December 22, 2021 by admin

How To Prove Fault in a Personal Injury Lawsuit

To win a personal injury claim, you need to prove in a court of law that the defendant you’ve named is responsible for your injuries. Here’s what you must know about convincing a judge that you are correctly assigning blame.

What Constitutes Legal Proof of Negligence

A few things are necessary to meet the legal threshold for proof of negligence. First, you have to show that the defendant had an obligation to shield you from harm. Further, you need to demonstrate that there was a breach of duty that resulted in injury. Finally, it must be proven that you suffered a verifiable loss. These damages can be either financial or physical. In many instances, it’s a combination of the two.

What Evidence Proves Negligence

The scene of an accident can be a wealth of material showing who deserves blame. For instance, if you were in a car accident, pieces of a broken car may show how a vehicle collided. Paint smudges might confirm the way contact happened. Pictures are often a powerful tool; take photos of the scene before anything gets cleared away. There may be surveillance video that substantiates what occurred. Be swift about obtaining this footage before it gets erased, either accidentally or on purpose.

If you are lucky, there are eyewitnesses to what happened. Ask those who viewed the accident to provide contact information and record their observations on video. Hire a personal injury attorney to review your list of what interview questions and topics have to be covered.

Police reports are another vital part of building a case. The information within sometimes paints a vivid picture of what happened. Judges and jurors are more likely to believe the word of someone bearing legal authority.

What Testimony Is Necessary To Prove Negligence

Depending on the circumstances of your case, it may be wise to have experts testify. For instance, if you are suing for medical negligence, you probably want a medical professional to speak on your behalf. When manufacturer error is the basis of your claim, you might desire an individual who knows everything about the product your case centers around. Personal injury attorneys are skilled at securing statements from these experts and making their words count.

You deserve compensation for any harm endured as a result of someone else’s irresponsibility or recklessness. If you believe you may have a cause for a personal injury lawsuit, set up a consultation with a personal injury lawyer like at the office Telaré Law as soon as possible.

November 28, 2021 by admin

What Motorcyclists Need to Know About Other Vehicles’ Blind Spots

Motorcycle Accident Lawyer

When you are driving a motorcycle, you must be vigilant about the blind spot of the cars and trucks around you. This is especially true because bikes are smaller than passenger cars and this makes them harder to see. This means that it is very likely and very easy for a motorist driving a car or a truck to not see you on your motorcycle; and when this happens and you were in that particular vehicle’s blind spot, a collision may occur.

When a collision occurs and you are in the blind spot this can cause life-threatening injuries to the motorcyclist. If you are in an accident, and you are in this accident Scottsdale, AZ reach out to a motorcycle accident lawyer.

An experienced motorcycle accident lawyer like the ones available at Yearin Law Office is going to be able to understand how the accident occurred, they are going to be able to point out who is liable, and they are going to be able to teach you how to be safe on the road and avoid blind spots.

First you need to know how to identify blind spots, and these are the areas around a vehicle where the driver or the writer is not going to be able to directly see you. Every vehicle has a blind spot, even motorcycles. However blind spots are bigger for larger vehicles, which means that a vehicle list who tries to turn or change lanes while they are in the path of a motorcyclist that they do not see will cause a serious accident.

Some common areas for blind spots are:

The area between what you see when looking forward and what is in your rearview mirror.
The area that is hidden from view because of the bodywork to your vehicle when looking in your mirrors.

Different vehicles have different blind spots based solely on their design; head restraints or window pillars can even cause blind spots as well. So knowing about the type of vehicle you were driving next to is going to help you greatly in discovering this vehicle’s blind spots and avoiding them while you are on a motorcycle.

To further reduce the risk of a blind spot accident, motorcyclists and motorists can both follow some important safety measures. If you are a motorist and you are worried about the care of motorcyclists that may be in your blind spots, you should ensure that you are properly adjusting your rearview mirror so that your rearview window is totally framed and adjusting the side mirrors so that they point toward your blind spot. You should ensure you’re looking over your shoulder before you are changing lanes and merging with traffic. This will help you see if a motorcyclist was in a blind spot. You should use your blinker so that other motorcyclists alike can anticipate your action. You should stay alert and aware of what other motorcycles and motorists are doing.

If you are a motorcyclist, you must take extra steps to ensure your own safety. While everyone on the road has a specific duty of care to everyone else on the road including safety, motorcyclists are accepting an implied risk when they drive motorcycles. You should avoid driving and blind spots, and the best way to do this is to right in front of or behind a vehicle. You should drive defensively and scan the area in front of you and give yourself extra space while riding. You should wear brightly colored clothing and keep your headlights on, and if you are passing a vehicle you should do so quickly.

July 30, 2021 by admin

How Many Chiropractic Adjustments Do I Need?

Chiropractic care is gaining in popularity as more patients than ever recognize its benefits. If you are considering visiting a chiropractor you may wonder how many adjustments you need. This varies greatly for each patient and depends on several key factors. Consider these three things that may affect how often you need to see your chiropractor. When you follow treatment recommendations from your provider, you can look forward to a successful outcome with your chiropractic care.

Type of Treatment

The number of spinal adjustments that you need depends on the type of care you are seeking. If you have suffered an injury, you will likely need more adjustments than those who are seeking routine care. The type and extent of the injury will dictate how many sessions are needed with a chiropractor like one from AmeriWell Clinics. The length of the sessions will also depend on what type of care you are receiving. Be sure to discuss with your chiropractor at what point you should begin seeing results.

Compliance with Treatment

Your chiropractor will recommend an appointment frequency based on your specific needs. If you are not compliant with coming to your appointments, you will halt your progress. Make sure you keep track of all your appointments and try not to miss any sessions. Your chiropractor may also recommend home exercises for you to do between sessions. You must do these as instructed. This can help increase the chances of success with your chiropractic care.

Routine Care

Many people benefit from routine appointments with a chiropractor. Some people go weekly, while others go monthly. Ask your chiropractor which frequency will work best for you. If you begin experiencing discomfort between sessions, you may need to see your provider more often. At your next visit, discuss the benefit of regular sessions with your chiropractor. You might be surprised at how big of a difference this type of care can make in your daily life and activities.

If you are thinking of seeking chiropractic care, the first step is finding the right provider. Find someone who has experience with the type of care that you need. Ask friends, coworkers and family members for recommendations. When you keep these tips about chiropractic care in mind, you can look forward to successful treatment. Consider the ways that chiropractic treatment can benefit your unique situation, and call to set up a consultation today. It is never too late to get the care you need.

July 27, 2021 by admin

What Are the Elements of a Wrongful Death Case?

Wrongful Death Lawyer

You may be able to file a wrongful death claim if a spouse or family member died due to another party’s negligence. Most often, immediate family members can seek compensation for wrongful death. The wrongful death claim provides for emotional and financial damages caused by the accident and death of the victim. If you consider a claim, you have to prove that your loved one died because of someone else’s negligence. Here are the four elements that you need to prove for a wrongful death claim.

Proving Negligence

To prove negligence, you may need a variety of types of evidence, as a wrongful death lawyer like one from Ward & Ward Law Firm can tell you. For example, you may need police reports from the accident scene or witness testimony. To prove negligence, you have to show that the plaintiff acted negligently to cause an accident.

Proving Breach of Duty

When proving wrongful death, you have to show that the defendant breached his or her duty to you. In the example of a car accident, this means that you can show that the defendant did not abide by safety rules and negligently caused the death. The defendant has to have a duty that he or she breaches.

Proving Causation

To prove causation, you need to show how the defendant’s negligence caused your loved one’s death. For example, if you had a spouse in perfect health who was killed in a car accident, it may be easy to show how the accident led to the death. Not all cases are as cut and dry, however. For instance, with a medical malpractice case, you may need to prove that under a different standard of care, your loved one would have lived. To prove causation, you need evidence that links the cause to death.

Proving Damages

When your loved one dies, he or she may leave behind many quantifiable damages. For example, you may have to pay medical expenses, funeral costs or lose the income your loved one would have generated. Keep a list of all of the different expenses you have and make sure that you have evidence, such as medical bills and other invoices, to prove damages.

Before filing your claim, discuss your options with a wrongful death lawyer. He or she will advise you on your next steps and help you collect all necessary evidence to prove that another party caused the death and subsequent damages. To find out more, set up a consultation with a wrongful death lawyer as soon as possible.

February 15, 2021 by admin

What business licenses will I need to obtain?

Starting a business can be one of the most thrilling, and hopefully profitable, things you will do. But it can also be complicated and stressful. Knowing how to get started with the legal setup of your business can be very beneficial for getting off on the right foot. There are multiple steps to take to make sure your business is set up correctly, legally speaking, so that you are paying the proper taxes as well as having the necessary inspections and meeting certain federal, state, or county requirements As you start on the creation of your business, you may benefit from working with an experienced business litigation lawyer in Washington, DC, like from Eric Siegel Law, who can guide you through the process and provide legal advice.

Business Licenses

Because there are multiple types of licenses for businesses, it is important to know which ones your business may need from the start. License requirements and types can vary greatly from one area to another, so it is crucial to check the requirements for your local area. Some of the common business licenses are:

General Business License – This is usually required for most states, cities, and counties to make sure that you have a proper business and are paying the appropriate taxes required for the area. Sometimes, you may need this license in addition to other, more specific licenses.
Liquor License – If you are planning to serve alcohol at your business, you will likely need to obtain a liquor license first and follow the guidelines and requirements that come with serving alcohol – such as taking precautions to ensure minors are not served alcohol.
Food Vendor’s License – When serving any kind of food, you are typically required to get a food vendor’s license. This will likely include health inspections to ensure that you are making and serving food in a safe and healthy way for customers.

Hire a Lawyer

Whatever your business legal needs, it can be beneficial to seek the legal counsel of a professional, like a business lawyer who knows the law and can provide you with legal guidance. Whether you are just starting out with a business, or having business legal issues for an existing business, you may want the legal counsel of an experienced lawyer to help you get the best outcome. Contact a law firm today to schedule an initial consultation to discuss your specific business legal needs.

February 15, 2021 by admin

What Is The Difference Between Mesothelioma and Asbestosis?

Asbestosis and mesothelioma can both be caused due to ingesting or inhaling microscopic fibers made of asbestos. However, they aren’t the same illness and both require different treatment approaches. The main difference between these conditions is that asbestosis is not considered a cancerous illness, while mesothelioma is.

It is important to note that anyone who is diagnosed with either of these diseases reflects about in what way they could have been exposed to these harmful fibers. Lawsuits against past employers for asbestos exposure are not uncommon. Consider speaking with an attorney near you if you suspect an employer or other party could have protected your exposure, but failed to do so.

Here, we discuss further the differences and similarities between asbestosis and mesothelioma:

Why Asbestos and Mesothelioma Develop

Mesothelioma and asbestosis have the same cause, which is due to asbestos exposure. People who work in construction, industrial fields, electricians, miners, firefighters, shipyard workers, or power plant workers, are more vulnerable to asbestos exposure. Both these diseases have a latency period in which it may take upwards of forty years before symptoms of asbestosis and mesothelioma are observed and diagnosed.

Asbestosis develops as a result of scar tissue after asbestos fibers have built up in the alveoli. The alveoli is small sacs of air in the lungs where an exchange of carbon dioxide and oxygen occurs. Asbestosis worsens as time goes on, where more scarring accumulates and the lungs become more rigid. Mesothelioma develops when asbestos fibers get stuck in the lung lining.

Symptoms of Both Diseases

When a doctor is examining a patient for mesothelioma or asbestosis, there are a group of symptoms that apply to both illnesses. Symptoms such as persistent coughing, weight loss, shortness of breath, and weight loss could be a sign of mesothelioma or asbestosis. However, patients with mesothelioma tend to experience more severe symptoms as the illness progresses.

A symptom that applies more to asbestos is when the fingers and nails have an abnormal, very rounded shape. Otherwise referred to as “finger clubbing,” this symptom occurs due to consistent low levels of oxygen in the blood. The nails slowly become softer, rounder, and wider. Patients with mesothelioma can develop clubbed fingers and toes as well, but it’s less common.

Diagnosing Procedure

The process of diagnosing asbestosis and mesothelioma are both the same, in which the patient must have imaging tests done. Usually, the initial step entails a CT scan or x-ray, so the doctor can look at how the patient’s lungs are affected. On the imaging, excessive white areas in the lungs could be a sign of illness. Blood tests and a biopsy may also be conducted, particularly for those with possible mesothelioma, to identify the presence of cancerous cells.

The pain and suffering and medical bills associated with a mesothelioma or asbestosis diagnosis can be profoundly expensive. As stated above, if you or someone you loved was diagnosed with mesothelioma or asbestosis, then it’s in your best interest to speak with a lawyer, like a personal injury lawyer from Wieand Law Firm, to see if compensation can be sought from the party responsible for the exposure.

February 13, 2021 by admin

You Have Minor Children but No Will

It is essential that you plan for your minor child’s welfare in the event of your death. This is especially true if you are in the process of getting divorced, or are already divorced, as an estate planning lawyer, like from Bott & Associates, LTD., can explain.

There are two areas in which plans must be made for your minor child:

Personal care
Financial care

Personal Care. If you predecease your ex-spouse, in most cases children will automatically go to your ex. If your instructions are put into a will, they will be followed. So if you have full custody of your minor child, and choose your first cousin to care for her in the event of your death, even if your ex is not proven incompetent, she will still go to your cousin. But you must make this legally clear!

Financial Care. A will lets you control your child’s financial life after you’re gone. You’ll need to be familiar with the following terms:

Custodianship: This allows the parent to designate who should control the child’s estate in the event of the parent’s death.
Testamentary Trust: This lets parents postpone payment to the child past 18 and outlines powers to the trustee in managing assets.
Minor’s Trust: This type of trust allows a parent to transfer money to the child up to the federal exemption limit each year without having to file a gift tax return.

You may find templates for these on the Internet, but that could be asking for trouble: these are complex, and in some cases, irrevocable decisions, and you’ll want a solution tailored to your specific needs. Even more important, a professional can decide what trusts are right for you and what might not be necessary in your situation.

Give a lawyer a call. They can take the guesswork out of a truly complicated situation because your child deserves the best of care, especially if you are no longer able to provide it.

February 13, 2021 by admin

Experienced Advocates: Whistleblower Lawyers You Can Trust

Whistleblowing attorneys understand your situation. You are a good employee, you work hard, and you play by the rules. Unfortunately, you have uncovered something at work that you know is wrong. You know you need to say something, but you are worried about retaliation. You do not want to lose your job, your friends, or all of the hard work you have put into your career. Lawyers understand that you may be worried that no one will believe you and that you will be left alone to figure out what to do. It is their job to listen and to help, though. They understand the difficult position you are in and are ready to use their experience and advocacy skills to help you lodge your complaint with confidentiality and sensitivity.

Attorneys Offer Experience

Lawyers have experience with all types of whistleblower claims such as those involving tax evasion, tax fraud, healthcare fraud, government contract fraud, abuse of non-profit status, Ponzi schemes, Qui Tam, insider trading, market manipulation, illegal kickbacks, and bribery, among others. A good attorney will be able to listen to the facts that you have learned and make a recommendation regarding whether your claim is ripe for reporting and the best way to file your report. Because they have significant experience in whistleblower law, they will also be able to make a sound recommendation for what you should do to protect yourself. This is particularly important if you have been involved in the misconduct yourself, if you have professional or ethical obligations for reporting, or if you are concerned about retaliation.

You Have an Advocate

Lawyers know how to help your report get the recognition it deserves. They know the proper channels and mechanisms for reporting and how to file your report so that you are able to get as much protection as possible. For example, they know how to help make sure that you remain anonymous, if possible under the specific reporting requirements applicable to your claims, and advocate for your ability to maintain your anonymity. If you cannot or do not remain anonymous, they also know how to make sure that you are protected from retaliation or employment discrimination under applicable law. Finally, if you are entitled to any of the proceeds recovered due to your reporting, an attorney is ready and able to make sure you receive your fair share for your hard work and sacrifice.

Contact an Attorney

If you have witnessed misconduct in your workplace, in your former workplace, or even misconduct by a non-employer, consider calling an experienced lawyer, like a whistleblower retaliation claims lawyer in Washington DC from Eric Siegel Law, today to find out more about what they may be able to do for you. You do not have to face uncertainty alone. Let an attorney listen to your story, take the burden from your shoulders, and give you real and honest advice about what you can do to right the wrong you have seen with as little personal sacrifice as possible.

February 12, 2021 by admin

Sasha Baron Cohen’s Borat movies are popular with fans of Cohen’s cringe-worthy satire

Sasha Baron Cohen’s Borat movies are popular with fans of Cohen’s cringe-worthy satire. They have also been popular targets for lawsuits. Baron Cohen and the producers of the two Borat films, Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan and Borat Subsequent Movie Film, have been sued at least seven times. In the movies, Baron Cohen plays Borat, a clueless and crude journalist from Kazakhstan. Baron Cohen lures unsuspecting subjects into embarrassing situations, as his Borat character pretends to be on a quest to learn about American culture. Several people, unhappy with their unflattering portrayals in the movies, have filed suit, claiming to have been tricked into unwittingly participating in the movies.

To date, the lawsuits have achieved only limited success. While Baron Cohen clearly does not warn his subjects that his intent is to embarrass them in a film that will be widely viewed in the United States, Baron Cohen does have his subjects sign a release before filming. Presumably, Baron Cohen allows his participants to have the impression that he is filming a documentary that will be shown in Kazakhstan, while the release allows Baron Cohen and his studios broad rights to use the footage.

Following the release of the first film in 2006, Baron Cohen and 20th Century Fox were sued by an Alabama etiquette coach, Kathie Martin, who accused Baron Cohen of “tricking her into being a part of a childish prank.” Martin, perhaps one of the more sympathetic plaintiffs in the lawsuits filed against Baron Cohen, engaged in a futile attempt to teach Borat Southern manners, only to bring Borat to a dinner party where he defecated into a plastic bag . Citing the language in the release signed by Martin, the Alabama Supreme Court dismissed the lawsuit, although one of the justices expressed sympathy for the fact that Martin had been exposed to “boorish and offensive” behavior.

Baron Cohen and 20th Century Fox were also sued following the first film by two University of South Carolina fraternity brothers after the movie showed the fraternity brothers making sexist and racist comments. Like Martin, the fraternity brothers claimed that they had been tricked into participating in the movie, contending they had been told that the film would not be shown in the United States. They also claimed that Baron Cohen took advantage of their intoxication. Again, this suit was dismissed based on the release language.

Some scenes in the first Borat movie were filmed in the village of Glod, Romania. For their appearance as extras in the film, villagers received $70 to $100 each, although some people received as little as three lei (the equivalent of $1.28 at the time). After learning of the success of the movie, villagers filed suit, seeking $83 million in damages. The lawsuit was dismissed in 2006 and again in 2008.

One lawsuit that achieved some success was filed by a Macedonian singer, Esma RedZepova, who alleged that one of her songs had been used in the movie without her permission. She sued for $800,000 but was awarded approximately $26,000.

The most poignant story about litigation arising out of the Borat movies involves a lawsuit filed by the daughter of a Holocaust survivor over her mother’s appearance in the 2020 sequel. In the movie, Borat interviews Holocaust survivor, Judith Dim Evans, and espouses anti-Semitic and Holocaust-denying views. Rather than reacting with justifiable anger, Evans tries to explain, with patience and kindness, why Borat’s views are wrong. It is one of the few instances in the Borat films where a participant in the film is portrayed favorably. Unfortunately, Evans passed away before the movie was released. Concerned that her mother was made to be the butt of one of Baron Cohen’s jokes, Evans’ daughter filed suit prior to the release of the film, contending that Baron Cohen and Amazon had misappropriated her mother’s likeness. In the suit, Evans’ daughter sought an injunction, requiring Amazon to remove Evans from the film. Ultimately, Baron Cohen, who has made combating Holocaust denial a personal cause, dedicated the movie to Evans. Baron Cohen also helped create a website in Evans’ honor and Amazon is developing bonus content for the film that will tell Evans’ Holocaust story. The lawsuit was dismissed.

If you believe you have a strong case for injury, find out more about your options by, contacting a personal injury lawyer in Sebastian, FL, like from Tuttle Law, as soon as possible.

January 25, 2021 by admin

Can My Employer Fire Me for Filing a Workers’ Compensation Claim?

The short answer to the title question is no. By law, your employer cannot fire you for filing a workers’ compensation claim. In fact, your employer cannot retaliate against you in any way for filing such a claim.

Covered Retaliatory Actions

Each state has its own work comp laws, rules and regulations. It also has its own laws regarding what constitutes employer retaliation. In general, however, your employer is prohibited from doing any of the following when you file a work comp claim:

Firing you
Discriminating against you
Harassing you
Punishing you
Demoting you
Cutting your pay
Changing your job responsibilities
Subjecting you to unwarranted disciplinary action

Keep in mind that one of your main employee rights is that of filing a workers’ compensation claim whenever you sustain an on-the-job injury or contract a work-related illness. In fact, in most states, this is your exclusive remedy for obtaining compensation for these types of injuries and illnesses. Consequently, your employer cannot interfere with this right.

Suing Your Employer

If you believe you have been the victim of retaliatory action after filing a work comp claim, you may have a valid discrimination case against your employer. Your wisest strategy is to consult with an experienced local workers’ compensation lawyer or employment discrimination lawyer. He or she can listen to your story, assess what happened when and advise you of whether you have an actionable complaint.

If you do, you will not necessarily need to prove at trial that your work comp claim was the sole reason why your employer retaliated against you. You will, however, likely need to prove that your employer’s actions against you were unfair, unjustified and not based on any legitimate business reason. One way to prove this is by presenting evidence showing that you were the only employee against whom your employer took the prohibited action(s).

Your employer, of course, has the right to dispute your allegations and present evidence of his or her own.

Possible Damages

If you win your lawsuit, you likely will recover any pay or benefits you lost because of your employer’s retaliatory action(s). Depending on the laws of your state, plus the facts of your case, you may also recover the following:

Pain and suffering damages
Punitive damages
Your attorney’s fees
Your litigation costs

Unfortunately, employer retaliation cases are quite complicated and usually take a long time to conclude. Your attorney can act not only as your guide throughout the process, but also as your champion. If you have questions about a workers compensation case contact a workers compensation attorney, like the offices of Hurwitz, Whitcher & Molloy, Attorneys at Law for a consultation.