The Different Types of Personal Injury

The Different Types of Personal Injury

Nov 08

Personal injury lawyers tend to get shoehorned into a few categories. In reality, it’s a very broad area of law that can help a large number of clients. This flexibility is one of its greatest recommendations for becoming a personal injury attorney, and so, for those considering their futures in law, it is worth outlining a few of the flexible areas.

To do so, I have selected a personal injury law website that outlines the practice areas of the firm.

These include some areas that may seem obvious to anyone with any knowledge of personal injury law. Those include brain injuries, spinal cord injuries, amputations, general claims about slips and falls, as well as vehicle accidents (car, motorcycle, and truck). Again, these likely would occur to anyone with a passing acquaintance with the field, but practice expands beyond these.

There are also child-specific areas of practice, from birth injuries to cerebral palsy to general children injuries. There are also areas of practice around wrongful death and life insurance claims.

Finally, there are also the vast areas of disability claims and medical malpractice.

Browsing over that list, it is clear that personal injury law serves a very large need in a community. It covers a large list of traumatic injuries that occur through a large number of causes. For instance, injuries through vehicles, medical mishaps, or business negligence (with slips and falls). Other institutions such a firm might deal with include insurance companies (disability claims and vehicle insurance) as well as the government (slips and falls again, or potentially in vehicle accidents).

The vastness of this field has a number of benefits. Firstly, it means there is a large pool of clients to choose from. With so many potential injuries, there are a great many needs that can be dealt with.

Secondly, though, there is also the excitement of a change of focus with each case. One case may involve a wrongful death (itself full of very diverse causes). The next case may involve a child’s injury. The next could be over disability claims. And the next could be medical malpractice. There would be no risk of boredom with such an interesting variety of cases.

Finally, unlike many areas of law, a personal injury lawyer works directly with clients who need them. The benefit of this cannot be overstated. A case win is not just good news for a large business or corporation or a faceless government,  it is a victory for an individual who needs this help for whatever reason.

This personal face can add extra motivation to the workday.

This list by no means is meant to impugn other areas of practice or specializations. Personal injury is not for everyone. The law requires excellent lawyers in every field. It is important, however, to show that personal injury can be as compelling an area to practice in as any other.

18-Wheelers and the Dangers They Pose To Other Drivers

18-Wheelers and the Dangers They Pose To Other Drivers

Sep 01

Despite advancements in technology, our economy continues to rely on large semi-trucks for the transportation of goods across the United States. 18-wheelers are large vehicles whose sheer size and weight can cause serious injury accidents if they collide with a car or smaller truck on the road, or if an unbalanced load causes a jackknife accident or tip-over. Also, truck drivers are often subjected to very long shifts and often operate while sleep deprived. These unsafe conditions can cause serious accidents that can be fatal due to the sheer weight and force of such large vehicles. An epidemic of automobile accidents is already plaguing the United States due to congested highways and an increase in commuter traffic, and large semi trucks have a significant role to play in these injury accidents.

Tragic events such as car accidents are everyday occurrences in the United States. Accidents involving large semi-trucks have the potential to be particularly hazardous. These large and imposing vehicles are often loaded above their recommended capacity, which can have a catastrophic output of force in the event of a crash. Additionally, the drivers have a limited range of visibility for cars on either side of them and behind them. It is also not uncommon to find many of these trucks moving at speeds well above the speed limit, as the driver seeks to deliver their load on tight deadlines. Because of these everyday experiences, it is easy to conclude that intervention and reform must take place with regards to the trucking industry.

According to the U.S. News and World Report, an eighteen wheeler was involved in a twenty-five car collision in New Mexico that killed six people. Instances like this can not continue to occur in our public domain of roads. In the event of a serious truck accident, the victim should seek the assistance of a personal injury attorney who has handled truck accident injury cases in the past. Truck accident victims may be able to recover compensation for their medical expenses, therapy and rehabilitation, and other damages following an accident

Innovation in the form of new technologies that allow trucks to drive themselves could potentially be implemented in order to further prevent other accidents from occurring. While there are many noted reservations to the implementation of autonomous driving systems, it seems like a logical solution to an epidemic that has not yet seen any significant progress. If the proper guidelines were set in place for such a system it could potentially save the lives of millions of future Americans. Additional support for these technologies will be the only way to ensure progress can occur in regards to combatting driving fatalities effectively.

Trucking accidents cause devastating injuries and tragic deaths on roads across the U.S. The lack of regulation, size of trucks, and bad driving habits, pose as a menace to drivers across the nation. Innovation in the designing of vehicles and technologies that allow them to operate autonomously is crucial in ending the devastating effects of trucking accidents.

The Immediate Effects of Crime on Your Marriage and Family

The Immediate Effects of Crime on Your Marriage and Family

Jun 29

There are so many ways for your marriage and family life to be destroyed, and one of those ways is getting involved in crime. But how heavily it will affect marriage and family will depend on a variety of factors, such as the following:

  • Nature of the crime
  • Victim of the crime
  • When the crime has happened
  • The number of crimes you have in your record

However, according to the website of the Law Offices of Mark T. Lassiter, criminal charges can be defended, so they don’t elevate into convictions. But when all is said and done and you are actually convicted, how will this affect your marriage and family life, exactly?

Yourself

First, let’s talk about yourself and how the bulleted factors above can relate to you. The nature of the crime is important, because a worse crime means that you will have to face bigger penalties, such as bigger fines that can be financially troublesome and longer jailtimes.

But minor offenses, such as a single drunk driving offense, may not influence your life that much. The key word there is single.

Your Spouse

Your spouse, and to an extent also your children, is greatly affected by the second factor – the victim of the crime. If your spouse has been the victim of domestic violence, spousal rape, or any other domestic issues, your entire marriage may be in trouble, and the court may even issue protections that will prevent you from getting near your spouse or your children, depending on who has been the victim.

You can try marriage counseling to try and fix the damage, but there are some damages that are not worth fixing. In the event of a divorce, you will also likely have the shorter end of the stick.

Your Children

When a divorce does take place, it is also likely that there will be child custody and support issues, where again, you will not be in the proper position to win because of your criminal record. The bulleted factors above may be considered in concluding that you are not mentally fit to help your children, especially in their development stage, so the court may limit even your visitation rights.

At the end of the day, how the crime can affect your family life will truly depend on the bulleted factors above. Simple offenses where there is no victim, or the victim is not an immediate family member, will likely not influence your family life that much. But on instances where the crime is serious and the victim is your spouse or your children, they can easily snowball and destroy your marriage and family faster than you think.

Anyone Who Worked with or around Asbestos can be at Risk of Developing Mesothelioma

Anyone Who Worked with or around Asbestos can be at Risk of Developing Mesothelioma

Apr 05

Anyone Who Worked with or around Asbestos can be at Risk of Developing Mesothelioma

A 36-year old woman from St. Paul, Minnesota, was diagnosed with mesothelioma, a deadly cancer with no known cure. Though mesothelioma takes decades to develop, it usually takes victims’ lives within a few months after its symptoms appear. But what was actually surprising about the woman’s case was how she came into contact with asbestos. She recalls that when she was aged six, as soon as her father, who was a demolition worker, arrived from work, she would hug him and then put on and play with his dust and dirt-covered coat and shoes.

Mesothelioma is caused by exposure to asbestos, which has been considered a “miracle fiber” due to its high resistance to electricity, heat and fire; it is also abundant, cheap and easy to use. During the late 19th and early 20th centuries, Asbestos became a very common name in the construction business, shipyard industry and many other types of manufacturing plants.

The U.S., UK and many other highly developed countries have either restricted or banned the use of asbestos since the early 1970s; it is not the same, however, in many other nations, especially in rising in developing ones. And despite the recommendations of the American Public Health Association, the International Trade Union Confederation, the International Commission on Occupational Health, World Federation of Public Health Organizations, and three other major international health organizations, to ban the production and use of asbestos, its production and massive exports still continue.

Countries that lead in the production of asbestos include Kazakhstan, Brazil, China, Russia and Canada, while the top two countries that continue to use it are China, followed by India. Japan, where asbestos was banned in 2006, but which is presently experiencing a rapid rise in asbestos-related illnesses, warns other Asian governments to prepare for the same scenario.

Mesothelioma survivors, like the woman from St. Paul, Minnesota, who was medically advised to have one of her lungs removed, are very, very few. If one has been exposed to asbestos in the past, a once very common work incidence, and feels the symptoms of mesothelioma, which include chest pains, pleural effusions (fluid buildup around the lung), shortness of breath, fever, consistent dry cough, fatigue, weight loss, and excessive sweating, then going to a doctor (and consulting a lawyer if positively diagnosed with it) is highly advisable.

Mesothelioma lawyers of Williams Kherkher say, “Mesothelioma is a highly lethal cancer caused by even brief or minimal asbestos exposure. Many Americans spent years of their lives working and living in close proximity to asbestos without even realizing the danger that they were being exposed to. There is no cure for mesothelioma, which may appear decades after the asbestos exposure.

Typically, mesothelioma attacks the lungs or abdomen. It is thought to be caused by the inhalation or accidental swallowing of tiny asbestos particles in the air. The disease sometimes affects the heart as well. Anyone who worked with or around asbestos, including construction workers, factory employees, military personnel, and railroad workers, could develop one of the harmful forms of mesothelioma cancer, which include Pleural Mesothelioma, Peritoneal Mesothelioma or Pericardial Mesothelioma.”

Asbestos was used so widely for so long and an incredibly large number of Americans may be at risk. If you feel that you may have been exposed to asbestos or are now experiencing symptoms of mesothelioma, it is important that you consult with a medical professional and a mesothelioma lawyer as soon as possible.

There is a Connection between Football and Head Trauma, specifically, Chronic Traumatic Encephalopathy (CTE)

There is a Connection between Football and Head Trauma, specifically, Chronic Traumatic Encephalopathy (CTE)

Feb 28

There is a Connection between Football and Head Trauma, specifically, Chronic Traumatic Encephalopathy (CTE)

After their deaths, NFL players Ray Easterling, Mike “Iron Mike” Webster and Dave Duerson were diagnosed with chronic traumatic encephalopathy (CTE), an injury that causes a breakdown in the brain. CTE, which is a progressive degenerative disease of the brain that can lead to memory loss, dementia and depression, was most likely caused by the repeated blows to the head the three players suffered throughout their NFL careers, according to medical professionals. CTE, made these men experience intense suffering, often to the point of breakdown.

National Football League’s (NFL’s) senior vice president of health and safety admitted very recently to a member of a U.S. congressional committee, the connection between football and head trauma, specifically, chronic traumatic encephalopathy (CTE). This admission was made after on a study by Boston University found traces of CTE in 90 out of 94 deceased players it examined (CTE, which was found in military veterans, those with a history of repetitive brain trauma and athletes, especially boxers, requires proof of degeneration of brain tissue and deposits of tau proteins and other proteins in the brain. Due to this, it can only be seen or detected through study of the brain after death).

NFL players know and acknowledge risk of musculoskeletal disorders/injuries (or MSDs, such as injuries to the muscles, tendons, ligaments, nerves, discs, blood vessels). With regard to CTE, however, no player was ever told of the possible risk of suffering from this injury; the league, for so long, also denied any possible link between football and this chronic brain disorder.

Musculoskeletal disorders/injuries that players can sustain include:

  • Anterior Cruciate Ligament (ACL), Medial Collateral Ligament (MCL) and Torn Meniscus, which are knee injuries;
  • Muscle contusions, which usually affects the thigh;
  • Shoulder tendinitis, which is due to the repetitive motion of throwing;
  • Shoulder separation or dislocation, which is due to a direct blow below the shoulder;
  • Ankle sprains and strains, which is probably the most common sports injury; and,
  • Torn hamstrings

A law firm that represents former NFL players in more than 700 lawsuits says, “Throughout its many years, the NFL and team franchises have continuously chosen to increase its own revenue over bettering player wellbeing as seen in the still prevalent debate over the 18 week season. NFL players subject themselves to brutal hits every game they play and while they may be compensated immensely for their time, the health risks that each player takes on are still unnecessarily high. Player health needs to remain the top priority for any sports league, especially one as dangerous as American football. Parties, whose negligent acts needlessly increase the likelihood that an NFL player will incur a brain injury, need to be held responsible for their heedless disregard for those that they have injured.”

This same law firm may be able to offer you vital information that will help you learn more about NFL concussion lawsuits.

Laws on Solicitation of Minors

Laws on Solicitation of Minors

Dec 30

The crime of “solicitation of a minor,” also known as child enticement, is the act of deliberately inviting, persuading or enticing a child below the age of 16, to enter any form of dwelling, such as a home, a vehicle, or an office, for the purpose of engaging in a sexual activity, including fondling, sodomy, molestation, sexual assault or sexual intercourse. Actually, the mere attempt to solicit or entice a child below 16 years old, even if the act is never carried out, can still result to solicitation charges.

Many states prosecute sex crimes against minors very aggressively. Being a felony offense, those convicted can face up to 20 years imprisonment, up to $15,000 in fines and, possibly, lifetime mandatory registration as a sex offender.

According to the United States Department of Justice, Section 2422(a) and (b) of Title 18 of the United States Code says that anyone can be charged with solicitation of a minor on the following grounds:

Knowingly persuading, inducing, enticing, or coercing any individual to travel in interstate or foreign commerce, or in any territory or possession of the United States, for the purpose of engaging in prostitution, or in any sexual activity for which any person can be charged with a criminal offense. Those who attempt (to persuade, induce, etc.) also be charged with the same offense and fined and/or imprisoned for not more than 20 years; and,

Using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 10 years or for life.”

Any person can face the same felony charge even if the act is committed through the use of a computer or through any online or electronic means, including conversations via emails or text messages, or even if the alleged victim was a police officer posing as a minor so long as the alleged offender thought he or she was speaking with a minor.

According to a Nashville sex crime defense attorney, sex offenses where the victim is a child are among the most complex and challenging criminal cases to defend. It may be absolutely necessary for a person charged to have an experienced, tough, effective criminal defense attorney on his/her defense.

Laws on Solicitation of Minors

Laws on Solicitation of Minors

Dec 29

The crime of “solicitation of a minor,” also known as child enticement, is the act of deliberately inviting, persuading or enticing a child below the age of 16, to enter any form of dwelling, such as a home, a vehicle, or an office, for the purpose of engaging in a sexual activity, including fondling, sodomy, molestation, sexual assault or sexual intercourse. Actually, the mere attempt to solicit or entice a child below 16 years old, even if the act is never carried out, can still result to solicitation charges.

Many states prosecute sex crimes against minors very aggressively. Being a felony offense, those convicted can face up to 20 years imprisonment, up to $15,000 in fines and, possibly, lifetime mandatory registration as a sex offender.

According to the United States Department of Justice, Section 2422(a) and (b) of Title 18 of the United States Code says that anyone can be charged with solicitation of a minor on the following grounds:

  • Knowingly persuading, inducing, enticing, or coercing any individual to travel in interstate or foreign commerce, or in any territory or possession of the United States, for the purpose of engaging in prostitution, or in any sexual activity for which any person can be charged with a criminal offense. Those who attempt (to persuade, induce, etc.) also be charged with the same offense and fined and/or imprisoned for not more than 20 years; and,
  • Using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 10 years or for life.”

Any person can face the same felony charge even if the act is committed through the use of a computer or through any online or electronic means, including conversations via emails or text messages, or even if the alleged victim was a police officer posing as a minor so long as the alleged offender thought he or she was speaking with a minor.

According to a Nashville sex crime defense attorney, sex offenses where the victim is a child are among the most complex and challenging criminal cases to defend. It may be absolutely necessary for a person charged to have an experienced, tough, effective criminal defense attorney on his/her defense.

Sole Proprietorships and Partnerships

Sole Proprietorships and Partnerships

Oct 18

A Sole Proprietorship is the smallest form of business entity. Because there is only one person who will own and run the business, this format can cost higher (for the owner to start); however, this owner is entitled to own whatever amount of profit the business will make. Decision making will be fast too and managing the business, easier, as there will be no clashing of interests, which usually happens with multiple-owned firms.

A sole proprietorship business format, however, renders a business owner’s liability unlimited. This makes the owner fully responsible for all debts and legal liabilities of the company. Thus, if the business goes bankrupt or if the company is unable to pay its debts, then the owner’s personal wealth and assets can be taken by creditors.

Another type of business format is Partnership, a business arrangement where the owners, called partners, agree to cooperate to achieve their mutual goals and interests. The partners in this type of business can be individuals, interest-based organizations, schools, businesses, governments or a combination of any of these.

There are three classifications of Partnership:

  • General Partnership is where partners equally divide among themselves company profits, losses, management responsibility and liability. It is recommended that partners draft a Partnership Agreement which will outline any instance of unequal distribution in profits, losses, management responsibility and liability. General partnership comes with a tax advantage: profits are not taxed to the business; partners include these in their individual tax returns (at a lower rate) instead.
  • Limited Partnership is an arrangement that restricts the liability and share in profit of a member based on the amount of his/her investment. Though one or more individuals can be a limited partner, there is one who shall remain as a general partner. This general partners will exercise control the business and assume full personal liability if ever the company will incur debts and face obligations. As a general partner, however, he/she will earn higher profits, but will also have more liability in case the business suffers financial loss. A limited partner does not participate in management decisions.
  • Limited Liability Partnership (LLP). Under this arrangement, some or all business partners have limited liability. One partner, however, will not be held liable for the negligent act or misconduct of another business partner.

The type of business format one should choose will depend on the service or product he/she wishes to provide. According to the law firm Russo, Russo & Slania, P.C., when establishing a new company, all decisions can have a substantial impact on the future of the business. From a legal standpoint, there are a range of different choices that must be made which can profoundly influence the course of a company’s development and progress. Advice from a qualified legal professional can prove invaluable, especially for entrepreneurs.

Phone Scams Targeting the Elderly

Phone Scams Targeting the Elderly

Mar 29

The Fond du Lac County Sheriff’s Office in Wisconsin has recently reported a phone scam targeting the elderly, which involves a caller saying that he was a representative of a federal government agency such as the Internal Revenue Service, and that the government is demanding payment from the elderly person because he has unpaid debts to the government.

Police Captain Rick Olig added that another way the scammers play the victims is by pretending to be a member of the sheriff’s office and informing the elderly victim that he has missed jury duty or failed to pay a warrant. The scammer then tells the victim that the charge can go away if the victim will pay the scammer a fee.

Olig reminds citizens, especially the elderly, to be vigilant and not to easily believe people who have been calling them, especially those who state that they are federal officials, if they have not yet shown their identification cards. Also, all correspondence coming from the IRS is written in official letterhead as identifiers, he added.

According to SeniorAdvice.com, it is difficult to determine whether an elderly person made an unwise but legitimate financial decision, such as an investment or a payment, or if he has been coerced under due stress, lack of informed consent, or fraud because sometimes a poor financial decision can be made by an elderly person due to bad or non-advice.

Usually, financial crimes against the elderly include aside from phone scams, identity theft, internet fraud, check and credit card fraud, and prescription fraud.

The United States Special Committee on Aging reported in 2000 that only one in 10,000 elderly fraud victims report said crime to the authorities. For its part, the National Aging Resource Center on Elder Abuse in 1998, using data from 24 states, determined that 20% of all elder abuse victims in the country were victims of financial exploitation.

Kinds of Cerebral Palsy

Kinds of Cerebral Palsy

Oct 29

Cerebral palsy is a non-progressive motor disorder that is considered the most typical condition of its kind to afflict children. It truly is characterized by difficulty in maintaining position, the degree of disability based on the intensity of the problem and managing movements. It is thought that the illness is due to abnormal growth or injury to the mind, even though no one really knows for certain. Some believe that many cases are due to the prenatal care that is inadequate; others believe that it is a result of birth injuries sustained throughout a hard labor or medical negligence.

According to www.birthinjurysettlement.com, there are numerous ways to identify cerebral palsy. Including according to intensity and region changed. The stricken individual’s capacity to operate is dependent upon the seriousness of the state as pointed out earlier. People who have mild cerebral palsy may possibly simply seem a bit embarrassing but wants equipment, no special care, or support to function. Additional kinds of cerebral palsy based on severity are:

  • Average – is normally practical, although may be on lifelong medication to restrain movement, and will demand some special equipment such as braces to circumvent
  • Acute – very limited freedom, may require assistance, and a wheel-chair in accomplishing daily activities
  • No CP – this can be confusing, but relates to cases where the state was obtained following the brain had developed, so it is classified according to causation, like physical trauma or post-natal illness.

Cerebral palsy may also be classified according to what place and how a human body is changed. Paresis means destabilized, and plegia/plegic means paralyzed, therefore monoparesis/monoplegia means weakness/paralysis to only one limb, while hemiplegia/hemiparesis indicates the arm of a single side is affected. Other types comprise:

  • Diplegia/diparesis – both legs
  • Paraplegia/paraparesis – lower half of the body, including legs
  • Triplegia/triparesis – three limbs are changed, for example both hands and a leg
  • Double hemiplegia/double hemiparesis – all legs and arms, but one side more than the other
  • Tetraplegia/tetraparesis – three over the fourth, although legs and all arms
  • Quadriplegia/quadriparesis – all limbs are equally affected
  • Pentaplegia/pentaparesis – all four limbs plus mind and throat paralysis

A birth injury attorney would let you know that some children would have been delivered without any type had they not been mishandled during delivery. Occasionally cerebral palsy is the direct consequence of carelessness by way of a hospital worker and that should not be allowed.