Filing a Suit After a Roof Collapse in a Rental

Work Related Deaths: What To Know About Workers’ Comp And Death Benefits

Posted by on Apr 26, 2016 in Uncategorized | Comments Off on Work Related Deaths: What To Know About Workers’ Comp And Death Benefits

Workers’ comp is well-known for providing those with on-the-job injuries benefits, such as a portion of lost wages and medical expenses. When the unthinkable happens and that employee dies as a result of a work-related injury, the survivors of that worker are also entitled to receive death benefits from the employer’s workers’ comp insurance company. If you meet the requirements, you may be able to get a lump sum or monthly payments, and more, so read on to learn more about who can receive these benefits and how they are paid. Qualifying Family Members The main determining factor in who is qualified to receive death benefits is whether or not you were financially dependent on the deceased worker. The rules vary from state to state, but this generally can include the following: Spouse: The income of the spouse may be taken into consideration in some cases. Children: Any biological or legally adopted children under the age of 18 can qualify. Children over the age of 18 who are enrolled in college are eligible until the age of 25. Disabled Children: Regardless of age, these children qualify. Determining Death Benefits The rules for the death benefit qualification are similar to those of regular workers’ comp when determining qualifying injuries: The death occurred at work or at a work-related event. For example, if the worker died while participating in a required seminar held at a convention center in a neighboring town, they would be covered. The death occurred as a result of an injury, illness or condition caused by the work itself, even if not on-site. For example, the worker may have suffered a bump to the head while at work. This injury may have been thought to be too minor to treat at the time, but the worker later died of a brain injury. The death occurred as a result of a preexisting condition, which was not work-related, but that was made worse by a work-related injury or working conditions. The Benefits Available 1. All of the medical bills that are related to the death. 2. Burial benefits. 3. Most states pay approximately two-thirds of the deceased worker’s salary, but there are dollar and/or time limits applied to this sum. 4. The total amount available may have to be divided among all eligible family members. 5. These benefits may be paid either monthly or lump sum. 6. Spouses can continue to receive benefits for their lifetime, or until they remarry. 7. Children can continue to receive benefits until they reach age 18, or 25 if in college. 8. Disabled children can continue to receive benefits for their lifetime. The financial benefits available to surviving family members may offer little comfort initially, but the financial implications of the loss of your loved one’s contribution will eventually only add to your suffering. Contact a workers’ comp attorney, like those at Williams Williams & Bembenek PC, for more information, support and to ensure that you get the death benefits that you and your family...

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Two Super Easy Ways To Help Your Personal Injury Lawyer Get A Bigger Settlement For You

Posted by on Apr 13, 2016 in Uncategorized | Comments Off on Two Super Easy Ways To Help Your Personal Injury Lawyer Get A Bigger Settlement For You

Working with a personal injury lawyer is often a collaborative venture. While the lawyer can certainly get a nice settlement with only minimal input from you, they may just be able to secure an even better settlement if you can help them out in a few key ways. If you have been injured and need a significant settlement to compensate for it, try helping your lawyer in the following two ways.  Get Your Police Report ASAP In most injury cases, especially in car accident cases, the police will be called to the scene of the accident. At that time, the responding officer will begin to write up a police report recording the details of the accident. This information can be absolutely critical to proving your injury case, so obtaining the police report as soon as possible should be a priority. The police report will be created at the precinct that responded to the accident, and that is generally where you will obtain your copy of the report.  The official police report will take some time to create (it may be anywhere from a few days to a few weeks, depending on your specific location). In the report, you’ll get information such as police observations, statements from the other people involved in the accident, information about the insurance companies for all people involved, and anything else that the officer deemed relevant. If you get the police report as soon as it’s available, you can take it along to your consultation appointment. Although your attorney can obtain the police report on your behalf once you’ve hired them, you’ll save time and help them move the case along faster if you have that report in hand at your consultation. Snap Some Photos When you hire a personal injury lawyer, they will often dispatch an investigator to the scene of the accident for the purpose of evidence collection. However, in many cases, the evidence may be long gone by the time the investigator arrives. If at all possible, snap some photos of your own, as soon after the accident as possible. If you are able to, take photos at the scene of the accident.  These photos — even if they are just grainy cell phone photos — can be very useful in establishing fault in an accident. For example, your photos might reveal a pattern of skid marks that shows how the other car sideswiped your vehicle. Perhaps your photos could reveal that the floor where you slipped and broke your leg had no “Caution Wet Floor” sign, even though it was freshly mopped. Even if you think there is no real evidence at the accident scene, snapping those photos is a good way to protect yourself. You never know: your lawyer may just spot something critical that you missed. Use the two tips above to help your lawyer get the settlement you need and deserve. Doing these things takes only a few minutes of your time in most cases, and it could pay off in a big...

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2 Things You Need To Understand Before Filing A Personal Injury Lawsuit

Posted by on Apr 1, 2016 in Uncategorized | Comments Off on 2 Things You Need To Understand Before Filing A Personal Injury Lawsuit

Lawsuits are filed everyday. Many people see legal dramas on TV and think that they understand how the legal system works. Unfortunately, many of these television shows are not necessarily accurate. This is why it is important to educate yourself on how the legal system works so that you can be prepared if you need to file a lawsuit. Here are some things you need to know about civil cases. 1. Civil Court is Different Than Criminal Court First of all, it is important to recognize that civil and criminal courts are totally separate divisions of the legal system. This means that if you have been charged with a crime, you could essentially be tried in both a civil court and a criminal court. This is because a criminal suit is brought about when the state presses charges against you. For instance, you might have assaulted a person, and so the state presses charges. In criminal court, if you are found guilty, you will be punished by jail time, fines, or community service. Conversely, you could also be sued in a civil court. Civil court is when one citizen files a suit against another person for the pain and suffering that they caused them. Thus, using the situation of assault, the person who was assaulted could sue you for compensatory damages. This means that they would sue you to pay for their medical bills, lost wages, any damaged property and even pain and suffering from the accident. In a civil court, you won’t be ordered jail time, instead the punishment will be in the form of money. If you are found guilty, you will be asked to pay the plaintiff a certain amount of money. 2. Civil Cases Have Statute of Limitations In a civil case, you only have a certain amount of time that you can actually file the lawsuit before your opportunity expires. This means that if you were involved in a dispute and you want to file a lawsuit years later, you might have already forfeited your chance. In most situations you only have a couple years to file the lawsuit and then you no longer have the chance. Generally criminal cases have no statute of limitations. If you killed someone 2 decades ago, you can be charged and tried for that crime at any time. By understanding the difference between the civil and criminal courts you can know what to expect if you get in trouble with the law.  Click on this link to speak with a personal injury lawyer or do an online...

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Three Auto Accident Tips

Posted by on Mar 22, 2016 in Uncategorized | Comments Off on Three Auto Accident Tips

When you have been unfortunate enough to be involved in a car accident, it is important for you to know how to respond to these situations. In addition to placing you at a great risk of bodily harm, an auto accident can cause extensive financial losses for you. To help you avoid the worst consequences of an auto accident, you should make sure to keep these three tips in mind. Keep Emergency Flares In Your Car A severe car accident can leave you stranded on the side of a busy road, and this can place you in extreme danger from passing cars. This is especially true at night or during times of inclement weather. To help avoid being involved in a secondary accident, you should make it a point to keep emergency road flares in your vehicle. By deploying these flares while you wait for help, you can help ensure that passing motorists are aware of your accident and given the opportunity to take safety precautions while passing by. Keep A Camera In Your Car The police report will be one of the most important documents from your auto accident. However, it is an unfortunate reality that these reports can not tell the full story of the accident or the damages that it caused. Additionally, if you end up going to court over your damages, the police report may not paint a particularly powerful image of what happened during your accident. To help combat these problems, you should make sure to keep a camera in your car at all times. By snapping a few pictures after your accident, you will be able to provide hard photographic evidence of the damages that were caused and the conditions of the area where the accident occurred. Contact An Attorney As Soon As Possible Shortly after the accident, it is likely that the other driver’s insurance will contact you with an offer to settle the claim. While it can be tempting to agree to the terms so that you can get a seemingly large amount of money, it is critical to have an attorney review the offer. Many times insurance companies will undervalue claims in an attempt to preserve profits, and having an attorney review any offers before you agree to them will give you a chance to make sure that you are receiving a fair offer for the damages that you sustained. If you have been involved in an auto accident, you must understand the basic steps that you should take to help keep yourself safe from the consequences of these accidents. Understanding the value of keeping emergency flares and a camera in the car as well as the need to have an attorney review any insurance offers will help you to ensure that you are in the best position possible following an auto accident. Contact a personal injury attorney for more...

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Accidents Happen When Truck Drivers Are Distracted: Learn More About Distracted Driving Accidents

Posted by on Mar 4, 2016 in Uncategorized | Comments Off on Accidents Happen When Truck Drivers Are Distracted: Learn More About Distracted Driving Accidents

Truck accidents happen around 11 times a day in the U.S., on average, injuring and killing thousands over the course of a year. While many people realize that mechanical failure and driver fatigue are responsible for many of the accidents, people are less aware of the role that distracted driving. This is what you should know about distracted driving and truck accidents. How dangerous is distracted driving among truckers? Distracted driving is actually one of the top three causes of truck accidents, and drivers are finding more and more distractions every year as more and more technology ends up in the cab in the form of GPS devices, cell phones, satellite radios and more. Truckers may be particularly prone to distraction simply because sitting in a truck cab for hours on end can be boring, especially when drivers regularly travel the same routes over and over. What types of distractions do drivers face? There are actually four different types of distracted driving: Manual–Manual distractions include things like trying to adjust the radio to get rid of static, talking on a CB, drinking coffee, or eating a sandwich. While a separate figure for trucks wasn’t given, studies indicate that eating while driving is behind an incredible 80% of all on-the-road accidents. Visual–Visual distractions include glancing down at a GPS or reading a text that just came through on a cell phone. A vehicle going 55 miles an hour travels about the length of a football field in the 4.6 seconds it takes to read an incoming text. Audio–Singing along with the radio, listening to back-seat drivers, arguing with a passenger, seeing something that draws your attention to the side of the road, or being startled by the sudden voice of your navigation system can all lead to accidents. Statistics indicate that 7% of driving accidents are caused by the driver’s attention being drawn to something outside the vehicle and 5% are caused by interactions with people inside the vehicle. Cognitive–Some accidents are the result of nothing more than inattention. A bored driver might just be lost in thought about something else. Sometimes other types of distractions end up becoming cognitive distractions. For example, studies indicate that drivers who finish a call or make a music selection remain cognitively distracted for up to 27 seconds after they are done. How do you prove a driver was distracted? There are a lot of different ways that truck accident attorneys can seek to prove that distracted driving was at the heart of an accident. For example, it may be possible to use credit card receipts and photos of the accident scene to show that a driver had just gone through a fast food drive-thru and was eating while driving. Some trucks have in-dash cameras that will record a driver’s action. (Drivers may try to block the view of the camera, but that also tends to make juries suspicious.) Witnesses can also be used to testify if they saw things like the driver’s head turned away to look at something on the road or saw a cell phone in his or her hand. If a trucker’s distracted driving has caused an injury to someone in your family, talk to an attorney today about the possibility of pursuing a legal...

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The Hardships Of Transitioning From Military Life With Pain

Posted by on Feb 16, 2016 in Uncategorized | Comments Off on The Hardships Of Transitioning From Military Life With Pain

Veterans may find it hard to settle into a civilian life for various reasons. For many veterans, the military is the first major event of their adult life and may be the only way they know to live. For others, the culture is just so vastly different that shifting gears into another career is too challenging to do alone. If you’re able to jump those hurdles, pain and mobility issues can still hold you back. If you’re fresh to the veteran scene and not sure about pursuing compensation, take a short look into the life of pain adjustment and ways that an attorney could help. It May Not Seem Like Much Now… If you’re under severe pain because of military-related problems, seek a lawyer as soon as possible. There’s a lot of good advice that can help veterans who aren’t sure of their condition, but if you’re unable to function and constantly in dire pain, it’s better to put your chances at compensation in the hands of a lawyer who can work with Veterans Affairs for disability compensation. Don’t debate it, just do it. The rest of this article is for veterans who aren’t so sure about their conditions. Not all injuries are caused by combat situations, incidents in the workplace or severe car accidents. The simple act of being in the military with all its long shifts, awkward boots and rough conditions can put your body through strain that may have you aching and complaining decades sooner than the average civilian. The boots are one point of contention. They’re good for handling the terrain and protecting your feet from situations that aren’t guaranteed to be safe, but they aren’t designed for comfort or posture. Running in boots isn’t always a good idea, since the extra weight can affect the way that your legs move and create problems for your back and spine on foot impact, but if something happens that requires you to run, you have to deal with it. If time passes and you’re still in pain, it may get worse. A slight neck discomfort may turn into a pulsing headache that takes you to your knees, and a little back pain or stiffness may turn into stabbing pain every time you walk. Err on the side of caution and put in a claim for disability to get a medical review by the VA, and get a lawyer if you think you deserve disability. Why Is A Lawyer Necessary? The VA only provides disability for conditions that are proven to be service-connected. This means that you need either documented proof of how the problem is related to the military or a good argument for why the information isn’t documented. Although it’s anecdotal, many veterans believe that VA claims are denied on a regular basis for most veterans. It could be the VA claim system’s backlog management, or it could be veterans with no experience in the claim system trying to fill out complex forms that they aren’t used to. Either way, if you’re denied, it may be best to get a lawyer on your side. There’s no cost to file a claim or even an appeal, but every time you wait on an often-slow response from the VA, there’s time in your life that you could be...

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Multiple-Car Accidents: Determining Fault

Posted by on Jan 20, 2016 in Uncategorized | Comments Off on Multiple-Car Accidents: Determining Fault

If you are in a multiple-car accident or pileup, you could easily become involved in legal proceedings as either a defendant or plaintiff. In both instances, determining who a was at fault in the crash plays a critical role in the outcome. This article takes a closer look at this complex legal issue.  Duty of Care  One key concept in regarding multiple-car crashes is known as duty of care. Every driver has the duty to drive in a safe manner that will not contribute to an accident. If a driver does not exercise a reasonable duty of care then they are considered to be guilty of negligence. Egregious examples of negligence include speeding, driving while impaired and reckless driving.  An important point to keep in mind is that even if you are otherwise driving safely, you must still follow vehicles in front of you at a safe distance. If a car stops short and you are following too closely, you could be guilty of negligence, even if the other driver is primarily responsible for the pileup. In many states, the three second rule applies. You should not pass the same spot or landmark, such as a tree on the side of the road, as the car ahead of you until three seconds have passed.  Multiple Negligence  In some instances of multiple-car accidents, the fault is spread among multiple drivers. Perhaps one driver stopped short for no reason, while another driver was not following at a safe distance. In this case, most states will reduce the amount of compensation awarded for any driver who is found to bear some responsibility for the accident.   In a few states that follow a different legal rule, having any responsibility for the pileup at all, no matter how small, could prevent you from receiving any damages.  Mitigating Circumstances  Although typically, at least one driver in a pileup is at fault, there are exceptions. Sometimes, mitigating circumstances are present and no driver is held legally responsible for the crash. For example, if an ice storm hits and ices over a bridge, then a multiple-car accident could easily occur even when all the drivers are not guilty of any type of negligence.  Navigating through the complicated legal proceedings that often result from multiple-car crashes is virtually impossible with expert advice. For more information about this topic, contact an attorney who has a proven track record of success in this area of the law. To learn more, contact someone like The Jaklitsch Law...

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Tips For Re-Staining Your Kitchen Cabinets Like A Professional

Posted by on Jan 20, 2016 in Uncategorized | Comments Off on Tips For Re-Staining Your Kitchen Cabinets Like A Professional

While the thought of re-staining your kitchen cabinets is daunting, if you are careful about how you proceed with the project, then you can achieve professional-looking results. To this end, follow these tips when you are preparing your cabinets and applying a new coat of stain: Number Each Door and Cabinet Opening It is very common for older kitchen cabinets to have variations in their door size and hardware locations. To keep from having to solve a “which door goes where” jigsaw puzzle since your doors have been refinished, take the time to label the doors and their corresponding cabinet openings. If you use either a pencil or small piece of masking tape to label them, then you can easily remove them when you are done and not leave any permanent marks on your cabinets. You should also label drawers and their openings as well. In fact, sometimes drawers are the hardest to place back into their exact spot after a major project since generally they all appear to be the exact same size and shape. In reality, each drawer has worn in place and needs to be placed back into the same place from where it was removed. Use a Palm Sander with Multiple Grits of Sandpaper Before you can apply new stain to your kitchen cabinets, first you need to completely remove the dirt, grease, and previous finishes. The first step is to wipe down the cabinets well with a solution of dishwashing detergent and water. Wipe every surface and use a toothbrush, if necessary, to remove the gunk in small design cuts. Let the cabinets completely dry. On the dry cabinets and doors, use a palm sander to remove the old finish and get down into the raw wood. Start sanding with a larger grit sandpaper, and work your way down to a very fine grit. Taking your time during this step will ensure that your kitchen cabinets have a professional finish when your project is completed. Once the cabinets have been completely sanded, then you should wipe them down with a tacky cloth to remove any dust. Use the Right Technique to Apply the New Stain The best way to apply the new stain to your kitchen cabinets is to use a clean cotton rag and rub the stain onto the wood going with its grain. Wipe off any excess stain with a clean cloth as you work to keep the surface evenly toned. Seal the Cabinets with Marine Varnish Finally, once the stain has dried on the cabinets, and you have completed any sanding that you want to do on them, then you should finish them with a coat of marine varnish. Marine varnish is available at your home improvement store, and it is designed to give a waterproof finish, making it a perfect way to finish your kitchen cabinet refinishing project. To learn more, speak with a business like Big John’s...

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Exploring Birth Injuries And Whether You Have A Case

Posted by on Jan 8, 2016 in Uncategorized | Comments Off on Exploring Birth Injuries And Whether You Have A Case

Some birth injuries are temporary, some are permanent, and some are not even apparent to the parent or the child until a point much later in life. In addition to being aware of some types of birth injuries, it can be helpful to understand how you would know if your child has experienced a birth injury that merits hiring a birth injury lawyer. Different Birth Injuries Bone Fractures: When a delivery is complicated it can cause the bones of a newborn to fracture. One of the more common being a fractured clavicle (collar bone). Whether or not treatment is required depends on the severity of the fracture. The bone will heal on its own a large portion of the time. Cephalohematoma: Cephalohematoma is the name of a birth injury that occurs in roughly 1 to 2 percent of births. This type of injury is more common when birth-assisted tools such as forceps are used during delivery. Most of the time, infants with this condition will heal in three months. In extremely rare cases the physician may attempt to drain the blood if there is a chance of infection or abscess formation. Vacuum Extraction Injury: Just as the name suggests, vacuum extraction injury is the result of a doctor utilizing vacuum extraction during the delivery process. The FDA has warned against using this delivery procedure as it causes unnecessary risk to the infant. Should You Contact a Birth Injury Lawyer? Whether or not you need a birth injury lawyer is relative to what caused the birth injury. The birth injury could be the result of an infection that developed during pregnancy. Did you know one in every four pregnant mothers carry an infection without any knowledge of it? If the birth injury is the result of an infection that developed during pregnancy, whether or not you should contact a birth injury lawyer depends on whether or not you received proper prenatal care. If your doctor did blood work and tested you regularly for infections and any other signs of complications, you would not have a birth injury case. Birth injuries that result in contacting a lawyer tend to be more common when the birth injury occurred during delivery. A large number of birth injuries during delivery are the result of delivery assisted tools, such as the condition cephalohematoma mentioned previously. Birth injuries during delivery can also occur when medication is given wrong or the infant is not handled correctly. When the infant is not handled correctly, for example, it can result in fractures or lacerations. If the medical staff does not handle the infant with enough care, it is also possible for the infant to develop high blood pressure. As you can see, birth injuries happen. Whether the birth injury is temporary or permanently damaging, what caused the injury is the ultimate deciding factor regarding whether or not you need to reach out to a birth injury...

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What If There Are Problems Following A Will?

Posted by on Dec 24, 2015 in Uncategorized | Comments Off on What If There Are Problems Following A Will?

As the executor of an estate, one of the responsibilities you will have is to carry out the wishes of the will. However, there are some instances in which you might have to question whether or not carrying out the will is logical and legal. If you are in the process of reviewing a will, here are some situations to look for and what could possibly happen.  The Spouse Is Asking for More Some states have laws in place that are designed to protect a surviving spouse in the event that the deceased spouse did not adequately provide for him or her. For instance, in a community property state, such as Texas, the surviving spouse is entitled to receive all of the community property if there are no children or living parents.   If the surviving spouse is not satisfied with his or her inheritance, he or she could challenge the will. Depending on the state’s laws, the court could rule in the spouse’s favor and order that more of the estate be given to him or her.  If the will is challenged, you will need to appear on behalf of the estate. If you are aware of a reason that the spouse was not left more by the deceased, inform the court. Ultimately, the decision will be left to the court.  The Beneficiary Died It is entirely possible for a beneficiary to die before the distribution of the will. If this happens, how you proceed depends on your state’s laws.  If you live in a state that has survivorship requirements, ownership of the inheritance would revert to the estate and you can distribute it according to the other provisions in the will. A survivorship requirement simply means that the heirs to an estate must live a certain amount of days after the will maker has died.  However, if there is no survivorship requirement, the inheritance could go to an alternate listed. If there is no alternate, the inheritance could possibly go to the residuary beneficiary. The residuary beneficiary refers to the person who inherits all of the belongings that are not specifically named in the will. If the will maker was married, the surviving spouse most likely will be the residuary beneficiary.  Settling and estate and carrying out the wishes of the deceased can sometimes be complicated. To ensure that the estate is properly settled, consider working with an attorney experienced in estate planning, like Goldman & LeBrun. He or she can help you identify complex situations and how to handle...

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