Posted by Steven on Jul 23, 2014 in Personal Injury | 0 comments
When you have been injured in a car accident and have decided to file for a personal injury lawsuit against the person who caused the accident, you may have to consult with your personal injury lawyer or car accident lawyer regarding the laws in your state. There are states that follow the “no-fault” law regarding car accidents, and this law can significantly affect your personal injury or insurance claim. It is important that you should know and understand how this law affects your claim in order to be granted compensation after your lawsuit. If you need help, visit http://chicagosocialsecuritylaw.com/.
Because of the “no-fault” law that some states follow about a dozen states in the US, can affect the procedure and possible result of your insurance or injury claim. According to the “no-fault” law, all drivers are required to possess an insurance that would protect themselves from potential damages and injuries should a car accident occur. This would mean that the first and legally favored source of compensation following a car accident is from your own insurance company, regardless of who is at-fault for the accident. There are certain exceptions or statutorily specific circumstances where you can file an injury or insurance lawsuit against the other party, and only if some conditions are met.
These “no-fault” laws are generally made to lower the number of negligence suit that are filed in the state courts. Many insurance companies are for the “no-fault” law because non-economic damages that are suffered after the accident are not allowed in the claims, saving them money. Only do life-threatening or life-changing circumstances will a personal injury lawyer or car accident lawyer be allowed to ask non-economic damages for their clients, and this can often be a long and complicated process.
No-fault laws for car accidents are currently used by the states of Kansas, Kentucky, District of Columbia, New York, Minnesota, Michigan, Hawaii, Utah, Pennsylvania, New Jersey, Massachusetts, Florida, and North Dakota. Because of this law, anyone who has been into a car accident in these states can have limited compensation for their economic damages, covering only for the documented cost of car repair or replacement, medical and rehabilitation expenses, and lost wages. Suffering from a serious injury that can significantly affect the quality of life would usually require the help or a legal professional such as a car accident lawyer or personal injury lawyer to help recover for non-economic damages.
U.S. tort law allows a person or a deceased individual’s family to take legal action against another party when that party acted negligently and caused them injury. Often referred to as personal injury law, tort law exists to provide a way for injured individuals to obtain compensation from those responsible for their injuries. This compensation comes in the form of monetary payments for both monetary and non-monetary losses suffered by the victim. In addition, when the party responsible for the injury acted in a particularly egregious manner, punitive damages may be applied. The goal of which is not only to provide the victim with compensation, but to also invoke an official punishment on the defendant for their actions.
Types of Damages
The losses from an injury or illness often are not limited to just the financial cost. Many people experience significant difficulties after they’ve been hurt which continue to cause them both emotional and psychological pain and a range of new obstacles in life. Based on both the concrete financial cost of the damage as well as the non-monetary losses, a court will grant the plaintiff a certain amount of money should he or she win the case. These individuals may be compensated for some of the following:
- Lost Income from Missed Work
- Medical Care Expenses
- Rehabilitation Expenses
- Ambulance Fees
- Damaged Property
- Physical Pain
- Emotional Trauma
- Damage to personal and intimate relationships
- Loss of enjoyment or ability to engage in previous activities
Depending on the case and the work of the attorney on your behalf, compensation may end up being in the thousand or even millions. Compensation is typically higher when someone has suffered permanent damage to a part of their life because of their injuries.
If you or someone you love was injured due to another party’s negligence, a personal injury attorney may be able to help you obtain financial compensation for your damages. Your personal injury case is damaging to your physical and emotional state and you should be justly compensates for those damages.
The birth control pill Yaz has been the first one that the Food and Drug Administration has approved as an alternative treatment to an extreme form of PMS, the premenstrual dysphoric disorder or PMDD. This mood disorder occurs during the menstrual cycle, often due to the fluctuating hormones during this period. Although some women do experience common symptoms of PMS and can handle them properly, there are those who experience extreme symptoms of PMS. About 3-5 percent of women suffer from PMDD, although the numbers can be more.
Among the most common symptoms of PMDD is depression. Mood swings, fatigue, irritability, food cravings (and eventual weigh gain), thoughts of hopelessness, headaches, hot flashes and heart palpitations are among the common symptoms PMDD. Seeing a doctor would greatly help in diagnosing whether you have PMDD, and if you are allowed to take Yaz for these symptoms. Yaz and PMDD have been linked together and with the birth control pill, handling PMDD seems to be easier.
Although symptoms of premenstrual dysphoric disorder are almost the same as those in PMS, the difference is that these symptoms can be uncompromising enough to significantly hinder, prevent or lower the quality of life (both on social and personal relationships), at home, work and school. The wavering hormones and the lower serotonin levels (the chemical which helps transmit nerve signals in the brain) are what scientists believe are the culprit behind PMS and PMDD, although further studies are still needed. It is because of this hormonal imbalance that makes Yaz a sensible option; taking artificial hormones to alleviate the symptoms of PMDD does make sense in a medical point of view.
According to the National Injury Law Center, the main issue with Yaz and PMDD is that Yaz can also heighten the risks of other health complications, such as stroke, thrombosis, and heart attacks. Yaz, and its sister birth control pill Yasmin, can also alter the effects of other drugs or medications that women are also taking, putting them at greater risk. Weighing the benefits and dangers with your doctor would be a better option than taking Yaz without a prescription.
Posted by Steven on Sep 3, 2013 in Uncategorized | 0 comments
A porn actor recently tested positive for the human immunodeficiency virus (HIV), prompting the adult film watchdog association to call for a halt on production until all performers are screened for the sexually-transmitted disease (STD).
Adult film performers may be engaging in extremely intimate acts on camera, but they are still professionals, and as such have a responsibility to other performers to ensure they are not being exposed to health risks. Cameron Bay, a porn actor since 2010, tested positive for HIV, a fact confirmed by the Free Speech Coalition (FSC) which oversees the health status of adult film performers.
Bay expressed the hope that she had not been instrumental in spreading the disease to her fellow performers. The film industry has conformed with the FSC moratorium and to date, it is unknown if the virus has been transmitted on set. Xander Corvus was Bay’s most recent sex partner but no other performers aside from Bay has tested positive for any STD including HIV.
This is not the first time that STD’s ugly head had reared in the adult film industry, causing production to come to a screeching halt. In 2012, a 42-year-old porn actor known as Mr. Marcus admitted that he falsified his syphilis test results so he could continue working. He was sentenced to 30 days in jail for knowingly exposing his co-performers to the risk of STD.
The Department of Public Health is being criticized by health organizations for not enforcing the Measure B regulation or the County of Los Angeles Safer Sex in the Adult Film Industry Act, which requires adult film actors to use condoms during shoots in Los Angeles. The regulation was passed in November 2012, and when challenged by adult film producers, was found constitutional by the federal courts.
Posted by Steven on May 24, 2013 in Employment Law | 1 comment
Freedom to Work, a national civil rights group, has filed a discrimination lawsuit against ExxonMobil for what it believes to be a breach of the Illinois Human Rights Act, the state’s ban on anti-LGBT workplace discrimination.
The group conducted an experiment to support its suit. In this exercise, the civil rights organization applied to an Exxon job posting using two fictitious resumes, one belonging to a straight woman of modest qualifications and the other belonging to a lesbian with excellent qualifications, better job skills, and more work experience. The lesbian’s resume listed membership in a LGBT group while the straight woman’s resume had membership in a feminist organization in its stead.
The company contacted the straight women repeatedly to offer her the position despite not receiving any reply. They did not contact the lesbian applicant.
Exxon claims it has a strong corporate anti-discrimination policy, but what the company has on its books is not specific. It has been resistant of instating a concrete anti-LGBT discrimination policy and the company is urging shareholders to vote against such a policy being put into effect at an upcoming meeting.
A nursing home in Decatur, Alabama is facing a wrongful death lawsuit after one of the residents died of aspiration pneumonia as a result of an accident.
The home was performing a routine fire drill in October of last year when one of the residents, a 93-year-old woman who was confined to a wheelchair, ended up accidentally rolling away from the caretakers. Her wheelchair was allegedly allowed to roll down a hill, propelling the aged woman out of it and into a ditch.
She was later found face down in the water and rushed to a hospital, where she died three days later.
The lawsuit alleges negligence on the part of the home, asserting that her caretakers should have ensured her safety by not leaving her in a dangerous place. The suit seeks unspecified damages and was filed on behalf of her estate.
Posted by Steven on Dec 24, 2012 in Law | 1 comment
Among all of the causes of car accidents in the United States, reckless driving is at the top of the list. This is partly because there are so many ways to drive recklessly and endanger oneself and others on the road. Despite sometimes harsh legal penalties for convicted reckless drivers, many still maintain dangerous driving behaviors, putting others at risk as well as themselves.
There are many different kinds of behaviors that can constitute as reckless driving. Some of the most common include behaviors like:
* Drinking and driving
* Refusing to yield
* Running red lights
* Running stop signs
* Distracted driving
All of these behaviors could put innocent people at a high risk for being involved in a car accident with a reckless driver. Multiple people might be involved as well, increasing the physical damage thats possible in a car accident. Reckless driving creates a huge amount of dangers for everyone on the road. Some of the greatest dangers of reckless driving involve the injuries that its often causes. For instance, some common injuries that people sustain after being hit by a reckless driver include:
* Broken bones / fractured bones
* Neck / back pain
* Spinal cord injuries
* Blood loss / loss of consciousness
* Emotional trauma
These injuries can negatively impact any persons life, both physically and financially. Most often, reckless driving victims are forced to seek extensive medical treatment in order to recover fully from their accidents, but many people cannot afford this treatment. However, when a reckless driver hits an innocent person can causes an accident, that driver might owe the victim compensation.
If you or a loved one has been involved in a reckless driving accident because another driver hit you, contact an experienced car accident attorney today to discuss your possibility for obtaining compensation.
As parents and grandparents age, providing them with the level of care they need can become difficult and many families must make the decision to move their loved ones into a nursing home. For many people, this can be a vast improvement due to the availability of nurses and medical care, as well as comfortable living arrangements. Unfortunately, this is not always the case. One of the most troubling issues with nursing home care is the potential for abuse that exists. While most individuals working in nursing homes are not perpetrators of abuse and are diligent in preventing abuse of any kind against their residents, this is not always the case. In fact, a study done between the years of 1999 and 2001 concluded that nearly one-third of all nursing homes had abuse violations. Anytime abuse happens in a nursing home, whether it is at the hands of an employee, another resident, or anyone else, it is unacceptable. When abuse is suspected or uncovered, the nursing home may be taken to court for their negligence and role in perpetuating the situation.
Nursing Home Emotional Abuse
While physical abuse is often easier to detect, emotional abuse may slip under the radar. Some of the common types of emotional abuse that happen against elderly residents include:
- Verbal abuse
Emotional abuse can have a dramatic impact on the well-being of a nursing home resident. It can not only affect their emotional well-being, but can also have effects on their physical health due to the stress it may cause. If you notice signs of stress, depression, or anxiety in your loved one, it may be due to emotional abuse.
No family should have to put up with any type of abuse perpetuated against their loved ones. If someone you love has been the victim of abuse in a nursing home facility, you have the option of taking legal action against that facility for the damage done to your loved one’s state of well-being. To learn more about your legal options, contact an experienced nursing home abuse lawyer.
Posted by Steven on Nov 23, 2012 in Business | 0 comments
Many workers across the country are expected to complete certain tasks and physical actions every single day, which creates a repetitive loop of some motions. While these actions may not be strenuous or exhausting on their own, performing them frequently for sustained periods of time can have a cumulatively harmful effect on the worker. Continuous tasks that become harmful frequent result in repetitive motion injuries, which tend to develop over time. These adverse effects are not the result of one incident, but rather occur from gradual wear and stress. If a worker does not seek treatment or sufficient time to recover for a repetitive motion injury, they run the risk of enduring intense pain and a potentially deteriorating physical condition.
Types of Injuries Caused by Repetitive Motion
Repetitive motion injuries can come in many different forms because they are dependent on the particular job the worker is performing, which dictates the parts of the body that endure constant stress. Body parts such as muscles, ligaments, tendons, and joins are the most commonly injured, leading to injuries such as:
- Carpal tunnel syndrome
Repetitive motion injuries are particularly insidious because they cause the afflicted worker constant pain in addition to preventing them from working, which makes seeking medical treatment and taking time off for recovery that much more of a burden. Fortunately, employees who have suffered such injuries while on the job may be able to seek benefits from their companys insurance holder.
If you have suffered a repetitive motion injury while at work, you may want to consider filing a workers compensation claim in order to pursue benefits for your lost wages, medical treatments, and other expenses. A workers’ compensation lawyer can guide you through the lengthy and complex filing process in order to give your application the best chance for approval.
It’s an unfortunate fact that reckless drivers cause many accidents in the United States on an annual basis. While many reckless driving accidents are preventable, drivers fail to adhere to traffic rules and cause serious accidents every day, causing far too many innocent people to sustain serious injuries. There are many different behaviors and driving practices that can constitute reckless driving, but each one is dangerous in its own right. Victims of reckless driving often complain of injuries like head trauma, lacerations, broken bones, and other serious injuries, and many of these can result in the need for medical treatment.
Sometimes such treatment is beyond the financial means of the victims, giving them no way to address their injuries. However, victims of dangerous drivers can sometimes take action against the reckless driver who caused them or a loved one an injury or expense, which can potentially result in compensation for an accident.
Dangerous Driving Practices
There are many different kinds of reckless driving behaviors and all can threaten the safety of a driver and anyone else who is on the road. Some common dangerous driving practices include:
- Following others too closely
- Exceeding the speed limit
- Running through red lights or stop signs
- Refusing to yield right-of-way
- Drinking and driving
- Using technology while driving
These are all dangerous behaviors that might lead to a serious car accident. Many such accidents result in significant injuries of innocent people, and can cause them both physical pain and financial stress. However, victims can sometimes get help with their costs through legal action.
If you or someone you know has been injured in a car accident because of a reckless driver, you might be eligible for financial compensation. Contact an experienced car accident lawyer today to discuss your legal position.
Some employees work for their salary on the basis of commission, which means that their performance on the job dictates how much they earn. Many such employees, quite understandably, make the effort to work extremely hard to ensure that they earn the maximum amount in order to meet their financial obligations. Unfortunately, there are employers who take advantage of their hard working employees by refusing to pay the full amount of compensation owed to them for their commissions. This selfish and malicious behavior can put a worker in a very difficult financial situation, which is compounded by the stress of hard work that only brings inequitable pay.
Details of Unpaid Commissions
The most common reasons that employees are denied compensation for completing a commission is that they leave the company before receiving payment. Many companies have provisions such that if an employee leaves after successfully and accurately completing a sale, they will still receive compensation for the commission. A few details to keep in mind about unpaid commissions are:
- Compliance with the companys commission rules
- Completing the commission
- Building a case that clearly demonstrates right to wages earned
Depriving an employee of rightfully earned income is illegal, and a victim of such practices may be able to hold their employer or former employer liable that harmful practice. While it may seem difficult to demand commission compensation from a past employer, utilizing the service of an experienced lawyer can increase your chances of earning back your fair wages.
If your employer has refused to pay you for your commissions, you should consider taking legal action in order to secure your earnings. It may be in your best interest to contact a employment attorney, who can help protect your right to earned wages by pursuing the financial compensation that you may deserve.
Motorcyclists enjoy many benefits of their smaller, more fuel-efficient vehicles. They often can find easier parking spots and they tend to pay less for gasoline, in addition to other benefits specific to particular individuals. However, with these benefits also sometimes comes an increased risk for sustaining a serious injury in the event of an accident. Many other drivers disregard the rights of motorcyclists on the road and refuse to give them the driving respect that they legally have. Despite the fact that motorcyclists have the same legal rights as other drivers, sometimes they are put at serious risk for injury because of other drivers and their reckless behaviors.
A motorcyclist is inherently more at risk for a serious injury if he or she is hit by a driver of a regular vehicle, simply because he or she is more exposed than the other driver, who is protected by the shell of the vehicle. Because of the greater susceptibility to be thrown from a motorcycle, a motorcyclist has the potential to sustain serious injuries. Some common injuries that are reported in association with motorcycle accidents include:
- Broken bones / fractured bones
- Head trauma / brain injuries
- Road rash / serious lacerations
- Contusions / bruising
- Spine / back injuries
All of these injuries can be very serious, and many require extensive medical treatment in order for a person to fully recover. Unfortunately, many motorcyclists are unable to pay for the treatment that is necessary for them to recover, leaving them unable to seek medical attention. But if a motorcyclist is injured by the reckless driving of another person, he or she might actually be due monetary compensation.
If you or someone you care about has been hurt in a motorcycle accident because of a reckless or otherwise dangerous driver, you could qualify for a lawsuit. Contact an experienced personal injury attorney today to learn more about your legal options.
Posted by Steven on Oct 26, 2012 in Law | 0 comments
Traveling by plane has become a staple form of transportation for many industries and individuals. People can easily travel, for business or leisure, to areas that would otherwise be inaccessible to them. However, air travel is not always safe for passengers, who are sometimes put at risk of severe or even deadly injuries. These accidents often result from negligent errors on the part of the airline, its employees, or the plane manufacturers. As passengers, we trust that the planes we are traveling in have been designed properly, and that they are piloted and maintained responsibly. Any negligence that causes an accident is completely beyond a passengers control and could result in devastating personal injuries.
Common Causes of Airplane Accidents
Airplanes are very complex vehicles that rely on the successful integration of various technological and mechanical systems in order to run correctly. These systems must be kept in working order to ensure that no errors occur mid-flight, or at any other time. Additionally, those employees responsible for maintaining or piloting the plane must be sufficiently trained in order to successfully perform their jobs. A passenger might experience accidents on an aircraft for some of the following reasons:
Pilot error, due to sleepiness or distraction
Pilot intoxication, by alcohol or other drugs
Insufficient vehicle maintenance
Mechanical defect on the plane
Air traffic controller mistake
Injuries sustained from an airplane accident could cause an individual to suffer severe losses, such as expensive medical bills and lost wages, which they may be able to hold the responsible airline, employees, or manufacturer liable for.
If you have suffered an injury because of an airplane accident, you should consider contacting a Louisville personal injury lawyer who can provide you with proficient legal advice on your available options for pursuing the financial compensation that you may deserve.
Posted by Steven on Oct 26, 2012 in Business | 0 comments
Medical treatment is a long process which does not begin and end with a physician, but requires the effective and competent input of a large number of medical professionals. An often overlooked but critical component of this system is the role of the pharmacist, distributing vital medications to patients according to the prescriptions of doctors. Unfortunately, pharmaceutical errors are a significant problem in the United States and lead to approximately 1.3 million injuries each year, as well as 100,000 deaths.
Such injuries are especially dangerous as they affect a demographic already suffering from medical conditions which require direct care, making them much more vulnerable to further injury. Without legal intervention, these complications can create an enormous financial burden on the victims which they are incapable of sustaining.
Causes of Pharmacy Errors
The pharmaceutical distribution process demands precision and accuracy to ensure the safety of patients, an the following errors can have serious implications:
* Incorrect dosage or dosage instructions
* Providing an incorrect medication
* Complications arising from simultaneous use of multiple drugs
* Drug allergies
It is the responsibility of your pharmacist to exercise their education and experience in order to provide for your health and safety, and injuries caused by negligence should never be tolerated. If you have suffered an injury or illness caused by a pharmaceutical error, a team of Stevens Point personal injury lawyers may be able to help you seek compensation for your losses through either negotiation or litigation should the need arise.
While workers on construction sites know and understand that there is inherent risk in working in such a dangerous environment, normal citizens and passersby of construction sites have no legal responsibility to assume the same risk. When the managers or workers of construction sites are negligent in maintaining the safety of a construction site, innocent people can be injured easily, and their injuries might lead to financial burdens like medical treatment and not being able to return to work soon. However, those who are responsible for the safety of construction sites might be held accountable for negligence if other people are injured on or near the sites.
Construction site negligence can take many forms and might lead to a variety of injuries. Some of the most common injuries sustained in construction site negligence cases include broken bones, lacerations, bone crush, burns, and similar injuries, though a huge variety of injuries are possible. So many different factors can cause these injuries, and it’s important to know what kind of negligence might be blamed for a particular injury.
Common Incidents of Negligence
Negligence is often considered a broad term, but in relation to construction sites, negligence might refer to any behavior that disregards the safety or health of any person who is near the construction site. Some forms of negligence might include things like:
- Obstructions in walkways / roadways
- Falling objects in pedestrian areas
- Failure to contain debris / explosions
- Failure to contain toxic substances
- Operation of vehicles unsafely
All of these incidents could lead to the serious injury of innocent people who happen to be near the construction site in question. However, while the physical and financial consequences of such a situation can be dire, sometimes victims can get compensation to help them through it.
If you or someone you care about has been the victim of any form of construction site negligence, you might be eligible for a lawsuit. You may want to think about contacting an experienced workplace negligence lawyer today to discuss your options.