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Available Damages In An Aviation Accident Claim

Posted by on Nov 17, 2016 in Personal Injury | 0 comments

Traveling by plane is a far safer mode of transportation than cars or other land-based vehicles. But being safe does not mean that they are risk-free. Over the years, there had been reports of airplane crashes taking place in different parts of the world. According to a report by the International Civil Aviation Organization (ICAO), the accident rate for 2013 was 2.8 per million departures. While the figure was the lowest since the agency began tracking accidents, it only goes to show that aviation accidents do happen.

Aviation accidents are regulated by two Federal agencies namely the Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB). The former sets the safety standards for pilot conduct, flight operations, and aircraft manufacturers. The latter, on the other hand, is charged with the investigation of every civil aircraft accident and recommends safety standards to prevent future accidents.

Indiana personal injury lawyers will tell you that there are available damages that you can recover should you decide to pursue a case against the airline company responsible for your injury or that of your loved one. There are different circumstances that may surround aviation accidents but any personal injury claims are governed by the theories of negligence, product liability, or a combination of the two. Aside from that, Federal rules and regulations may also come into play.

If your claim is successful, you may be able to receive damages for medical expenses, lost income, lost employment, or future employment. You may also be compensated for pain and suffering, emotional distress, loss of consortium for married persons, and punitive damages. The type of compensation may vary depending on the jurisdiction where the case was filed. The state may also impose limits and set caps on certain kinds of damages.

An aviation accident claim can also make a third party liable for injuries or deaths. These parties can be the aircraft manufacturer, operator of the airline, and other parties.

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Understanding The Basics of Uncontested Divorce

Posted by on Oct 7, 2016 in Divorce | 0 comments

While there are many potential consequences associated with divorce, sometimes it may be the best option for you and your partner. However, Raleigh divorce lawyers will tell you that filing for a divorce can be a costly proposition. But if it is really the only option left, a more affordable type of divorce is the uncontested one. Here we will look at the basics of uncontested divorce, its benefits and disadvantages.

What Is Uncontested Divorce?

From the name itself, uncontested divorce occurs when both spouses have no objection over financial and other divorce-related issues. Compared to other types of devices, it can save the couple time and money since they would not have to go to court to resolve their differences. The process begins with one spouse filing for divorce. Here the paperwork is streamlined with all the necessary information and the grounds for the divorce indicated.

Benefits of Uncontested Divorce

One obvious benefit of uncontested divorce is the cost. Although attorney representation is often required in an uncontested divorce, the streamlined process has led to lower court and attorney’s fees. In this type of divorce, the couples get their request for divorce approved more quickly. For this reason, the couple can get to move on with their lives.

In addition, uncontested divorce can reduce the amount of conflict between the divorcing spouses. As it comes with fewer demands for information going back and forth and fewer problems to resolve, conflict between the parting couples is reduced. The most important thing is that it lowers the amount of private information to become public.

Disadvantages of Uncontested Divorce

One disadvantage of uncontested divorce is when the spouses involved are not in speaking terms. If one of the parties refuses to discuss the matter and is determined to get on with the process, any amount of money you spend will go to waste.

If one of the spouse is beating up the other, uncontested divorce is not recommended. When there is domestic violence involved, it is unlikely for the beaten up spouse to negotiate with the defendant.

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Car Accidents Have Various Causes

Posted by on Jun 1, 2016 in Personal Injury | 0 comments

Car accidents are among the leading causes of death and serious injuries in the United States. Every year, millions of car accidents happen despite extensive efforts to educate and inform about road safety and effective driving. In order to make roads as safe as possible, it is important for every motorist to know and understand the common causes of car accidents in order to effectively avoid them. Generally, there are two categories with which car accidents occur: driver error and outside factors not related to driver error. According to the Williams Kherkher website, driver error in the most common cause of car accidents in America, and the reason why it is important to have car insurance in order to protect yourself from any lawsuits that may be filed against you.

Driver errors cover a number of driving behaviors that can lead to car accidents. Often it is due to distracted driving, DUI/DWI, or reckless driving. According to the study conducted by the National Safety Council, a quarter of car accidents are due to distracted driving caused by using mobile phones. Being distracted or having muddled concentration can lessen the chances of properly reacting to sudden road hazards that could lead to fatalities. Decreased reaction time and poor decision making often leads to reckless driving,, causing you to be a danger to other motorists on the road.

Other causes of car accidents are those that are not related to driver error, such as poor road conditions and the weather. Mechanical problems are also cause for accidents. If the cause of the accident is proven to be another party’s negligence or recklessness, then the victim has the right to file a lawsuit to get compensation for their damages. The basis for a personal injury claim is the negligence of another person, therefore if the cause of the accident is due to such reasons, then the victim can be rewarded with compensation for their damages.

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Is It Likely for My Child to Get Cerebral Palsy?

Posted by on Jan 12, 2016 in Medical Malpractice | 0 comments

On the website of the lawyers with the Driscoll Firm, it is cited that 1 child in every 303 will have cerebral palsy. At present, there are over half a million people – children and adults alike – in the United States who are living with cerebral palsy. Lastly, there is no known cure for cerebral palsy.

This disorder may very well be one of the greatest fears of expecting parents for their children. This neurological disorder could affect every factor of their life and though it is non-progressive, which means that it will not worsen over time, it is still difficult to live with. Even with years and years of physical therapy and medication, the struggle will last for the rest of the afflicted person’s life.

So is it likely for your child to get cerebral palsy?

The answer is that there is no exact definitive answer. In some cases, the child becomes afflicted with cerebral palsy due to medical negligence upon the birth. Sometimes, it is because of significant or severe oxygen deprivation. The most common non-medical cause of cerebral palsy, however, is head trauma that is sustained by the child within their first two years of life.

If your child becomes afflicted with this disorder, it is understandably difficult for the entire family to deal with. Disabilities and disorders are rarely a laughing matter and can affect a person’s mental health through the years. That is why it is imperative that they receive the best sort of care that is available and that can be expensive and difficult to acquire. If the child in question was afflicted with cerebral palsy due to the negligence of another party, then it should not be the responsibility of the suffering family to shoulder the burden on their own.

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Uninsured or Underinsured Motorist Coverage

Posted by on Sep 16, 2015 in Insurance | 0 comments

A driver’s bodily injury liability policy and property damage liability policy are meant to cover the physical injuries and property damages, respectively, of innocent victims in car accident. This is the case in tort states (or states that require a tort-liability policy to all drivers). A problem will arise, however, if the driver at fault happens to be uninsured or underinsured.

All 50 states in the US require drivers to prove financial capability in compensating anyone (a pedestrian or another motorist) who they may injure or whose property they may damage in automobile accidents that are blamable on them. This capability to pay may be shown through auto liability insurance or a state-approved bond (in states that require auto liability insurance, not carrying one can result to a jail sentence and/or a fine plus a need to fill out an SR-22 form).

This requirement should be enough to allay any worry about receiving compensation from an at-fault driver’s insurance provider during accidents; however, based on records from the Insurance Research Council, 1 in every 8 drivers continue to freely drive on US roads and highways despite being uninsured. Thus, in order to ensure financial protection to drivers who comply with the law, D.C., along with 20 other states, requires its drivers to carry Uninsured /Underinsured Motorist coverage in addition to their auto liability insurance. This list of 20 states includes: Wisconsin; West Virginia; Virginia; Vermont; South Dakota; South Carolina; Oregon; North Dakota; North Carolina; New York; New Jersey; New Hampshire; Nebraska; Missouri; Minnesota; Massachusetts; Maryland; Maine; Kansas; and, Illinois.

Uninsured motorist coverage is designed to cover all economic losses and damages suffered by victims of accidents wherein the at-fault driver does not carry auto liability insurance. This coverage will, likewise, provide a perfect financial safety net if the accident were a hit & run or if it involved a stolen vehicle.

An Underinsured motorist coverage, on the other hand, is designed to supplement any inadequacy in the policy limit of the driver at-fault (this is usually the case when the driver at-fault carries only his/her state’s required minimum liability coverage, rendering his/her policy’s amount not enough to cover the damages suffered by the victim).

According to the website of the Mokaram Law Firm, being involved in a car accident can very well result in financial difficulties due to the high cost of medical treatment and the probable loss of capability to work (due to injuries). And, with more than five million car accidents still occurring in the US every year, wherein more than two million get injured and more than 30,000 are left dead, the case of victims should be handled seriously, especially in cases of fatal accidents, lest these lead to the financial suffering of their families and all others who will be affected.

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Workplace Accidents: Keeping Workers Safe from Accidents Involving Heavy Machinery

Posted by on May 3, 2015 in Personal Injury | 0 comments

Workplace accidents are unfortunately a very common occurrence in America. This is especially true for those who are involved in manual labor industries. In the area of construction work, for example, the Occupational Safety and Health Administration (OHSA) reports that the fatal injury rate for the industry is significantly higher than the national average for other types of work. Also according to OHSA, people working in construction sites face the risk of injuries due to common hazards like working from considerable heights, trench and scaffolding collapses, as well as malfunction with the equipment used for the job.

Heavy machinery is an integral part of construction sites. Without proper equipment, the process of building new structures can take a lot longer and require a lot more effort from employees. Unfortunately, heavy equipment and machinery can also be a source of dangerous accidents. Machines like cranes, forklifts, loaders, and bulldozers require careful operation. Aside from that, these machines also need to be properly maintained. Any malfunction caused by lack of upkeep can lead to devastating scenarios. In the same vein, employees who have not been properly trained to operate a certain type of heavy equipment can also cause accidents in the construction site.

As a result, employers have to responsibility to reduce the risks met by their employees in construction sites. These types of workplace accidents can easily be avoided as long as construction companies are able to observe proper safety regulations. When it comes to the use of heavy machinery, it’s important that employees receive proper training to learn the safe and proper way to operate all the equipment on site. It’s also crucial that these machines receive maintenance work regularly.

Employees who do get injured in accidents involving heavy equipment can seek proper compensation through proper legal channels. According to the website McCutchen & Sexton – The Law Firm, a workplace injury can have many devastating effects on the lives of employees and their families. It’s important that victims seek out the help of an experienced personal injury lawyer to learn more about the options they have to bounce back from such a devastating scenario.

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Why Should I Sell My Mineral Rights?

Posted by on Mar 5, 2015 in Mining | 0 comments

There are many reasons as to why an owner might opt to sell their mineral rights as opposed to leasing them. Perhaps you own certain rights and crave for something else or are in need of financial restitution, thereby finding yourself in a position wherein selling your mineral rights might be the most beneficial move for you to make.

One reason as to why owners might sell their rights is liquidation. The industry of minerals, oils, and gases is one that takes a great deal of risk and chance. Allowing for the well to, say, dry or for the resources to empty out before you can make a decision might not be advisable. That is why there are many corporations in the industry today that specialize in dealing with these aspects, in order to better handle them and allow for the minerals’ distribution to the markets.

Another reason for selling mineral rights is because of the almost instant financial satisfaction that it pronounces. If you are in dire need of financial resources then selling your mineral rights might be the salvation that you seek from a certain hot spot that you might be in. Just the same, selling these rights could save you from the obstacle of having to deal with additional taxes that comes from owning or leasing these mineral rights.

The market for minerals is also quite unstable and many people who choose to sell their rights wish to avoid that constantly shifting price, in order to give them more financial stability. Selling the rights washes your hands clean of all the dirt and grime, so to speak, that comes with owning something as complicated as mineral rights. These are only some of the reasons as to why you might want to think about selling your mineral rights.

However, if you do choose to sell these rights, those not exactly certain on how to sell mineral rights are advised to contact professional services in order to be made in contact with reputable buyers. This is so that you will be able to get the best possible deal for your property.

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Everyday Products for Women that Could be Dangerous

Posted by on Dec 17, 2013 in Dangerous Products, Personal Injury | 0 comments

Every week there seems to be another report or study suggesting that certain shampoos, antiperspirants, or other such products are linked to serious health problems such as cancer. This could contribute to unnecessary stress in your life, which is why it is important to understand the facts regarding various everyday products you may use and their potential hazards. If you are concerned about whether a product is safe for you to use, make sure you speak with a medical professional and learn the truth.

Potentially Hazardous Products

Many products that women use every day contain chemicals that have been linked with health problems. Doctors and researchers have raised concerns regarding the following women’s products and the dangers they may present to your health:

  • Hair dye – Reports connecting permanent hair dye to cancer are not 100 percent clear. While some research has connected hair dye to the increased risk of leukemia or lymphoma, other studies suggest no such relationship. When it comes to pregnancy, some physicians suggest waiting until the second trimester to use hair dye. Many women choose not to dye their hair while expecting.
  • Birth control – Recent studies have found that the contraceptive NuvaRing has been linked to a few potentially serious or even fatal side effects. NuvaRing has been a popular choice for women for over a decade because it does not require you to remember to take a pill every day. However, it could have serious side effects like blood clots and an increased chance of suffering a stroke. These side effects have been so serious that they have even led some victims to file a NuvaRing lawsuit.
  • Lipstick – A few years ago, there were a number of rumors that lipstick contained large amounts of lead. Fortunately, most color additive in lipstick is no longer made with lead, making them much safer for use.
  • Antiperspirant – Some studies have linked the aluminum compound in antiperspirants to health problems including increased risk of Alzheimer’s disease and breast cancer. However, experts are still undecided as to the true threat of this chemical.
  • Tanning beds – By now, almost everyone has heard of the dangers of tanning beds. Research suggests that tanning beds greatly increase your risk of developing melanoma—the most deadly form of skin cancer—due to ultraviolet radiation. Along with the risk of skin cancer, tanning beds also causes premature aging and wrinkles. If you want a tan look, consider using a sunless tanning lotion.
  • Phthalates – A number of products like nail polish and shampoo may contain chemicals known as phthalates. Recent studies suggest that exposure to phthalates during pregnancy could be dangerous for fetuses and may lead to abnormal development in male infants. Although the FDA says the evidence is not 100% conclusive, some potential abnormalities include low hormone levels and small genital size.

If you have any concerns about the products you are using and wonder if they could be negatively affecting your health, make sure you bring up your concerns with a medical professional. In many cases you can stop using the product and find a replacement that is better for your health.

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Surgical Mistakes

Posted by on Nov 4, 2013 in Medical Malpractice, Personal Injury | 0 comments

Robotic surgery can be an advantageous choice for both doctors and patients. Using this technology allows doctors to make more precise incisions since the robotic limbs do not shake like human hands are prone to do. This precise method of surgery can potentially shorten the healing time for patients. When everything goes as planned, doctors operating the da Vinci robot conduct surgery by manipulating the robotic system from behind a computer screen. This method is less labor intensive for doctors and allows them to preserve energy for more surgeries.

Despite these advantages, robotic surgery has been scrutinized after a recent influx of concerning reports. Researchers aren’t sure whether more negative incidents involving the da Vinci system are occurring, or whether hospitals and the manufacturer, Intuitive Surgical, are becoming more vigilant about reporting incidents. The da Vinci robotic surgical system has been hugely popular; some people credit this popularity to the impressive cutting edge technology. Other people credit da Vinci’s popularity worldwide to aggressive marketing initiatives. Intuitive Surgical markets to hospitals and patients through many different media forms. In addition to roadside billboards, the presence of online banners and hospital pamphlets normalize and promote the idea of robot-conducted surgery.

Unfortunately, some patients have died or been seriously injured during robotic surgery. In 2007, Juan Fernandez of Chicago died during a spleen removal surgery. His family won a $7.5 million lawsuit that argued the surgeon had never performed robotic surgery before operating on Fernandez. Across the country in California, a man was having a prostatectomy when the da Vinci robot perforated his colon. Though the patient survived, the mishap was medically disastrous and caused need for many more surgeries to repair the colon. Additionally, a woman who was having a hysterectomy, an extremely common robot-performed surgery, bled out when the da Vinci robot nicked a blood vessel.

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Misdemeanor Charges

Posted by on Sep 20, 2013 in Criminal Law | 0 comments

People who have been charged with misdemeanors or criminal mischief are usually those who have already been charged with other petty crimes such as disorderly conduct, underage drinking, or public drunkenness. It may be difficult to firmly determine what criminal mischief and misdemeanor means since there are regional differences in various states, but generally these are any act that is made with intent to damage other people’s property. Punishment for these acts also differ from state to state, therefore it may be hard to conclude the severity of the acts.

Anyone who is proven guilty of criminal mischief that endangers that life of another person or persons is considered guilty of a criminal offense and is answerable to possible life imprisonment. Vandalism is the most common and usual form of criminal mischief, although they can also be present during domestic violence, violent outrages, and many others. On Civil Law cases, misdemeanor charges are often due to another person’s negligence causing physical injury (these charges are distinct from criminal mischief charges).

There are three categories for criminal mischief charges: damages adding up to less than $100 is considered a Class 3 misdemeanor, damages between $100 – $500 is a Class 2 misdemeanor, damages between $500 – $15000 is considered a Class 4 felony, and lastly damages amounting to $15000 or more is a Class 3 felony.

Criminal mischief charges can affect a person’s life, especially in the long run. It may difficult to understand the true weight of a criminal mischief charge, so finding the right legal defense is one way to ensure that these charges won’t haunt you for years to come.

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