maintain any construction site tools and machinery or failure to manufacture them under the required market standards definitely makes all people concerned responsible for any accident that may take place. In the event of an accident, it will be wise for injured workers or their families to get in touch with a skilled personal injury immediately for their needed help in pursuing compensation from responsible parties to cover any medical costs or other damages sustained.


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Children Injuries Due to Negligence

Posted By on Mar 8, 2017

Children may be physically limited to successfully avoid accidents, mentally limited to assess dangerous situations, or reckless enough to put themselves into harm’s way. As the adult, you have the responsibility to put the children in safe conditions and supervise them enough to avoid reckless behaviors, accidents, and injuries.

But sometimes, this responsibility is passed on to others, and they may not be as emotionally attached to the task as you are, resulting into negligent behaviors that may lead to the children’s harm. According to the website of the Amerio Law Firm, negligent parties may be held liable for the injury of your children.

Common Child Injury Cases
Dangerous childcare products and toys: Designers and manufacturers may be held liable for defective childcare products and toys. The most common defects include harmful materials used in the production of the product, materials that easily detach turning into choking hazards, and products that are not suitable for the age group advertised.

Childcare facility accidents: Childcare facilities, such as daycares, have the responsibility over the safety of their clients’ children and the effectiveness of their services and facilities. Any form of harm that has resulted from the daycare staff’s negligence or the daycare’s defective or malfunctioning items is enough grounds for a lawsuit.

Playground accidents: Some playground accidents occur because of the child’s own recklessness, but there are instances where other parties can be blamed, such as the playground owners, playground equipment designers and manufacturers, and maintenance providers, who have failed to keep their premises safe.

Swimming pool accidents: Swimming pools and other similar recreational areas should also make sure that their premises are safe from accidents, particularly those that can be triggered by unsupervised children. These areas can do this by maintaining the cleanliness of the place, putting up barriers and fences to create boundaries, and having adequate security and services such as lifeguards.

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Seventeen states in the U.S. that are known as “no fault” divorce states: Wisconsin; Washington; Oregon; Nevada; Nebraska; Montana; Missouri; Minnesota; Michigan; Kentucky; Kansas; Iowa; Indiana; Hawaii; Florida; Colorado and California (all other states are known as ‘fault” divorce states due to need for the one filing for divorce to cite a valid reason due to which the divorce is being sought). In these “no fault” states, a spouse may file a petition for divorce without the need of having to cite any ground, such as abuse, adultery or abandonment. Simply stating “irreconcilable differences,” or “insupportability” which, under Texas law, is discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. Because irreconcilable differences, or insupportability renders a marriage beyond repair, it is, therefore, accepted as basis for divorce.

Divorce, however, may be filed only if the marriage entered into by two individuals is legally binding; marriages which, from the very start are null or invalid, may be terminated through annulment.

Annulment is a legal declaration of the cancellation of a marriage. It has to be canceled and declared canceled to give the spouses, or a spouse who has been offended, the right to enter into a legally binding marital union. According to the law firm Kirker Davis, LLP, a marriage is considered non-legally binding and, therefore, invalid from very start due to any of the following reasons:

  • It was entered into by blood-related individuals (most states outlaw marriages between relatives closer than second cousins since this would be incest;
  • One of the individuals is still in an existing marriage, thus, making succeeding marriages bigamous;
  • One or both spouses are under the age of 16 when they entered into marriage.

There are instances, on the other hand, when a marital union is considered legal, but will have to voided or canceled due to the following grounds:

  • Fraud, such as when one keeps secret a prior marriage, a felony conviction or addiction, or having a child from a previous marriage;
  • Coercion, which is the case when one spouse was forced by the other to enter into marriage;
  • Intoxication due either to alcohol or drug since this renders either of the spouses lacking the full capacity to consent to marriage;
  • Mental incapacitation, which renders one or both spouses unable to fully grasp the responsibilities and duties of a married life; and,
  • Impotence or the inability of one spouse to have sexual intercourse.

For a court to grant a petitioner for annulment, however, a petitioner for annulment should stop cohabiting with his/her partner after he/she learns of the claimed ground/s for the annulment. If the petitioner does otherwise, then no annulment will be granted by a Texas court.

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To traffic enforcers and the American public, the more than five million car crashes occurring on roads and highways in the U.S. every year have made wrecked or totally wrecked cars and severely injured individuals a very common, yet always a frustrating, sight. Cars crashing with another motor vehicle, crashing into a concrete barrier, a wall, a tree, a lamp post or any other solid object, or hitting a motorcyclist, a bicyclist or a pedestrian, have always left properties damaged or, worse, individuals with permanent disability or dead.

Over the years, the number of car on roads and highways has steadily increased; with this, however, is also the increase or retention in the number of car accidents. Studies by the National Highway Traffic Safety Administration (NHTSA) show that driver error accounts for more than 90% of all car accidents both in the U.S. and around the world.

Driver error include driving while impaired by alcohol or drugs (both legal and illegal), driving too slow, driving above the speed limit or driving too fast despite dangerous road condition, using a handheld phone while driving or failing to observe safety traffic rules. Car accidents can be avoided, definitely, if only drivers will act responsibly whenever behind the wheel.

Aside from those listed above, which, according to the NHTSA, are the top causes of road mishaps, there are many other reasons why car accidents happen.

There are also drivers who fail to use signal lights, tailgate, overtake improperly, drive through a red light or make sudden turns. However, there are also accidents which occur due to road defects or defective cars or car parts.

An accident is always a traumatic experience, especially to those who sustain injuries and the trauma increases based on the severity of the injury sustained. Besides the injury, another cause of great worry for victims and their families is the financial burden the injury will result to. This is due to the medical treatment and the loss of income as the injury is sure to render the victim incapable of reporting to work. Even the opportunity to land in a good job can be affected by the injury sustained. Due to all these, the Toronto car accident lawyers with Mazin & Associates PC emphasizes the importance of working closely with different experts, including medical professionals, present and future care experts, specialized accountants, and leaders in the field of medical rehabilitation, to ensure that a car accident victim would receive the proper care and protection after a serious car accident.

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The Issue of Child Support

Posted By on Aug 16, 2016

Child support is one major issue spouses and those who enter into a relationship and have a child will need to settle in the event that they decide to divorce one another. Determination of child support is made by a court, thus, its payment is, therefore, a legal obligation. A non-custodial parent will not be exempt from paying child support even if he or she were to declare bankruptcy. Non-payment of this court-ordered support can mean fines and imprisonment for the non-custodial parent.

Child support is the legal duty even of divorced couples. This is because though they would stop being a spouse to one another, their being parents to their children will never cease. This gives them the legal and moral duty to see to it that all the needs of their child/children are met.

Child support or child maintenance is paid on a regular basis (usually monthly) by a non-custodial parent to the custodial parent or to whoever has been determined by the court to care for the child (this can be a guardian, a caregiver or the government itself). Courts usually name a custodian other than the parents if both parents have been declared unfit to care for their child or if both parents will not be able to perform their parental duties due to serious medical condition).

Thousands of cases regarding non-custodial parents fleeing to other states to be able to escape payment of child support have been (and still continue to be) reported. Due to this, the Child Support Recovery Act (CSRA) was passed in 1992. Under this Act, the Federal government, state and local authorities are encouraged to assist one another, mainly in determining the whereabouts of those who try to escape child support payment. Under the law, non-custodial parents who are also found to owe at least $2,500 in child support, will be denied a U.S. passport if they apply for one. This mandate is declared by the U.S. Passports & International Travel of the U.S. Department of State’s Bureau of Consular Affairs. Only when unpaid amount has been settled will application for a passport be accepted; however, it may still take the Passport Services two or three weeks before the processing of passport application gets approved.

A non-custodial parent, after his or her whereabouts has been discovered, can face federal prosecution if it can be confirmed that he or she intentionally failed to pay child support, skipped payment for more than one year, or the amount owed is more than $5,000.

According to the law firm Marshall & Taylor PLLC, child support actually pays for educational costs, transportation to school/activities, medical needs, daily sustenance and care, mortgage on a house or rent for an apartment/shelter, and a certain standard of living. Both parents, of course, have the obligation to provide for their child; if one parent refuses to perform his or her duty in providing for his or her child, then the other parent can always take legal action.

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Risks of having Alzheimer’s disease

Posted By on Mar 12, 2016

Aside from series of medications, individuals suffering from Alzheimer’s disease often require specialized assistance for them to avoid hazards in their everyday living. Alzheimer’s disease according to affects approximately 5 million elderly in the United States.

Though usual signs of Alzheimer’s disease like getting lost to familiar places and suddenly forgetting how to cook meals may vary from one person to another, a person, often an elderly who has this kind of mental disorder may also not realize that he or she can inflict harm to him or herself. As a person with Alzheimer’s disease can no longer remember many things, he or she is at high risk of suffering injuries from his or her surroundings. Serious injuries like broken hip bones and head injuries are common to individuals with Alzheimer’s disease if they accidentally slip or fall. Elderly with Alzheimer’s disease are three times at risk of suffering broken hips compare to normal counterparts. Family members who are living with a relative with Alzheimer’s should make sure that their surroundings are free of clutters and debris. Due to memory loss, an elderly with Alzheimer’s is at risk of injuries when there are clutters like books, toys, and shoes are in the house specifically on staircases.

Family members can do a lot of things to make their home safe for their relative who has Alzheimer’s. Households should make sure that all things inside the house are stored in proper places especially those that can cause slip or fall. To prevent slipping from rugs, households may use adhesive tapes to secure rugs in place. Tools and other things that are rarely used should be kept in a place that cannot be access by a person with Alzheimer’s mostly if it can cause injuries. Place rubber or non-slip mats on your shower room and bathtub. Make sure that your house has sufficient lighting for a person with Alzheimer’s to easily see his or her way around the house. Aside from persons with Alzheimer’s, it is common for elderly to experience vision deterioration due to aging. Family members may consider confining their relative with Alzheimer’s to a memory care facility to make sure that his or her environment is completely safe and he or she is closely monitored and cared by highly-dedicated personnel.

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Plenty of people are rightly intimidated by the daunting aspect of filing legal action against somebody for any kind of rationale. You will find processes to follow should you attempt to go about it on your own, and it might get very overwhelming even though you know you are in the right. The responsible party may continue to be able to get away scot-free if a lot get professional legal representation if you have been wrongly injured in one way or another due to the activities of somebody else. It is then simply right to reach the battlefield with veteran players in your team – though it does you some good to come back to the fray with swords.

It is a particular backup strategy which allows you protection which you do not need to be concerned about any of the expenses in the given case, that you simply should not because the conditions that brought you requiring to file for this sort of lawsuit were not your fault to start with. As stated by the website of the Hankey Law Office, it is vital that people who don’t have the financial means are able to seek help to fight for their rights owed to them without the stress of added fiscal burden.Merely notably apparent bodily harms are dealt with by second of all, maybe not all personal injury. Mental diseases due to exposure to injury can cause thoughts of destruction or behavior that is individually damaging.

Lastly, injury covers a great deal of ground – which can then make it much, a lot harder in the bottom up. There are several different subsets under this branch of the legislation as it branches out into numerous different specializations including car accidents, product liability cases, medical malpractice cases, and so much more. These subsets, not all have universal national regulations during the USA as well as your circumstance in tribunal may rely on where you’re, together with the statute of restrictions by which your state court abides by.

It is for this reason that it is recommended when someone you know or you have been hurt in an accident caused by another person, the help and advice of experts are sought so as to determine the best move to make next.

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Records from the International Air Transport Association show that in 2014 there were 38 million flights that carried about 3.3 billion people to different destinations around the world. From 2011 to 2013, in the US alone, the yearly numbers of commercial airlines passengers were 734 million, 739 million and 744 million, respectively.

Despite this huge number, the aviation industry’s report on the number of yearly fatalities is only 600+, compared to the 30,000+ car accident deaths recorded by the National Highway Traffic Safety Administration (NHTSA).

The Aviation Safety Network and other transportation authorities believe that air travel is the fastest and safest means of long-distance travel today, thanks to all the improvements undertaken by the (aviation) industry over the past years to avoid the same accidents from ever occurring again and, thus, ensure passenger safety.

Improvements and upgrades, however, are never enough to guarantee the overall safety of everyone on the plane; flying protocols should also be strictly observed by all those involved in air travel, including airline managers, pilot and crew, ground maintenance personnel and air traffic controllers.

According to the website of the Tennessee personal injury attorneys at Pohl and Berk, LLP, aviation accidents are rare. However, if one occurs, the consequences are usually tragic: severe injuries; trauma; or, death. And while fault is most commonly blamed on the pilot, there are other causes, such as an air traffic controller mistake, failure by a ground maintenance worker to detect a damaged part, or a faulty part which is actually a manufacturing defect.

Underlying all identified causes of aviation accidents is negligence and, due to this failure to perform what is part of one’s duty, the law, therefore, holds the negligent party, as well as all others who may have contributed (even indirectly ) to the accident, answerable to all those who have been affected or injured in the accident.

Though there is a preset compensation value (assigned by law) for each passenger, this does not take away injured passengers’ rights to take further legal actions against the airline company concerned and all others connected to the accident.

Law firms, though, are prohibited by the National Transportation Safety Board (NTSB) from contacting the victims or their families until the 45th day after the accident. This 45-day rule, however, does not prohibit the victims from initiating communication with any attorney or law firm.

One very important reason why families or victims should consider contacting a lawyer immediately is for them to know their full rights with regard to compensation as the airline and insurance companies are very likely to settle with them.

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The Internet has made information exchange faster and easier than ever before. Thanks to advancements made in technology, tasks can be accomplished with a simple click of a button. Among such tasks are electronic transactions and payments. Today, you no longer have to leave the house to pay your bills. You can do even do it on your phone.

Despite all these advantages, it’s important to remember that some conveniences still come with a price. The increased accessibility of payment methods also contributes to the rising incidences of identity theft in the recent years.

Identity theft occurs when someone acquires your personal information and uses it without your permission. Perpetrators use this information for a variety of reasons, but most will use your identity for economic gain. For example, perpetrators will typically make big purchases using your credit card information. They may also use your identity to set up their own checking accounts.

According to the Bureau of Justice Statistics, 16.6 million people experienced at least one incident identity theft in 2012 alone. Financial losses due to these cases amounted to a total of $24.7 billion. The most common methods of identity theft include stealing credit cards or checks, hacking computers, and exploiting information obtained under false pretenses. You can click here to learn more about what to do if you are accused of such a thing.

Falling victim to identity theft is a terrifying prospect, as you could end up buried under debt you didn’t even accumulated. Thankfully, there are several ways you can protect your information from falling to malicious hands.

  • Keep all your financial information in a safe and secure place at home. You should also tear and shred any document before throwing them away.
  • Minimize the amount of financial information you carry on your person. It’s best not to carry around your passwords and PIN numbers. Memorize them instead.
  • Always shield the keypad with your free hand when typing in numbers and PIN codes in public phones or ATM machines.
  • Never respond to unsolicited requests for sensitive information such as your Social Security number or back account details. Remember that reputable and legitimate business will never make unsolicited calls or emails asking for such information.
  • Collect mail from the post office promptly. If you won’t have time to pick up important packages, it’s best to call and ask the post office to put your mail on hold.
  • Making sure your bank and credit card statements are arriving on time. If there are any significant delays, make a call and ask if the bank was able to send your statements to the proper address.
  • Instead of having them delivered at home, it will also be better if you can personally pick up new check books or credit cards.
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Reacting to BP Oil Claim Appeal

Posted By on Jan 22, 2015

The ordeal that was the BP oil spill that occurred in 2010 has affected families, businesses, and entire economies. So massive was the damage dealt that people are continuing to experience the aftermath of this tragic event to this day, five years later. It has been attributed that the spill was due to negligence and is known as the largest accidental marine oil spill recorded.

In a public statement, BP has promised to compensate all those affected as they were held legally liable to pay for damages.

However, the case is a complicated and complex one and BP is a company with many legal resources. So many resources, in fact, that according to the website of Williams Kherker, they have a 75% success rate of getting claims denied. This means that the person negatively affected by the oil spill would be given compensation that is at the liking of BP – which is to say, nothing at all. Dealing with BP oil spill claims can be a taxing, arduous tax – but when you know you are in the right, it is only fair that you be given only the justice as provided by the law.

When an appeal is called, there is a very limited timetable – what with only a fourteen-day open window to respond, lest you risk losing everything and not getting compensated for the damages dealt to you from the BP oil spill. Legal assistance is advisable due to the complex process of a case of this nature. In order for you to have the best possible chance at being properly represented in a court of law, it is recommended for you to have legal experts on your side who will fight aggressively so that you get what you are owed. And you are owed better, after this entire ordeal that has upset thousands of people and has cost billions of dollars in its wake.

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