Filing a Suit After a Roof Collapse in a Rental

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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Factors Determining The Value Of Scars In A Personal Injury Claim

Posted by on Dec 15, 2015 in Uncategorized | Comments Off on Factors Determining The Value Of Scars In A Personal Injury Claim

In a personal injury case, scarring or disfigurement is one of the damages you may be entitled to for compensation. The value of your disfigurement varies a lot depending on different factors. Here are some of the issues that the court may use to determine the worth of your scars: Location The location of the scar is a contributing factor since it determines how you feel about it. For example, you are likely to be more self-conscious about scars people can easily see as compared to those on the parts of the body normally covered by clothes. Therefore, a scar on the lower back may not be as bad as a scar on the face. In fact, facial scarring is considered serious since the face is the premier point of contact when meeting or talking with others. Effect on Profession Some kinds of scars can even have an effect on your work. For example, a disfigured model may find it difficult to continue with the same work. It is not that people with scars cannot be fashion models, but it will be difficult to continue with the same kind of modeling. It’s not just models; even other professionals, such as TV hosts, may find it difficult to progress in their careers if they get disfigured. After all, some studies have shown that attractive people are more likely to get hired than other people; in the contemporary society, flawlessness and attractiveness do not go together. Inflexibility The effect of scarring isn’t just psychological; there are physical aspects to think about too. For example, joint scars can lead to inflexibility or reduced range of motion. A serious scar on the elbow joint, for example, may prevent you from straightening out your hand completely. Depending on the affected joint, the inflexibility may reduce your ability to carry out different day-to-day activities, such as cooking or cleaning the house. Cost of removing the scars Lastly, the cost of removing the scars will also be a big factor in computing your damages. Deeper and extensive scars usually cost more to repair than superficial scars. Therefore, deep and extensive scarring will attract a higher valuation during personal injury negotiations. This means you will require the expert testimony of a doctor with experience in scar removal: for example, a cosmetic surgeon. Therefore, don’t discount the effect of your scars on your personal injury claim. You may have a strong claim even if all you only incurred soft injuries but they have left you with serious disfigurement. Why don’t you talk to your lawyer about it? For more information and questions about your personal injury case, contact professional lawyers, such as those at Lawyer, Lawyer, Dutton & Drake...

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Four Special Requirements Associated With Medical Malpractice Cases

Posted by on Nov 30, 2015 in Uncategorized | Comments Off on Four Special Requirements Associated With Medical Malpractice Cases

A medical malpractice injury occurs when a medical professional, such as a nurse or doctor, does something that causes you injury. Malpractice cases are special forms of personal injury cases since doctors are held to higher standards than the general population, and they are also expected to make people well and not harm them. As such, there are special issues surrounding medical malpractice cases other cases do not have. Here are three examples of these issues:   Short Statute of Limitations The statute of limitations is the period you have to instigate a personal injury lawsuit. The period usually ranges from a few months to a few years. However, medical malpractice has a relatively short statute of limitations as compared to other injuries. Therefore, if you are thinking about making a medical malpractice claim, stop thinking about it and consult a personal injury lawyer. Let him or her evaluate your case and advise you on how to proceed; that way the statute of limitations won’t elapse while you are still thinking about your claim.   Mandatory Medical Review Panels In many states, you only instigate a medical malpractice case after submitting your claim to a malpractice review panel. The panel decides whether a malpractice has occurred by reviewing available evidence and listening to expert testimony. Although the malpractice review panel’s resolution is nonbinding, it carries enough weight to for it to be considered by courts if you do proceed to court. States that have this measure in place use it to weed out frivolous cases and ensure that only genuine ones proceed to court.  Expert Testimony Almost Always Necessary In any injury case, expert testimony is useful in strengthening your case and explaining your stance to the court (judge and jury). For a medical malpractice case, however, a medical expert is almost always necessary. In many states, it’s a requirement you to use expert testimony if you have a medical malpractice lawsuit. The main reason is that medical issues tend to be too complex for non-doctors to navigate with ease. You can’t expect a jury made up of ordinary members of the society to understand medical issues that medical doctors took years to master. Therefore, factor the cost of medical experts before pursuing such a claim. These are only a three examples of special issues surrounding medical malpractice cases. As you can see, this is one type of case you cannot handle without professional legal help. These three issues also form some of the reasons you should use a medical malpractice lawyer if you have a medical malpractice...

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Find Social Security Success: Five Ways An Attorney Can Help

Posted by on Nov 17, 2015 in Uncategorized | Comments Off on Find Social Security Success: Five Ways An Attorney Can Help

If you are too sick to work at your job because of a serious illness or injury, you may be getting ready to file for Social Security disability or to appeal a denial. The claims process can be lengthy, time-consuming and confusing, especially for those who are not in the best of health. You may not think that you need an attorney to help you with your claim, but before you make that decision read below for the top five ways that having professional legal representation can help lead the way to a successful claim approval. 1.  Deadlines The time line for filing appeals to denials is relatively tight; you only have 60 days to file that appeal. If this important deadline is missed, you may need to start the entire application process from the beginning. There are exceptions made for those who are hospitalized or have other major issues with getting the documents filed in time. 2.  Medical Records The most important piece of evidence about your illness is your medical records, and without up-to-date and complete records your claim doesn’t stand a chance. Procuring those records from multiple medical facilities in a timely manner can be huge challenge, however. Social Security attorneys are skilled and experienced in dealing with medical facilities to get you the proof you need to get your claim approved. 3.  Local Knowledge Appearing in a formal setting for a Social Security hearing can be an intimidating experience, but having a local attorney who has experience dealing with a particular judge and is comfortable and familiar with local customs can prove an invaluable asset. You want the judge to be able to focus on your medical evidence and not be distracted by your minor missteps or the appearance of disrespect that a less knowledgeable claimant might exhibit. 4.  Be Prepared A local attorney will know what the judge needs and wants to hear from you, and can prepare you to deliver the information to the judge in a complete and accurate manner. Your attorney will likely hold question and answer practice sessions so that you will appear more comfortable in front of the hearing officer or judge. It’s absolutely vital that you are able to properly communicate the ways in which your medical condition has impacted your ability to do your job. 5.  Beat the Odds Simply having an attorney represent you at an appeal hearing can increase your chances of getting your claim approved by 63.3%. If you go it alone, your chances of success drop to a woeful 40.1%. Getting your claim approved or not is a major quality of life issue, so the decision to hire professional legal help at this difficult time should not be taken lightly. Consult with a Social Security attorney and learn more about how having an attorney on your side during this process could help you to get the help you need and deserve. To learn more, contact a law firm like Waycaster &...

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Could Social Media Hurt Your Personal Injury Case?

Posted by on Nov 5, 2015 in Uncategorized | Comments Off on Could Social Media Hurt Your Personal Injury Case?

There are many advantages to using social media including, celebrating achievements, sharing photos, and even connecting with family and friends. For many people, sharing the details of their life on social media is just a daily task. When you suffer a personal injury and run to social media to discuss it, you could be harming your case. Lawyers are considering this a whole new concern when it comes to winning personal injury cases. Insurance companies and legal representatives have a right to come through your social media accounts. Should you provide details on your social media site that does not match up to what your claims are, you could find yourself in big trouble.  Posting Details Even if your social media profiles are set to private, it doesn’t mean that information you post can’t get in the hands of the wrong person. Your profile pictures can even provide details that you wouldn’t expect to hurt your case. Once the defense suspects that you are not being honest, they could gain access to your complete profile. Even if you post an old picture showing that you are capable of physical activity, yet you claim a recent injury has limited your physical movements, this could be harmful to your case. Even if you haven’t posted anything to your site, comments from other people could be used against you. During your personal injury case, it is important to refrain from social media altogether.  Privacy Settings Should you decide to keep your social media sites during your case, you should go into each site and check your settings. You want to keep your personal information as private as possible. Make sure your settings are set to the highest privacy level so that only your friends and family can see what you post.  More than Just Words It is not just your comments that will be scrutinized on your social media sites. Your check-ins, photos, and comments from others can be used against you. This is why you should suspend your account until the case has been finalized. You don’t want to risk losing because of somewhere you went or something someone posted on your site.  No Deleting Allowed When you choose to post something harmful on your social media site, you don’t have the luxury of deleting it. The law sees this as destruction of evidence and you could find yourself in serious trouble. Not only are you to blame, but your lawyer could also get in trouble should you choose to delete evidence off your social media site.  Stay Within Your Circle When you are sent new friend requests, you want to be very wary of them. Insurance companies and defense teams can disguise themselves as someone else in an effort to tap into your social media sites. You must be careful about who is allowed to see your posts, pictures, and personal information.  For more information, talk to a lawyer like Story Law...

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What Type Of Lawyer Do You Need If Your Child Gets Injured On A Neighbor’s Trampoline?

Posted by on Oct 22, 2015 in Uncategorized | Comments Off on What Type Of Lawyer Do You Need If Your Child Gets Injured On A Neighbor’s Trampoline?

Nobody ever expects their neighbor or loved one to get hurt on their own property, but accidents happen all the time. You can get hurt by tripping over a neighbor’s garden hose or slipping on their porch. Unfortunately, your children can get hurt at your neighbors’ houses as well, especially if they go to a nearby house to play. One of the biggest accident-causing items on a person’s property is a trampoline. If your child gets hurt on a neighbor’s trampoline and they need medical care, you may need a lawyer to get the funds and restitution you need for their injury. Knowing which type of lawyer to get for your situation can help you best win your case. Personal injury attorney A personal injury attorney is an attorney who represents clients who have been injured by someone due to negligence. For example, if your child was given permission by your neighbors to use their trampoline and then was left unattended on the toy, this may be considered negligence. Negligence also may pertain to the condition of the trampoline, such as missing springs or a lack of a safety net which may have contributed to your child’s injury. A personal injury attorney may be the type of lawyer you need if you feel your child’s injury could have (and should have) been prevented by the owners of the property. Premise liability lawyer A premise liability lawyer is similar to a personal injury attorney, only they work exclusively on cases in which a person gets injured using or being on someone’s property. A homeowner has the legal responsibility to keep their property sound so that guests (and even trespassers) can feel reasonably safe. You may need a premise liability lawyer if your child was injured on your neighbor’s trampoline and the accident could have been prevented by your neighbors placing a fence around their trampoline or by them placing it lower to the ground to prevent high falls. In other words, if your child’s accident was not related to obvious neglect or disrepair of the trampoline, you may have to file a case against your neighbor based on their property not being reasonably safe for your child to be on. If you feel you need a lawyer to help you get the funds you need to take care of your child’s medical needs after they are injured on a neighbor’s trampoline, a personal injury attorney or a premise liability lawyer should be able to help you. A consultation with either type of lawyer will help you decide which one will work best for your...

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Were You Injured Under The Knife By Your Gynaecological Surgeon? Get Help

Posted by on Oct 13, 2015 in Uncategorized | Comments Off on Were You Injured Under The Knife By Your Gynaecological Surgeon? Get Help

If you were under the knife for a gynaecological procedure and your bladder was damaged on accident by your surgeon, you need to call a lawyer right away. Over 210,000 people die annually in hospitals, and many more are injured. You may have a case for a medical malpractice suit which, though it won’t fix the damage that was done, can compensate you for your injuries. If you are going to have a permanent problem because of what happened during the surgery, and you’ll need future surgeries and other medical treatments, you need to meet with a lawyer from a firm like R.J. Marzella & Associates, P.C. fast. Provide the following during your first appointment with your lawyer. Statement of the Mistake Get a statement from the medical professional, nursing staff, or the hospital that goes into detail about what went wrong. Your lawyer is going to use this as evidence in the case, and they’ll see if the hospital is trying to cover something up. You’ll want a statement to show the diagnosis of your new problem as well. Projected Medical Work Needed Have a medical professional write a statement that says what you will need to have done to correct the problem, or to help you deal with your new medical problem. If you need to have another surgery or if you need to have the bladder repaired, your lawyer wants to see the proof and know what doctor is going to do it for you. Expense Details Bring all of the medical bills from the surgery where your bladder got injured, and then bring a list of all of the medical expenses you’ve now had because of the injury. You should keep the expenses in separate folders but bring everything that you have to date. If you had to miss out on a paycheck because you were away from work and you dealt with other expenses because of the surgery, bring that information too. The lawyer isn’t just going to go for compensation because of the financial losses you’ve suffered, but also for the past and future grief. Dealing with this problem for a lifetime isn’t going to be alright because you have a large sum of money, but the sum of money may make things easier for you. If your bladder was injured because the doctor made a mistake while they were operating on your body and you now will never be the same, the lawyer is going to fight to make sure that you get everything you deserve to...

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