Month: March 2018

If you’ve experienced a personal injury, chances are you may have a lot of feelings to process. Your feelings of anger, sadness, or even hopelessness are normal when it comes to gauging your current mental, physical, and emotional standing in relation to your personal injury.

Find Law elaborates that personal injuries are injuries an individual obtains after being subjected to a situation or an accident that can be attributed as a fault of another person. As such, when it comes to personal injury cases, the plaintiff will have to establish that the defendant is the person at fault. Court judgment will formalize such a decision, which makes trials something people can’t fully control. Meanwhile, another solution that is common for those experiencing these cases is something called an informal settlement, as this is where both parties decide to forego any future legal actions after a party is paid a particular amount. 

Identify What Injury You Experienced

Regardless if whether or not you’re seeking legal action, remember that it might help to understand the kind of injury you experienced so you know exactly what kind of options a lawyer may present to you.

• Accidents are considered sources of personal injuries when an individual’s recklessness caused harm to another person. Opposite this is an intentional act, where an intentional action has caused harm to a person, such as battery.
• A person can be found liable for injuries related to a defective product, especially if said product defect has created product liability claims.
• Defamation, or when a statement can cause harm to another’s standing, can also be a cause for personal injury.

Identify Damages You Want To Recover

When it comes to considering your actions after a personal injury, you have to get a good grasp on just what sort of damages you want repaid as part of your compensation. This is because an accident has likely cost you money for expenses another party should’ve been responsible for.

• Damages is a form of compensation paid to you that is based on the quantifiable costs of things you’ve purchased or paid for after the injury/accident. These include medical and therapy costs, and even property damage.
• Compensatory damages is a form of compensation that can be paid to you for things that aren’t quantifiable or tangible. These include loss of companionship and income, as well as pain and suffering.
• Punitive damages is a form of compensation that can be paid to you as form of punishment for the party at fault.

Don’t Forget The Statute of Limitations

Should legal options be some of the things you want to consider, don’t forget about something called the statute of limitations. This is the legal concept attached to any potential lawsuit wherein one party can only file a particular case within a certain amount of time. In the case of personal injuries, this means an injured party or the plaintiff can only file a lawsuit against another person regarding the injury for a set period.

• When deciding on what legal action to take, do consider discussing your options with your lawyer, especially in terms of statutes of limitations, as these differ per state and what kind of injuries you’re talking about.

Consult Your Lawyer

After thinking about the things above, it’s important to communicate with a lawyer to identify the form of legal actions you should take in regards to your personal injury. This is because deciding on a course of action immediately without a lawyer’s guidance might not be a good decision to make.

• After all, both a settlement and a court trial have their advantages and disadvantages that are best discussed with an attorney, but studying the considerations above are also likely to help.

Conclusion

Do remember that dealing with your personal injury can seem overwhelming, but it’s not something that is impossible to do. Always try to take a step back, take a deep breath, and assess your situation from different angles. If you’re sure you may need to pursue legal action for the matter, you can click here for further assistance.

Numbers from the World Health Organization indicate that road traffic accidents are the eighth leading cause of fatalities among people worldwide. In fact, there’s an estimated 1.25 million people dying every year due to these crashes, meaning that there are at least 4,300 people dying from these accidents everyday. Of these numbers, half of them actually come from what the WHO calls “vulnerable road users,” or road users such as pedestrians, and motorcycle and bicycle riders. These fatalities are often the result of these vulnerable road users colliding with vehicles such as cars, buses, and trucks that are often larger and sturdier. Outside these numbers, 20 to 50 million people around the world either suffer various kinds of injuries or gain a disability as result of these accidents.

While a vehicle accident itself can seem hassling enough, it seems it’s a bit more stressful than usual if you have to deal with an accident with a reckless driver. Dealing with such a driver can make things a bit more complicated depending on the circumstances surrounding the accident in itself, but a few reminders can help:

Get Information, Documentation

After the accident, if you’re safe, immediately try to get as much information as you can about the people and circumstances around you. Whenever you talk to people, always remember to maintain politeness and respect. However, don’t you ever apologize for anything in the accident as they may think of it as admission of fault.

• Get the names and contact information of everyone in the scene, including passengers, witnesses, pedestrians, and other drivers. Get their license numbers, contact numbers, and other relevant information that may help you get in touch with them.
• Ask responding officers if you can get a copy of the police report that they file. Ask for their name, badge number and contact information for easier reference.
• Try to take pictures of what’s happened in the scene. Take pictures of damages in vehicles and other property, as well as injuries that happened to you. This helps you get a better idea on what to show your lawyer and how these can help establish a case.

Consult Legal Counsel

When you have the time, try your best to get in touch with your lawyer immediately. They are the best people to consult when it comes to matters of vehicle accidents, especially if your lawyer in particular has a background on traffic law. They may be able to be the ones capable of knowing just what is best for your particular needs.

• Always remember that laws differ from one state to the next, which means certain traffic laws that may have particular variations that don’t exist in your particular state. As such, a lawyer can give you a better background on how to proceed with consideration of your state’s laws.
• Always remember as well that different accidents have different situations surrounding them, which means no two accidents can be dealt with the same manner. If you have the necessary documentation, a lawyer can help you with the kind of outcome you want.

Your Intention Is Important

Remember that part of the most important legal things to do is to notify your lawyer of your intention and what you want to get out of these circumstances. You can either settle or take the case to trial, and you may have a reason to prefer either option. Explain your decision to your lawyer carefully so they can give you advice on whether or not that choice is good or if there’s a better alternative. Your decision will ultimately influence your other legal actions in the future related to this accident, so be careful with your choice. Click here for further legal assistance.

Statistics from the Occupational Safety and Health Administration indicate that 15 percent of accidental deaths in the workplace actually occur because of falls, trips, and slips. Although this number seems small, this in fact makes slipping and falling the top cause of accidental deaths in the workplace, second to being involved in motor vehicle accidents. In fact, injuries from falls on the same level and to a lower level were the second and third leading causes of disabilities gained in the workplace as of 2011.

Slipping and Falling: How This Happens

In its most basic sense, anyone can slip almost anywhere. Slipping, and even tripping, can result in falls. Unfortunately, falling the wrong way can cause injuries that can disable individuals, or even kill them. When these happen in the workplace, they can be especially costly to everyone involved.

• Slips occur when surfaces get slippery due to oily or wet processes. These can include substances from debris and materials left along the walkway, leaks, and floor cleaning. If surfaces are uneven, they can also cause slips such as bunched floor mats, depression or holes, protruding nails and boards, and even uneven carpeting.

However, perhaps the most danger from slips, trips, and falls come not from the act itself but from the injuries they can cause. Some of them are the following:

• These can cause dislocation of body parts. When you fall from slips, there’s a possibility for a body part to be dislocated. The shoulder is particularly prone to such a possibility. Not only is a dislocation painful, but it will most likely require immediate medical attention to be treated properly. Some cases of dislocation will require patients to receive months of physical therapy to ensure they can fully use the affected joint again. In worse cases, patients need to undergo surgery in order to repair and stabilize the joint.

• These can cause sprains and broken bones. Twisting ankles, elbows, and knees are common when you fall from slipping. This is why these incidents normally cause torn ligaments that may take many months to heal. In worse cases, broken bones can come with these tears and sprains.
• These can cause injuries to the spine. When you fall from slips, sometimes these can cause complications to the spinal cord and the back. In worse cases, you may fracture a vertebra or even have a herniated or slipped disk. A mild injury to back itself can be debilitating, and worse falls can cause severe impacts on a person’s mobility.
• These can cause head injuries, and worse, brain injuries. These injuries can range from something mild like a concussion, and in some worse cases, they may even cause permanent cognitive damage. Unfortunately, these injuries can also cause seizures, impairment to motor skills, and chronic headaches.
• These can cause hip fractures. Unfortunately, hip fractures aren’t only expensive to treat, but can also severely debilitating. A lot of victims may require not just prolonged stays in the hospital and rehabilitation center, but even hip replacements. Elderly people, in particular, are vulnerable to such injuries.

Conclusion

Always remember that when it comes to slipping, tripping, and falling, it’s important to always be aware of one’s surroundings and always be on the lookout for your safety. It can be a good idea to be extra wary and alert of one’s surroundings in order to get a good assessment of what can go on within a particular environment, especially when you know a location is especially slippy or under maintenance. Do click here if you think you’re in need of further legal assistance.

World Health Organization states that road traffic accidents are in fact the eighth leading cause of deaths among people worldwide annually, with 4,300 people dying because of these crashes every day. Of these numbers, half belong to “vulnerable road users,”such as pedestrians, and bicycle and motorcycle users, as the deaths are caused by collisions with sturdier vehicles such as cars, buses, and trucks. This makes road traffic accidents also the leading cause of death among individuals that are 15 to 29 years old.

Just because accidents are common, however, doesn’t mean that you can’t avoid them entirely. You can actually keep yourself safe from accidents by following these handy tips:

• Know your route properly. A lot of accidents happen because of lack of knowledge, and sometimes drivers tend to underestimate the kind of information they know about the paths they’re taking. If you’re taking the same route on most days, especially to and from school or work, try to assess just what kind of intricacies and situations are happening on your route. Do accidents occur here often? When, what time, and where in particular do these things happen? These can give you a general idea on what to avoid at certain times of day.
• Know your state laws properly. You may consult with a legal professional about this, but try your best to be familiar with the kind of laws that might affect your safety. This is especially important since some states have different laws and regulations, which means your knowledge on them is vital as minute differences in what signs mean can spell life or death.

• Don’t lose focus on what signs, signals, and warnings mean. Always refresh your memory about what certain signs mean and what they stand for, so that you’re always aware as to whether or not certain cars or pedestrians are doing something they can’t verbally express.
• Don’t lose your focus on your surroundings. Keep an eye on the road and on ongoing and upcoming traffic to have a general idea on what’s occurring everywhere. This gives you a heads up whenever something weird might be happening and how you can avoid it.
• In fact, be extra wary of your surroundings. If you think something’s not right with your particular path, do find an alternative that can take you home. If there’s heavy traffic nearby, for instance, try taking an alternate route instead.
• Don’t let yourself be distracted by things around you. Don’t use your mobile phone or other gadgets while driving, especially if they’re not important for your safety. Don’t overestimate your multitasking skills, as losing even a little focus on what you’re doing can mean life or death for you.
• Don’t drink or consume illicit substances before or while driving. These substances might have a profound effect on your senses that might leave you vulnerable. Losing your focus even for a tiny bit can raise the risks of accidents for you.
• Maintain eye contact whenever you see pedestrians, as this will notify them that you’re aware that they are moving, especially when they have to cross the street.
• Follow regulations even when there aren’t other vehicles out there. Making road safety a habit can ensure that you’re capable of following regulations everywhere and can be a good way for you to guarantee that you’re still keeping an eye out of the safety of others as well. Remember, if you want to keep yourself safe on the roads, you have to do your part and try to keep the roads safe for other people as well.

Conclusion

Always remember that when it comes to road safety, it’s extremely vital for you to understand what signs around you mean and how they work. Having a good understanding of these concepts can allow you to determine how to act in certain situations without potentially endangering the lives of those around you. Do click here if you believe you’re in need of further legal assistance on the matter.

If you’ve recently been terminated, it’s not wrong to feel a lot of things. Becoming unemployed, after all, has a lot of implications and you may or may not have prepared for them. However, if you feel as though you’ve been terminated for the wrong reason, then you may be looking at a potential lawsuit.

According to FindLaw, while a lot of individuals may feel as though their termination from their job can be “wrongful,” and especially so if there was no clear basis for their termination, the legal definition of a “wrongful termination” is very specific.

For a brief background, a person is wrongfully terminated if they’re fired because of a reason that is considered illegal. This may involve the violation of contractual breaches and even anti-discrimination laws. This is why employers can’t fire employees based on disability, religion, ethnic background, gender, or race. Employers also can’t fire an employee that filed a legal complaint, or because they brought the wrongdoing of an employer to light. If you’re looking for more specifics, here are some legal factors when dealing with wrongful termination:

• Find out the limits of at will employment. In most states, employment is considered “at will,” which means employers may in fact fire you and you may quit regardless if a reason exists or not. However, termination that is done in retaliation, violates contractual obligations, or doesn’t follow anti-discrimination policies is illegal.
• Were you terminated despite protocol? Protocols are important despite the existence of contracts and at will laws. For instance, if the company policy states that you can only be removed after two warnings, and you were removed after one, you can file a claim for wrongful termination.
• Were you fired because of a protected trait? As mentioned, employers cannot terminate or do adverse actions against employees simply because they have a protected characteristic. These include disabilities, pregnancy, age, religion, national origin, gender, and race.
• Were you fired despite your contract? Once you’ve signed an employee contract, both you and your employer must follow the terms the contract has stated. Even if you haven’t signed one, if your employer made a verbal promise, they are still obliged to follow that “implied” contract. For instance, if you have a contract stating you have to do particular duties for six months, your employer may decide to have you stay or let go after six months. Terminating you prior to that can lead to more issues.
• Were you fired because of retaliation? As mentioned earlier, some states have different rules when it comes to protecting employees against retaliation from the moment you report activities of your employer that are unethical or illegal. If you’re also terminated because you didn’t perform something illegal, you have the opportunity to file the case.
• Were you fired because to took protected time off? Some states allow employees who worked for a particular number of hours to take unpaid leave to recover from illness or take care of a family member. These laws cover military service members on active duty, or if you’ve taken time off to serve on jury duty or vote. Your employer cannot fire you if you’ve taken any of these leaves.

Conclusion

Legal factors related to wrongful termination are more or less about the kind of reasoning your former employers have given you with regards to your termination. It’s important to assess whether or not they’re within your rights or if they’ve infringed upon your rights before deciding if a legal action is the needed course to take. Do click here if you’re in need of further legal assistance.

World Health Organization statistics state that at least 270,00 pedestrians do in fact become fatalities as a result of accidents on the road yearly. This is 22 percent of all road traffic fatalities worldwide annually. However, pedestrians who do walk on streets are still at risk of construction accidents.

To put things into perspective, New York City had 433 construction site accidents in 2015, which resulted in the injuries of a grand total of 471 pedestrians and construction workers. 11 people died that year as well.

This means accidents do happen to anyone, at anytime and anywhere. This doesn’t mean however that you shouldn’t go out anymore. Rather, it’s time for you to be more aware of your role as a pedestrian and be more vigilant when it comes to pedestrian safety. Here are some tips to keep in mind in order to avoid construction accidents:

• Know your exits. If you’ve always traversed a particular route, it’s best to be aware of the nooks and crannies surrounding that route. Shortcuts, hospitals, clinics, police stations, and relevant places of assistance and safety should always be on your mind whenever you’re walking anywhere. This helpful so that if you do see a construction site, you can be automatically aware of where you can go alternatively should there be a need to.
• Follow protocol at all costs. While pedestrians don’t have to be briefed when it comes to construction sites, you do need to be at least aware of the signages that are around the place. If you see certain signages such as cautionary warnings of falling debris, slippery surfaces, or even the plain declaration that a place is indeed a construction site, do be extra wary of your surroundings.
• If you have to pass a construction site, be on high alert about everything. Chances are you’ll have to put some distance between yourself and the construction site in itself, which means you may be putting yourself closer to the road than the sidewalk at the side of the construction site. This means you have to be wary of both the construction site and the roads around you.
• Consider wearing safety equipment. If you’ve noticed that a construction site has appeared in your usual route to school or to work, it wouldn’t be so bad to wear safety equipment such as a helmet and joint guards if you have some at home. You might look a bit ridiculous being out there in the open with such equipment, but the added protection they offer can be of great assistance in the long run.
• Converse with the workers when they’re not busy to get to know the intricacies. If you’ve noticed that some of the construction workers are taking a break, do try to approach them to see if there are tips they could give to ensure your safety as a pedestrian that specifically applies to the kind of building they’re creating.
• Avoid them at all costs. Of course, perhaps of all tips available, the most practical would be to avoid the construction site in the first place. Construction sites are already isolated as much as possible could with drapes, signages, and other forms of blocking material to ensure any unsuspecting pedestrians can’t be hurt if anything happens. As such, if you do encounter construction sites and you do have alternatives, it may help to avoid these construction sites and take the alternative roads in the first place.

Conclusion 

Remember, it’s important to make sure you’re aware of your surroundings when you’re a pedestrian, but this is much more so apparent if you know you’re walking by a construction zone on your way to your destination. Knowing what to do to keep you safe can involve being aware of what’s a potentially-dangerous situation, and what you can do about it. Click here if you’re in need of legal assistance.

According to statistics from the Centers for Disease Control and Prevention, from 1999 to 2001, almost a third of nursing home facilities in the United States were actually cited for violating federal standards in relation to keeping their institutions safe. These violations can cause harm, to the elderly residents of the facilities. At that time, nearly 10 percent of those institutions had something that posed risk of death or injury, or already caused the deaths of elderly individuals.

Outside those years, more than 40 percent of residents from nursing homes have actually reported some form of abuse. 90 percent of them also shared that another resident, not just them, may have been neglected as well.

While these statistics don’t necessarily imply there’s always negligence associated with nursing home injuries, they are part of the legal considerations you should consider when dealing with such.

Considerations With Nursing Home Injuries:

These statistics show that nursing home injuries can affect a lot of dimensions, not just in the lives of residents, but in the lives of the people who care for them and the institutions themselves. While this doesn’t imply that all nursing home facilities are unsafe, it does mean you should be more wary of nursing home injuries, as they may also be signs of forms of neglect and abuse. Here are legal considerations when dealing with a nursing home injury:

• Was there negligence involved? You have to check if there was any form of negligence done on part of the employees and workers inside the nursing home. Sometimes elderly residents of the nursing home might be left to their own devices without proper supervision, and as such may experience injuries.
• Was there any form of physical abuse involved? You also have to check if there was in any way any form of abuse that occurred inside the institution? You have to be able to determine whether staff inside the nursing home actually conducted some form of abusive move such as hitting or intentionally injuring the elderly.
• Was there any form of emotional and sexual abuse involved? Sometimes, aside from physical abuse, you have to look for signs of emotional and/or sexual abuse. If you think your elderly loved one is adversely reacting to things that are otherwise safe, they may be reacting towards materials that have been used to harm them. You may have to check in on these things as well.

• Was there any way to ensure that patients and residents are receiving adequate care and treatment? A lot of elderly patients and residents in the nursing homes are also sent there in order to receive adequate care that otherwise couldn’t be provided by their immediate relatives. If you have an elderly parent or relative in the home for that reason, you should check if the care they provide is up to standards, or if its substandard care. If it’s the latter, then it can be a potential lawsuit.
• Was there negligence in terms of hiring? Do you think the nursing home has negligently hired someone who ended up intentionally harming, abusing, or neglecting a resident? This might be because of lack of adequate supervision and training on part of the institution.

Conclusion

Nursing home injuries can be caused by a lot of things, and if you think the injuries weren’t something the elderly or the resident has done, then you may be looking at a lawsuit. However, before being too quick on your toes, do assess the above first with a lawyer to determine the kind of actions you can take. Click here to know more.

According to the World Health Organization, there are approximately 1.25 million people that die as a result of road traffic accidents annually, which means around 4,300 people die every day due to the same reason. These numbers make road traffic crashes the eighth leading cause of deaths among individuals today, and outside these numbers, another 20 to 50 million people in fact either suffer from various injuries or even end up being disabled as a result of a car accident.

When you’re caught in a car accident, it’s important to understand that there are a few key legal factors involved that may help decide on your best course of action related to the incident. These are the following:

On Blame: Who Gets It?

When it comes to injury cases, seeking for compensation is a common thing to be expected. However, before a case on injury is won by the plaintiff, it’s important to first establish blame properly. Blame is an integral part of an injury case as this declares that a party has in fact caused the injury in question. Proving blame can be done in these parts:

• The defendant has an obligation to provide reasonable care to the plaintiff, especially when it comes to the activity in question. In the case of a car accident, the defendant is obliged to keep other drivers, pedestrians, and even passengers safe by virtue of owning a vehicle.
• The defendant has “breached” or broken this duty and obligation. There has to be an assessment if the driver in question has breached the duty because of recklessness or negligence, or if there was intention involved.
• The defendant’s breach of the duty has caused the injury in question.
• Establishing blame properly can be an integral part of your case, as this determines whether or not you may or may not receive compensation.

On Compensation: The Damages

When it comes to compensation, it’s important to remember that there are various kinds of compensation for various kinds of “damages.” In the case of a person, damage done to them is called an “injury” and there are various kinds of compensation related to this.

• Economic compensation involves quantifiable costs that have to be reimbursed throughout the course of the accident and the trial. This is because the plaintiff has spent their money on treatment that should otherwise be the burden of the defendant.
• For instance, things such as hospital bills, therapy, medicine, and other expenses that could be attributed to the accident can be retrieved through economic compensation.
• This is why it’s important to make sure you have documentation on hand, such as receipts, records, and correspondences.
• Non economic compensation involves qualitative things the plaintiff has lost due to the accident. These may involve pain and suffering, the mental and emotional strain on the plaintiff due to the subject, the trauma they may have experienced, relationships that may be ruined, and job opportunities that might be lost.

Conclusion

When it comes to car accidents, it’s important to understand that it’s important to first and foremost make sure you’re safe and you haven’t suffered major injuries. Unfortunately, car accidents can also have a profound effect on various aspects of your life. It’s important to get a good grasp on your legal options and key considerations before moving forward on what you’re supposed to do. Do click here for legal assistance on the matter.