What Types of Problems can Delay a Personal Injury Lawsuit?

Posted by on Mar 21, 2015 in Injury Laws | 0 comments

If you think that there is anything simple about a personal injury lawsuit, you have another thing coming. Even when a case seems straightforward enough, many problems that may arise can delay or even derail a personal injury lawsuit. There are many types of personal injury lawsuits. However, all personal injury lawsuits have two things in common: serious injury and liability.

It is not always easy to determine how serious an injury is. If the plaintiff becomes disabled or requires several surgeries, then it is obviously a serious injury. However, questions may arise when there are no obvious signs of injury, such as in whiplash injuries traumatic brain injury. It can be even more difficult to prove when the injury is emotional or psychological. When the level of injury is in question, the lawyers will have to produce a preponderance of evidence to demonstrate the extent of the injury. The same applies for proving liability. Liability assigns fault to a defendant for being the proximate (direct) cause of injury to the plaintiff. In cases where the victim was injured in a car accident because the driver was drunk, there is usually enough evidence to assign fault. However, this is not always the case.

Some injuries take time to manifest, such as mesothelioma (asbestos exposure) or uterine cancer (power morcellators), so the lawyer has to show evidence that points directly to the defendant as the proximate cause of the injury. In many cases, the evidence comes from the attending physician and other medical experts. If they can state clearly that the injury was caused by a certain act or failure to act of the defendant, then the job of the lawyer becomes easier. However, if there is some doubt about causation, then the plaintiff’s lawyer has to find a way to convince a jury (or the insurance company if it is for a settlement) that there is a high likelihood that the defendant is liable. These types of problems are common in personal injury lawsuits, because the plaintiff has the burden of proof. The defendant only has to introduce reasonable doubt. To have a good chance of winning your case, you need an experienced lawyer that handles this type of cases.

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Negligent Truck Drivers

Posted by on Feb 16, 2015 in Car Accidents, Trucks | 0 comments

Commercial trucks accidents cause devastating damages and injuries simply from its size and power. When these become involved in a road accident, the blame can be given to a number of people: from the driver, the truck company or operator, the truck manufacturer, and even the people performing the maintenance and loading of the cargo. There are various factors that come into play in a truck accident, and for victims, these can be a big hurdle when trying to get compensation from a personal injury or wrongful death claim.

If you believe that the truck driver’s negligence is the main factor for the accident, then you have to be able to prove it in court. There a number of ways a truck driver can be considered negligent, among them being:

  • Driving aggressively of without regard to other motorists’ safely – tight deadlines are the main reason why many truck drivers commit aggressive driving.
  • Distracted driving – anything from eating, texting to talking to the phone which could take the truck driver’s attention from the road and his driving can cause a miscalculation that would result to an accident. Truck drivers are prohibited from using any hand-held devices while they are driving according to federal laws.
  • Using illegal or prohibited drugs – because of the long hours of work and deadlines, many truck drivers take prescription pills or even illegal drugs in order to stay on the roads. This, together with stress and lack of sleep, would greatly impact their judgment and mood when driving.
  • Lack of training – commercial trucks requires special training because it is very difficult to maneuver and control such big and powerful vehicles that are capable of going in fast speeds. Additionally, they are required to drive in almost any weather, and are able to handle the load of work. Anyone who is not qualified for such position can only endanger the safety of those who are sharing the roads with them.

You need to hoe evidence of the truck driver’s negligence in order to have a proper personal injury claim against him specifically. Consult with a lawyer who knows the laws in your state and has wide experience in personal injury and car accident claims in order to win the claim.

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Reducing Risks of Truck Accidents

Posted by on Jan 24, 2015 in Car Accidents, Trucks | 0 comments

The enormous size of an 18-wheeler truck or big rig definitely creates greater threats in the event of an accident. Compared to other vehicles, trucks also weigh more, thus requiring a longer stopping distance. But despite the risk these huge vehicles pose on the road, they cannot be disallowed to operate due to the major contribution they provide in the nation’s economy. Trucks transport goods that keep businesses alive; limiting their operation will, therefore, greatly affect the business operation of many firms.

Often, these goods need to be delivered to another county, a task that would require very long driving hours. It is, therefore, normal for many truck drivers to be behind the wheel for more than 10 hours a day, thus, the different governmental agencies make sure that, despite this long driving work requirement, drivers do not experience sleepiness and fatigue, and that the truck they drive are always in good condition.

The Federal Highway Administration (FHWA), the National Highway Traffic Safety Administration (NHTSA) and, most especially, the Federal Motor Carrier Safety Administration (FMCSA), which is primarily responsible in ensuring the safe operation of commercial motor vehicles (CMV), work together in making US roads and highways safe from any accidents that would involve trucks. To attain the highest level of safety, these agencies have set and strictly enforce the following requirements:

  • A special training and a test (prepared by the FHWA) will have to be undergone and passed, respectively, by individuals before they can be issued a commercial driver’s license. These basic requirements are aimed at developing in truck drivers the required knowledge and skills in operating a truck safely
  • Strict observance of the “11 hours” maximum time of service. This means that truck drivers cannot drive for more than 11 hours straight. Drivers should also be given 10 consecutive off-duty hours after the completion of their daily duty
  • Trucking firms should keep a record that shows regular truck check and maintenance schedule
  • Drivers should thoroughly check and make sure that their vehicle’s braking system and tires are in good condition, as well as make sure that there are no air leaks in the truck’s brake chamber
  • Truck and truck parts manufacturers should make sure that everything they produce complies with the minimum standards enforced by the government.

To reduce the risk of truck accidents, the said agencies do not focus their attention to truck drivers and trucking companies only. They also constantly issue precautionary measures that drivers of smaller vehicles should observe, like:

  • Avoiding blind spots. Smaller vehicles should always drive past a truck on the driver’s side as the truck’s passenger side is the driver’s worst blind spot. Driving along the truck’s passenger side can prove too dangerous, especially when a truck is going to make a right turn.
  • Tailgating or driving too close behind a truck is also dangerous as the truck driver may make an emergency brake. Tailgating also eliminates not only the other driver’s view of the road ahead, but also his/her chance to have enough time to react to impending road hazards.
  • Observing care in intersections. To execute a turn, trucks need to use multiple lanes or swing wide – a road situation that all other drivers should know. Other drivers, as much as possible, should rather allow the truck to maneuver fully before passing, turning or entering the intersection.

In case of an accident, though, it will be a very wise decision not to delay contacting a personal injury lawyer for the possibility of a legal action that will allow the injured victim to seek and receive compensation for any injuries sustained.

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Criminal Defense: Talking About Assault and Battery

Posted by on Jan 22, 2015 in Criminal Law | 0 comments

One of the most common legal threats presented is that of ‘assault and battery’ or, simply, assault. There is a definite misunderstanding with the legal term because these are two separate legal implications in and of themselves; any one person can be charged with either assault or battery, sometimes both. Assault is the threat of violent action against another natural or juridical person, paired with the show of physical evidence that the person is capable of carrying this threat out. Battery involves actual physical violence against another party.

However, a Collin County defense attorney could argue many points in the defense of the accused. After all, ‘assault and battery’ can be considered a blanket terminology, which is to say that there could be several legal stipulations beneath the term that could come into play. There are also several points that could be argued in the defense of the accused. If, for example, the accused and the defendant had both given their consent for physical contact (e.g. if both parties are participants in some sort of athletic activity such as martial arts, basketball, or rugby), then the defense of consent could be played into court. There are more than just this defense available but it is not the responsibility of the accused to determine what defense against violent crimes is best used in the court of law; that decision is to be made by legal experts on board with the case.

There are many legal consequences that could come from even the accusation of ‘assault and battery’, much more a conviction in a court of law. Not only do charges of this nature usually come with fines, imprisonment sentence, or both; this can also affect the opportunities left available for the accused and the accused’s family for the rest of their lives for this will be on record and presents a negative stigma in today’s society.

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Changing New York laws on Marijuana Possession

Posted by on Dec 9, 2014 in Drug Laws | 0 comments

Things are certainly moving fast on the marijuana front in New York. While marijuana possession is still prohibited, being caught with small amounts of the substance for personal use is no longer a crime. Instead, police are directed to give these offenders a ticket and made to pay a fine for possession of 25 grams or less of marijuana.

This was an announcement made in the second week of November 2014 by NYPD Commissioner Bill Bratton. This is a great relief for recreational users and the NYPD, which makes upward of 20,000 arrests for low-level marijuana possession every year. At this time, anyone caught with a small amount of marijuana will no longer be detained and fingerprinted but issued a summons and ordered to pay a fine.

But these changes fall short of legalizing cannabis completely. Repeat offenders, marijuana use in public, having large amounts of weed, and those with outstanding warrants will still be arrested and charged. The sanctions may vary depending on the circumstances and amount of the substance found.

Possession is an iffy thing in most jurisdictions; when illegal substances are found on someone’s property, it is presumed that the premises owner (or leaseholder) has knowledge of it. But in many cases, drugs (including marijuana) found in large amounts in a car or house is there without the knowledge or consent of the property owner, but nevertheless becomes involved in criminal charges. Prosecutors will do their utmost to justify such charges.

If you have been charged in Westchester or any other county in New York State with serious offenses involving marijuana, you could be in real trouble. Consult with an experienced drug possession lawyer in the area to help you mount a strong defense and avoid the consequences of a conviction.

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Reports of Xarelto Adverse Events

Posted by on Sep 29, 2014 in Pharmaceutical Danger | 0 comments

One of the latest anticoagulants in the market Xarelto (rivaroxaban) was approved by the Food and Drug Administration for US distribution in July 2011 by Janssen Ortho LLC (a division of Johnson& Johnson) under license with Bayer Corp. Xarelto is part of a class of anticoagulants called direct factor Xa (10-a) inhibitors (xabans) that are designed to reduce the incidence of abnormal blood clotting associated with patients with atrial fibrillation. Xaretol specifically is also designed for deep vein thrombosis and pulmonary embolism treatment as well as a prophylactic for patients who have recently undergone hip or knee replacement.

Xarelto has been proven to efficacious in these therapies. Unfortunately, it works too well. A growing number of patients have suffered from a potentially fatal side effect: uncontrollable bleeding. It is pointed out at the website of Williams Kherkher that this bleeding is potentially fatal when associated with Xarelto because there is no approved or effective reversal agent or process to halt the blood thinning effects of Xarelto. Some have attempted using dialysis to flush out Xarelto for the system but it is not considered a guaranteed remedy by medical experts. The best that patients who experience this side effect can do is to ride it out with some medical support. Xarelto stays in the system for as long as 12 hours, which can be a very long time for someone who is bleeding copiously.

According to the Institute for Safe Medication Practives (ISMP), blood thinners are the most frequently reported drugs for serious side effects to the FDA, and this includes Xarelto. For rivaroxaban, the most commonly reported adverse event is hemorrhage, gastrointestinal hemorrhage, hematoma, edema peripheral, deep vein thrombosis and pulmonary embolism. And the incidents are not confined to the US. In Germany, there were 968 adverse events with 72 deaths reported in 2013.

If you have been taking Xarelto and experienced serious uncontrollable bleeding, you don’t have to just be a statistic. You can sue for compensation for your medical and other costs and teach the responsible parties to take their duty of care to their clients more seriously. Consult with a Xarelto lawyer on how these can be carried out.

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How Frieght Factoring can Help Trucking Revenues

Posted by on Aug 18, 2014 in Trucks | 2 comments

Commercial trucks are everywhere – they are practically the little red blood cells of life that bring the necessities from one point to another. Despite the unemployment rates increase in some areas in the United States, the Labor Department reports that there is currently a shortage of commercial drivers. About 5,600 positions for commercial drivers are needed, and the demand for them is projected to increase by 21 percent until the year 2020.

Truck-driving is one of the rising employment opportunities is said to be mainly due to the growth, retirement, recent changes in regulations, and competition for other trucking companies. There are those, however, that argue that the rising demand for commercial truck drivers are only due to trucking companies having lower pay and poor work environments. Regardless of the reason, the expected growth and employment opportunities for truck drivers would reach 1.93 million based on the estimate made by the US Department of Labor.

Driving commercial trucks has become a very lucrative occupation, especially if they consider doing freight factoring. Freight factoring offers truck drivers instant invoices that can be vital in the growth, maintenance, and expansion of the company. According to TBS Factoring Service, trucking companies benefit from freight factoring since they get paid instantly, no need to wait for at least 2 months for the invoices to be paid. Trucking companies and commercial truck drivers will not have to worry about going through various hoops to get traditional financing from lenders.

The shortage of commercial truck drivers can pose a threat not only to the truck companies, but most importantly the economy. Contrary to popular belief, it is not hard to become a truck driver. There are presently many driving schools that can provide training for potential or aspiring truck drivers, and the payment for these training are not hard on the budget. As unemployment rates rise, the Department of Labor claims that there is no shortage of jobs in the transportation department. And with freight factoring services providing a profitable source of income, being a commercial truck driver seems to be a productive employment.

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Building an Understanding of Racial Discrimination

Posted by on Aug 16, 2014 in Emploment Laws | 1 comment

Race-based discrimination is considered a state and federal offense. Despite the federal aw Title VII in effect for more than 50 years now, many employers and co-employee still commit race-based discrimination and it is still the most common type of discrimination that is being filed in the Equal Employment Opportunity Commission (EEOC, the agency tasked to implement and enforce Title VII). Federal and most state laws prohibit race-based discrimination in any aspect of employment – hiring, compensation, job training, promotions, discipline, firing, and termination.

New York, despite being a culturally diverse state, still suffers from race-based discrimination. Federal laws state that companies that have four or more employed workers should abide by anti-discrimination laws. New York state and city-specific laws can ease the filing of raced-based workplace discrimination by either choose to file an administrative charge with an agency or litigate a claim in court. Regardless of the option that you choose, it would be best to consult with and hire New York City discrimination lawyers. New York has a lot of rules and laws regarding workplace discrimination, and it can be hard to move forward if you lack understand and necessary information regarding your particular case. Having guidance from a lawyer could help ensure that your claim is properly backed up and have a greater chance of getting a favorable result.

Discrimination can happen in any workplace and to any person, therefore it is important to know your rights and how you can protect yourself from prejudice or preference. Any treatment that is given to differently and in a way causes adverse impact can be considered discrimination. Discrimination affects not only the victims who suffer from them, but also the companies that permit the incidents to happen. Recent lawsuits prove that companies who tolerate or permit workplace discrimination have paid millions in compensation for the victims, likewise for penalties sanctioned against them for permitting the discrimination to occur.

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Blood Alcohol Content’s Role in Car Accidents

Posted by on Aug 13, 2014 in Car Accidents | 5 comments

There are many advocates that raise awareness about the dangers of drunk driving and its effects on the lives of the people, yet they still occur. When drunk driving accidents occur, it is not just the victim that suffers, but the drunk driver as well. In the state of Texas, the penalties for those who have been caught and charged with drunk driving (or driving while intoxicated, DWI) can depend on factors such as number of offense and certain situation-specific elements.

Texas determines the motorists’ level of intoxication through their Blood Alcohol Content (BAC). Those who have been caught can face jail time, heavy penalties, and even suspension on their driver’s license. There are options that a driver who’s been charged with DWI can use in their defense, but it would be better if they hire the help and assistance of a Dallas DWI lawyer.

In many cases, a driver with a DWI charge can claim that they were illegally stopped. The Houston DWI can claim that their client was stopped by the police officer lacked any probable cause for the initial traffic stop. Another defense that can be used as argument is administration and accuracy of the BAC test. This defense usually questions the execution and handling of the blood test, whether it was contaminated or tampered with. Rising BAC can also be used as defense, because there are situations where the BAC may have been lower than the legal limit during driving, but eventually increased since it takes time for the body to absorb the alcohol.

Many people believe that DWI should be a criminal offense, and in many states it is. In the state of Texas, DWI is considered a Class B misdemeanor, and although it may not be a criminal case, the penalties that come along with being charged are heavy themselves. Having proper legal help and representation is important in ensuring that your rights are protected and lower the penalties if possible. Consulting with a Dallas criminal lawyer could do a lot to help make sure that you have a strong defense against the charges that may be put up against you. Representing yourself is a trying and difficult prospect, so using the help of someone trained in criminal defense is likely the best course of action.

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The Role of Evidence in a Car Accident Lawsuit

Posted by on Aug 11, 2014 in Car Accidents | 1 comment

Presenting evidence is a car accident claim is vital in winning your case. It is essential to have good evidence in order to present a strong case against the defendant who caused the accident because having proper documentation to present as proof for your claims for damages can make or break your personal injury case. There are various types of evidence necessary for a car accident claim and presenting them in court can help put your claim in a more favorable light and possibly give you a positive settlement or verdict.

One of the most important aspects in a car accident lawsuit is the presentation of the burden of proof, and it is the plaintiff’s responsibility to be able to do this. It is the plaintiff who is tasked of proving that the defendant caused the accident and the subsequent injuries and damages. Documentations such as medical records and bills, police reports, photographs, witness testimonies and such are the ones that can be used to forms of burden of proof. A Columbia car accident lawyer can tell you that these documents can help solidify your case against the defendant.

Evidence gathered from the scene of the accident can also help increase chances of getting a favorable verdict. Make sure to gather all the necessary information, namely those from the other drivers involved, the witnesses’, and the surroundings and conditions of the vehicles. Furthermore, it is important to show evidence of the damages that the accident caused. These may come in the form of injuries, property loss, emotional or psychological trauma, and other losses that can be accounted as the result of the accident. For any Oklahoma personal injury lawyer, having such evidence is the most significant part of recovering compensation from the defendant.

Make sure to take your time gathering all the important evidence related to the accident. When filing a personal injury claim, you can also have additional evidence that the defendant can provide, such as interrogations, out-of-court testimonies, depositions, and others. It helps to have a lawyer to help you through the whole personal injury claims process, especially if the defendant in the car accident case does not want to cooperate with you. The more documentation you have about the car accident, the stronger your injury claim will become.

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