Category Archives: Uncategorized

Animal Bites and Legal Liability

Those connected with an animal who bites someone, including the owner of the animal and keeper, if any, will be held legally responsible if that animal bites someone or causes some type of injuries to someone. Animal bites can result in serious injuries. Sometimes it can lead to permanent disability. It can also be fatal at times. If you are an animal bite or attack victim, contact a personal injury attorney. Those having something to do with the animal bite can be sued for negligence and made to pay compensation for your injuries. If you have lost a near and dear one to an animal bite, you may have a case for wrongful death. Those connected with an animal must take all the necessary precautions to prevent the animal from attacking or biting others. The Humane Society estimates that each year more than 10 people dues due to dog bites alone.

Those having something to do with the animal bite can be found negligent only if they had a legal duty to exercise reasonable care in its actions. One has a duty to exercise reasonable care if the failure to do so may result in an unreasonable risk of harm, provided that the injury to the plaintiff was reasonably foreseeable by the defendant. ‘Reasonable care’ is the degree of care that a reasonable person would exercise under similar circumstances. Although this standard never varies, the level of care that will be found reasonable under the circumstances will vary proportionately with the danger involved.

You must prove that the defendant’s (animal owner, those connected with the animal) breach of duty proximately caused your injuries. The plaintiff typically proves this by showing that the breach was a ‘substantial factor’ in bringing about the injury. Finally, you must prove that you sustained a legal  injury; inortherwords, an injury that can allow the court to do something for you, such as award you damages.

A personal injury lawyer can review the facts of your case and then determine the obligations and liabilities of each of the person connected with the animal that injured you. The lawyer can then demand compensation from the persons. If they do not pay the demanded compensation, the personal injury attorney will file a personal injury lawsuit seeking compensation for your injuries. You will be entitled to compensation for the medical expenses, loss of wages, pain and suffering.

Obama Immigration Reform – Goals and Hurdles

U.S President Obama passed a legislation to have a reform in the immigration system of the United States. Unfortunately, the bill is not that easy to pass because of several hurdles.

Obama wanted to reform the current immigration system to increase the spending on border security. This in turns allows the immigrants (undocumented ones) to pursue citizenship after passing some requirements. Here are some of those mentioned by Obama:

  • Pass background checks
  • Learn English
  • Pay taxes and penalty
  • Go back to the line of coming to America legally

Why can’t the immigration reform be passed?

Though President Obama has many reasons on why do he wanted to have a reform in the immigration system, other people see it negatively and doubted the outcomes of such reform if ever. This keeps the immigration reform remains a bill and not a Law. There are three major hurdles President Obama is currently facing:

  • Citizenship

U.S illegal immigrants will have to be legalized. Thus, they would be granted citizenship if this bill becomes a law. The white house officials and congressional democrats never opposed to this reform since this will just give the undocumented illegal immigrants the right to have a citizenship with a due process and at a reasonable time. However, the republicans do not see it this way. 

  • Guest-workers

If illegal immigrants were given the chance to be a U.S. citizen, the possibility of the Americans to be unemployed will increase. Thus, the fear of the Americans to lose job opportunities prevents them from wanting to pass this into a Law.

  • House Republicans

House Republicans opposed to other immigration reform bill way back years ago. Thus, this year’s immigration reform bill is subject to a higher risk not to be passed because the republicans have a greater percentage of the overall results if a bill should be passed into a law or not.

Currently, there are almost 11 million illegal immigrants in the U.S. And making this bill a law may cost greater expense to the American government but will surely be a great way to help and give a chance to those who really needs it.

What to Do If You Are Involved in a Drunk Driving Accident

 

Driving under the influence of alcohol is strictly prohibited and is punishable by law. However, there are still people who get involved in drunk driving accidents. There are certain pointers to remember in what to do if you are involved in a drunk driving accident. These should be kept in mind as drunk driving accidents, no matter its severity the damages are, are still emergency cases.

Pointers to Remember if Involved in a Drunk Driving Accident 

  • When involved in a drunk driving      accident, you must first assess the damage. Check yourself as well as the      other passengers of your car if anyone is injured, unconscious, or      bleeding. Make sure to call for help or an ambulance immediately.
  • Make sure to check the other party      involved in the drunk driving accident. Check if anyone is injured.
  • Once done checking and if confirmed      that only a minor drunk driving accident occurred and no fatality or      injuries are involved, remember to stay calm. Panicking would not do      anything.
  • In cases of a car wreck in a drunk      driving accident, get help in moving your car at the side of the road. If      you have warning triangles, place them accordingly for safety. You can      also turn your headlights on to alert other drivers. Not doing so may send      another car crashing across the road.
  • Call the police and let them do the      investigation. The presence of an authority in a drunk driving accident      scene in important as he may act as the intermediary between two parties.
  • Take pictures of the scene if you      can – the more pictures, the better. The photos will capture the extent of      damage done to the car.
  • Exchange information with the other      driver like name, contact number, and address.
  • Call your insurance agent and      inform them of what had happened.

In reality, the authorities will eventually know when someone was driving under the influence of alcohol when the drunk driving accident happened. It is advisable to be quiet and maintain minimal discussion while the investigation is being conducted as you may say things that may be used against you in the future. Most of the time, the blame on drunk driving accidents are naturally put into the one who consumed alcohol because a drunk driver has less focus and concentration on the road and has a greater tendency to not notice other vehicles and are less wary of the traffic signs. To avoid any drunk driving accident, better steer away from alcohol if you know that you will be driving, as a drunk driving accident is something that could be easily prevented.

How to Prevent a Truck Accident

A truck accident can happen in a blink of an eye. Whether you have a knack for ineptitude or you miscalculated your ability to drive, it doesn’t matter. As a car driver, you need to know how to prevent a truck accident from happening. Bear in mind that while there’s a big chance of you being involved in a truck accident, it won’t happen as long as you follow the tips listed below that can absolutely help you in your travel endeavors.

Be Aware of Blind Spots

If you ever read the papers, chances are you’ve probably know that this is usually the cause of a truck accident. A blind spot is common for all types of vehicle, whether you’re driving a car, motor, or even a truck. It is when you can’t see anything without looking ahead or on the side and rear view mirrors on your vehicle. You need to check the areas around you before making any kind of maneuvers such as turns and stops. If there is a truck vehicle in your blind spot, there is a high chance of you getting involved in a truck accident. So you need to be careful driving to avoid a truck accident in the future.

Don’t Ever Tailgate

This is a common problem for car drivers; sometimes they tend to pursue the truck driver too closely, getting impatient and offensive, causing the truck to swerve. And sometimes truck drivers tend to tailgate too; which causes a truck accident to happen. They tend to bump their truck to the car in front of them in an effort to make them hurry up; which is a bad experience especially if you are the vehicle in front of them and yours is smaller than the truck. If ever this happens to you, make sure to move away and let them pass by. Remember, prevention is better than cure. Avoid a truck accident by letting them have their own way.

Be Aware of Acceleration Lines

An acceleration lane leading to a highway is dangerous for drivers, especially when you’re behind a big truck. This is one of the most common causes of a truck accident, too. The reason why it’s dangerous is because the truck driver might be driving at a high speed, which means it won’t have enough power to slow down at the right time. Make sure to drive behind it in order to prevent a truck accident from happening.

Remember, in order to prevent a truck accident from happening, you need to be alert when driving. Your safety is in your hands. And if by chance you’ve been involved in a truck accident, make sure to report it to truck accident lawyers and specialists that can definitely help manage you

Proving the Occurrence of a Medical Malpractice

Medical malpractice refers to a situation wherein a person was injured or suffered damages brought about by a medical care professional such as a physician. Other areas touching malpractice by those in the healthcare field such as a chiropractors, dentist, nurse, also may be implicated. In the case of a dentist, it is called dental  malpractice. In this case, the victim may file a medical malpractice claim. A medical malpractice is caused by the negligent behavior of a health care provider which caused an injury or in worse cases, death, of the patient. When the death of an individual is related to medical malpractice, it can be categorized as a wrongful death. Lawrenceville dentist

There are certain elements a case must include so that the victim can prove the negligent behavior that resulted to medical malpractice. 

Essential Elements to Prove Negligence

  • It must be provided that the health      care provider owes a duty of care for the patient. This element is usually      established in a medical malpractice case. It also often an issue left      undiscussed since when a medical professional agrees to provide services      or care to an individual then a doctor-patient relationship is already      established.
  • Another type of evidence needed is      that the provided service or care did not meet medical standards. Failure      to provide the standard quality of service a health care must provide is      another basis for medical malpractice.
  • It must be proven that due to the incompetence      or negligence of behavior, the patient has suffered pain or damages. These      damages in a medical malpractice claim may refer to physical and      psychological damages.
  • It must also be established that      the injury suffered by the victim is because of the misconduct or the      medical malpractice.

A medical malpractice case is a way to seek monetary compensation for the damages suffered by the patient. Non-economic damages and sometimes punitive damages are also punished to a medical professional proven guilty of medical malpractice.

A patient who is a victim of medical malpractice may sue either the health care provider, who can either be a doctor, a dentist or a nurse, or their employer. An employer may refer to a hospital, clinic or a medical organization. If it can be proven that the employer has hired an incompetent worker and made him/her treat patients despite the insufficient knowledge and experience, then the employer can be subject to a medical malpractice lawsuit.

Medical malpractice cases are a thriving social issue as medical organizations say that there should be a set limit for the monetary compensation a patient may receive. On the other hand, others say that putting a limit for compensation for damages in a medical malpractice case may give a free reign to medical professionals and might limit the opportunities for victims to pursue a medical malpractice lawsuit against health care providers or organizations.

Defining Inadequate Security

Inadequate security is an issue that has led to lawsuits in different parts of the world. Inadequate security is synonymous to negligent security.  Inadequate security is a phrase that seems simple but it is actually covered by much legality and complications.

To understand fully what inadequate security means, it is better to break it down to its basic components: security and inadequacy.

Security roughly means protection against harm, damages, invasion and prevention of such future occurrences. Inadequate refers to insufficiency, deficiency and shortage.

Putting the two together, inadequate security in simple terms refers to the insufficient protection against unlawful acts that harm people or property.

In the practice of law, inadequate security is grouped with negligence. Inadequate security falls under the premise of liability law. Inadequate security means that property owners (i.e. residential housing, resorts, hotels, motels, apartments) and business operators (i.e. malls, retail stores, restaurants) fail to fulfil their legal duty of making sure that the property that is used by the public is safe and secure.

Businesses are required to have basic and reasonable protection measures not just for their products and personnel but for their customers too. Having security guards, alarms, additional locks and cameras for instance, are examples measures to prevent future crimes and breach of security.

Inadequate security is a breach of duty, which is why it is associated with negligence and liability. Although business owners may not be liable for the crime that takes place in their property in general, if it is proven that they did not comply with laws on security measures, they can be sued for inadequate security and negligence.

Inadequate security is a matter that has to be taken very seriously because it involves so many lives, livelihood and hard-earned properties. The gravity of mishaps, accidents and crimes due to inadequate security are further highlighted in the local and foreign news because inadequate security is something that concerns everybody, everywhere. Sanctions for inadequate security cases vary from state to state, country to country. Failure to address issues of proven inadequate security would be an injustice and disservice.

Knowledge of what inadequate security helps business owners stay within the boundaries of the law and the workers and consumers to understand better their rights to security and protection. Also knowing what inadequate security stands for helps the public understand and espouse their personal safety when they are outside the comforts of their own homes.

Wrongful Death Claim: For Justice and Compensation

A wrongful death claim is an appeal of the relatives of the deceased person for compensation. It is a lawsuit meant to compensate for the damages suffered by the family due to the lost of their loved one. A claim for wrongful death can be pursued against an individual, a company or even the government. There are also certain types of accidents or mistakes that can be considered by the court as situation of a wrongful death. There are certain types of damages in a case of a wrongful death claim that are recognized in the court that requires compensation in monetary form.

Economic type of damage

This type of damage in a wrongful death refers more to the tangible aspects. Included here are the ones that should be compensated for by the individual subject to a wrongful death claim.

  • What could have been provided (goods and services) by the deceased
  • The money the family spent on the  victim’s medical as well as burial expenses
  • What could have been inherited by  the victim who met an untimely and wrongful death
  • What benefits (pensions, medical plans and insurances) could have been received by the deceased
  • What could have been earned by the victim (financial support) if he or she has lived up to his or her full life expectan

 

Non-economic type of damage

Non-economic type of damage may refer to the intangible damage/s the family must have suffered because of the wrongful death. Once proven by evidences, the person accused of a wrongful death claim is also required to give monetary compensation for the following:

  • The emotional stress/trauma suffered by the relatives due to the death of their loved one
  • If a spouse was left, then payment is also sought for the lost of consortium
  • The lost of care, comfort, moral support, guidance, advice that could have been provided by the deceased if      he or she did not die a wrongful death
  • Lost of love, companionship and affection from the death of their family member 

Punitive damage

Not all states implement the requiring of compensation for punitive damages. This is mainly implemented to serve as a punishment for the person who is guilty of a wrongful death claim. A wrongful death claim is pursued on an individual due to bad conduct or actions. A person guilty of a wrongful death claim is required to compensate for his reckless actions and behavior. This also serves as a discouragement for any future misbehavior.

It is important that the calculation of these damages in a wrongful death claim case be measured through reliable means. An estimation or approximation of the amount should be based on the deceased’s daily life. His or her average life expectancy, which was not met due to the untimely and wrongful death he or she suffered, should be based on his lifestyle and habits. A normal average life expectancy may not be applicable to people who have been smoking, drinking or other bad for the health habits.

Accident and Injury Tips

auto accident lawyerMost people don’t know what to do in a case of an accident and personal injury. What you have to know is that you could be entitled to compensation for your personal injuries. In case you have been injured and another party is responsible for your injuries, you should seek compensation from an Atlanta accident attorney . But it often happens that people who suffered a personal injury can’t get a compensation because they don’t know how the system actually works. Since many people find themselves in a bad situation due to stalled compensation claims and lousy built cases, there are some things you should know about building a solid case, for example an  Atlanta personal injury law firm . Also, you may be eligible for additional benefits related to your claim. To make use of these benefits and claims against the responsible party, follow these steps:

 

Step One

You should seek medical attention immediately after you’ve been injured. In case your injury is severe, call 911. You should provide all the details concerning your personal injury to the doctor so this data can become an important part of your medical records. Make sure you keep all copies of the medical treatment records related to your personal injury because they will be an important part of your claim.

Step Two

After you’ve taken care of your injuries, call your lawyer even before you call your insurance company. Don’t hesitate to do that and don’t waste your time because the attorney could give you valuable advice. Create a copy of any report that has been made about the accident. Keep this report together with your other records on the suffered injury.

Step Three

Look for witnesses. Get any information on the witnesses you can, their names, addresses and phone numbers. Independent witnesses will be valuable to your case so you should ask them to put their observations in writing.

 

Step Four

After doing everything mentioned in the previous steps, you should consult with an attorney. Consult with an experienced attorney that is knowledgeable on the type of accident you’ve been involved in to evaluate your case. With an attorney’s help, you should be able to understand what your rights are and what documents should be submitted for the claim. Besides that, a knowledgeable personal injury attorney will be able to tell you if you are entitled to any other benefits and if you can pursue any other claims regarding your accident and personal injury. A personal injury attorney will be able to reach a settlement for you, if that is the best way to go. But in case your personal injury claim has to go to court, an experienced personal injury attorney will be able to get the jury verdict you will be satisfied with.