Is your will as effective as it was twelve months ago? A multitude of life changes, including changes you may not be aware of, can make a small or large part of your will obsolete. As children or grandchildren grow, as life brings you moments of joy or sorrow, in short, as the activity of the seasons immerses you in the daily experience of life, it's easy to forget about how these changing times will affect your loved ones after you are gone. For this reason, it's a good idea to dedicate some time each year to review the specifics of your estate plan.
Changes in Your Family
If you are divorced or newly married, you probably already thought about the impact your new status has on your will. In some states, such changes render a will obsolete. Also, unlike children who can be disinherited, a spouse is legally entitled to a portion of your estate.
Children are disinherited for any number of reasons. Regardless of how much you love a child, that child's self-destructive behavior may lead you to omit him from your will. A specific statement of disinheritance will prevent any confusion about your intentions.
Changes in Your Wealth
A common change, unfortunately, in these economic times, is a decreased value in net worth. If the value of your assets has decreased in the past year, it may be cause to change your will.
Alternately, an increase in wealth may make your estate vulnerable to estate tax. A will can be crafted to minimize that tax burden on your estate.
Changes in Estate Laws
Estate tax laws change every few years. More often than not, these changes expose weaknesses in existing estate plans and increase tax liability. An attorney well-versed in estate planning is your best defense against exorbitant estate taxes.
Even though you wrote your will under careful consideration, your intentions may not be implemented or may change completely as your life continues to change. Make a yearly appointment with yourself to review your will and avoid the procrastination that you successfully overcame when you created it in the first place.
This article is not intended as legal advice or information.
Attorney Andrew M. Lamkin can consult with you to help you adapt your estate plan to meet the needs of your changing life.
Thursday, June 24, 2010
Common Causes of Car Accidents
Unless you live in the city, chances are that you or somebody you know owns a car. Owning a car means great responsibility, but also the chances of getting into an accident. There are many common reasons that accidents occur on the road, and all could have easily been avoided.
1. Drunk driving. In today's society, drinking is not only considered an acceptable part of life, but it is also encouraged. Some people may never want to stop consuming alcohol, bringing this habit to the roads. As a result, the driver is unable to think straight or function properly, and proves to be a real danger to others who come into contact with them. They may not be able to stay in their lane, or somehow feel that they must act wildly, thus crashing into another car or object. It is not surprising, then, that this would be a common problem.
2. Aggression on the road, also known as "road rage." For those who suffer from this problem, the need to show little or no regard for others is apparent. These are the drivers that speed through red lights, cut you off as you make a turn, yell and scream when traffic is not moving as fast as they would like, and so on. According to them, the law seldom applies to their automobile; it is everyone else who has to adhere. People of this nature should be avoided, or even reported if it reaches serious levels.
3. Lastly, drivers who are distracted can also be a hazard. Maybe they have decided that the highway is the perfect place to retouch their makeup. Or perhaps the scenery is so attractive they do not feel the need to keep an eye on the cars in front of them. Whatever it might be, when their thoughts and sights are elsewhere, that is where a car accident comes into fruition. Humans of this caliber should never be provoked, but they do need to learn how to take responsibility.
This article is not meant to be legal advice, and should not be treated as such.
Clients in the Long Island area should contact the Law Offices of Elan Wurtzel, P.C. after a car accident for legal guidance and assistance.
1. Drunk driving. In today's society, drinking is not only considered an acceptable part of life, but it is also encouraged. Some people may never want to stop consuming alcohol, bringing this habit to the roads. As a result, the driver is unable to think straight or function properly, and proves to be a real danger to others who come into contact with them. They may not be able to stay in their lane, or somehow feel that they must act wildly, thus crashing into another car or object. It is not surprising, then, that this would be a common problem.
2. Aggression on the road, also known as "road rage." For those who suffer from this problem, the need to show little or no regard for others is apparent. These are the drivers that speed through red lights, cut you off as you make a turn, yell and scream when traffic is not moving as fast as they would like, and so on. According to them, the law seldom applies to their automobile; it is everyone else who has to adhere. People of this nature should be avoided, or even reported if it reaches serious levels.
3. Lastly, drivers who are distracted can also be a hazard. Maybe they have decided that the highway is the perfect place to retouch their makeup. Or perhaps the scenery is so attractive they do not feel the need to keep an eye on the cars in front of them. Whatever it might be, when their thoughts and sights are elsewhere, that is where a car accident comes into fruition. Humans of this caliber should never be provoked, but they do need to learn how to take responsibility.
This article is not meant to be legal advice, and should not be treated as such.
Clients in the Long Island area should contact the Law Offices of Elan Wurtzel, P.C. after a car accident for legal guidance and assistance.
Sunday, May 30, 2010
Common Types of Workers Compensation Claims
There are several types of workers compensation that can be paid out after filing a claim. The individual’s eligibility is determined by numerous factors, such as when and where the injury occurred, the extent of the injury suffered, and other related information. Below are descriptions of the most common types of workers compensation claims filed.
Temporary Total Disability Compensation
Individuals file these claims when an injury on the job prevents them from performing their job duties, or any other job while injured. This claim is considered a “temporary” total disability because the individual plans to recover from the injury and return to work. The individual will continue to receive workers compensation until a physician has deemed them ready to return to work. Each claim is unique, and conditions apply regarding the pay rate and length of compensation for each claim.
Wage Loss Compensation
There are two forms of wage loss compensation; working wage loss and non-working wage loss. Working wage loss claims apply to individuals who suffer an injury while on the job and can return to work, but must accept a position that pays lower wages due to the medical restrictions resulting from the injury. Workers compensation will then pay a portion of the difference in wages lost. In non-working claims, an individual who suffers an on the job injury resulting in medical restrictions who cannot secure employment within their restrictions can file for workers compensation.
Permanent Total Disability Compensation
On the job injuries that prevent an individual from returning to employment in any capacity are considered permanent total disability claims. The injured party must provide evidence from physicians and/or psychologists that their medical condition resulting from the work injury has permanently restricted them from returning to the workforce.
Death Benefits
If an employee dies as a result of a work related injury, or dies from a medical condition addressed in a previous workers compensation claim, the dependents of the deceased are entitled to receive compensation in the form of death benefits.
Information in this article is provided for reference only and should not be taken as legal advice.
For more information on workers compensation claims, visit the law offices of Shavitz Law Group in Boca Raton, Florida.
Temporary Total Disability Compensation
Individuals file these claims when an injury on the job prevents them from performing their job duties, or any other job while injured. This claim is considered a “temporary” total disability because the individual plans to recover from the injury and return to work. The individual will continue to receive workers compensation until a physician has deemed them ready to return to work. Each claim is unique, and conditions apply regarding the pay rate and length of compensation for each claim.
Wage Loss Compensation
There are two forms of wage loss compensation; working wage loss and non-working wage loss. Working wage loss claims apply to individuals who suffer an injury while on the job and can return to work, but must accept a position that pays lower wages due to the medical restrictions resulting from the injury. Workers compensation will then pay a portion of the difference in wages lost. In non-working claims, an individual who suffers an on the job injury resulting in medical restrictions who cannot secure employment within their restrictions can file for workers compensation.
Permanent Total Disability Compensation
On the job injuries that prevent an individual from returning to employment in any capacity are considered permanent total disability claims. The injured party must provide evidence from physicians and/or psychologists that their medical condition resulting from the work injury has permanently restricted them from returning to the workforce.
Death Benefits
If an employee dies as a result of a work related injury, or dies from a medical condition addressed in a previous workers compensation claim, the dependents of the deceased are entitled to receive compensation in the form of death benefits.
Information in this article is provided for reference only and should not be taken as legal advice.
For more information on workers compensation claims, visit the law offices of Shavitz Law Group in Boca Raton, Florida.
Restraining Orders
On the most basic level, a restraining order is that type of injunction or court order that prohibits a defendant from doing certain things to a plaintiff.
Temporary Restraining Orders
Restraining orders, and particularly the temporary restraining orders ("TRO") granted on an ex parte basis without the defendant having to appear in court, are primarily used in cases of domestic violence but are also relevant to cases involving physical or sexual abuse, stalking and even corporate espionage. Although every state offers the relief a restraining order provides, exactly how the plaintiff will go about obtaining the order and exactly what the order can forbid the defendant from doing will differ from state to state.
Content of TRO
Although each restraining order will have the same basic function, a specific order's content will be unique and will depend on the situation the plaintiff is trying to control. The most common provisions found in restraining orders include those for keeping the defendant away from the plaintiff (the "stay away" clauses), those for ordering the defendant to stop hurting the plaintiff (the "cease abuse" clauses) and those for ordering the defendant not to get in touch with the plaintiff (the "no contact" clauses). Restraining orders can, however, be extremely versatile and can also include provisions regulating matters like monetary support payments, child visitation rights and exclusive use situations.
Granting TRO
A TRO is almost always granted upon a plaintiff's initial application to court as the order's primary objective is to safeguard the plaintiff. It's possible that the defendant will not even be aware of the initial court application, but he or she will be given ample opportunity to state their case at the hearing that will be scheduled to determine whether the TRO should be made permanent. During this hearing, and after review of all applicable evidence, the judge will decide whether to finalize the temporary order.
Although restraining orders are necessary legal tools, they are, unfortunately, open to abuse during the prosecution of contentious divorce cases.
This article is not, and is not intended to be, legal advice, and the information given therein should not be relied upon as such.
If you are in need of legal advice regarding restraining orders, contact the attorneys at Will & Will Law Firm.
Temporary Restraining Orders
Restraining orders, and particularly the temporary restraining orders ("TRO") granted on an ex parte basis without the defendant having to appear in court, are primarily used in cases of domestic violence but are also relevant to cases involving physical or sexual abuse, stalking and even corporate espionage. Although every state offers the relief a restraining order provides, exactly how the plaintiff will go about obtaining the order and exactly what the order can forbid the defendant from doing will differ from state to state.
Content of TRO
Although each restraining order will have the same basic function, a specific order's content will be unique and will depend on the situation the plaintiff is trying to control. The most common provisions found in restraining orders include those for keeping the defendant away from the plaintiff (the "stay away" clauses), those for ordering the defendant to stop hurting the plaintiff (the "cease abuse" clauses) and those for ordering the defendant not to get in touch with the plaintiff (the "no contact" clauses). Restraining orders can, however, be extremely versatile and can also include provisions regulating matters like monetary support payments, child visitation rights and exclusive use situations.
Granting TRO
A TRO is almost always granted upon a plaintiff's initial application to court as the order's primary objective is to safeguard the plaintiff. It's possible that the defendant will not even be aware of the initial court application, but he or she will be given ample opportunity to state their case at the hearing that will be scheduled to determine whether the TRO should be made permanent. During this hearing, and after review of all applicable evidence, the judge will decide whether to finalize the temporary order.
Although restraining orders are necessary legal tools, they are, unfortunately, open to abuse during the prosecution of contentious divorce cases.
This article is not, and is not intended to be, legal advice, and the information given therein should not be relied upon as such.
If you are in need of legal advice regarding restraining orders, contact the attorneys at Will & Will Law Firm.
Preventing Slip and Fall Accidents
Many of us take a tumble every now and then. It is usually somewhat embarrassing and after catching our breath we get up and move on. Some slips and falls of course can result in serious injury. There are many things we can do to prevent the likelihood of slipping and falling, but there are other times when someone else has not taken enough responsibility and can be found negligent. Spills in the supermarket that haven’t been cleaned up in a timely manner, loose carpeting at the office or an over-diligent cleaning agency that uses super slippery polish can all cause us to topple over when it’s not our fault.
Under those circumstances it is well worth consulting a lawyer and suing for personal injury. You may have medical bills to cover and have to have time off work. Prevention is always better than cure though so think about the ways you can avoid slipping and falling becoming a habit.
Sensible footwear is one of the biggest things you can do to protect your self. Well designed soles that are made to grip are going to get you through those slippery floors better than soles that are slippery themselves. Even high heels can come with non-slip soles. You need to take extra care in high heels too, especially in bad weather.
You can use non – slip flooring in your own home. If you work in an office you might like to suggest the same thing. Non slip matting is great if you have elderly people at home too.
Keep stairs, paths and driveways clean and clear during all seasons. Ice can be treacherous and slime can build up quickly on paths and wooden stairs. Use non-slip paint on any wooden decking and consider getting non-slip edges for staircases. Use handrails when ascending and descending stairs.
Make sure ladders, chairs or anything else you need to climb on are good and sturdy before taking your feet off the floor. Sure, you might be able to sue your company for having a rickety stepladder, but is it worth the broken arm? It only takes a minute to check things over.
Keep an eye on your pets. Cats especially are notorious for getting under your feet and many a person has found themselves in hospital after tripping over their beloved moggy. If your cat is a nuisance in the kitchen, either put her outside or hold her when you need to move around. The same thing goes for small and not so small dogs.
De-clutter your house and your work area. Even small things on the floor can cause you to stumble, and the less clutter there is the more likely you are to notice something there that doesn’t belong.
Everyone will take a fall at some stage and injure themselves, but we can reduce that risk with a little fore-thought. Make looking at the ground as much a part of your routine as looking in your car mirror. That way you might not miss that broken bit of concrete on the pavement.
Slip and fall attorneys can help you deal with your personal injury lawsuit.
Under those circumstances it is well worth consulting a lawyer and suing for personal injury. You may have medical bills to cover and have to have time off work. Prevention is always better than cure though so think about the ways you can avoid slipping and falling becoming a habit.
Sensible footwear is one of the biggest things you can do to protect your self. Well designed soles that are made to grip are going to get you through those slippery floors better than soles that are slippery themselves. Even high heels can come with non-slip soles. You need to take extra care in high heels too, especially in bad weather.
You can use non – slip flooring in your own home. If you work in an office you might like to suggest the same thing. Non slip matting is great if you have elderly people at home too.
Keep stairs, paths and driveways clean and clear during all seasons. Ice can be treacherous and slime can build up quickly on paths and wooden stairs. Use non-slip paint on any wooden decking and consider getting non-slip edges for staircases. Use handrails when ascending and descending stairs.
Make sure ladders, chairs or anything else you need to climb on are good and sturdy before taking your feet off the floor. Sure, you might be able to sue your company for having a rickety stepladder, but is it worth the broken arm? It only takes a minute to check things over.
Keep an eye on your pets. Cats especially are notorious for getting under your feet and many a person has found themselves in hospital after tripping over their beloved moggy. If your cat is a nuisance in the kitchen, either put her outside or hold her when you need to move around. The same thing goes for small and not so small dogs.
De-clutter your house and your work area. Even small things on the floor can cause you to stumble, and the less clutter there is the more likely you are to notice something there that doesn’t belong.
Everyone will take a fall at some stage and injure themselves, but we can reduce that risk with a little fore-thought. Make looking at the ground as much a part of your routine as looking in your car mirror. That way you might not miss that broken bit of concrete on the pavement.
Slip and fall attorneys can help you deal with your personal injury lawsuit.
What is a Breach of Fiduciary Duty?
There are many ways that the law protects against the actions of others. The law demands that each person has the right to trust the safety of their person, their belongings and their finances. This forces those in a decision making position to always act in the best interest of others and punishes any breach of their fiduciary duty. The responsibility of fiduciary duty is significant and has the ability to greatly impact the lives and futures of many.
Fiduciary Duty Defined
Fiduciary duty is an obligation to act in the best interest of another person or group. It is based on an agreement between two or more parties. The agreement includes the handing over of trust and responsibility from one person to another. This trust requires the trustee to use all of his knowledge and skills while working diligently to accomplish the goals of his client. The law considers this relationship legally binding and forbids any violations of this trust.
Who Is On Duty?
There are many positions whose daily job is to uphold the trust of others. In areas like corporations, financial institutions and court rooms, people place their futures in hands of trained and responsible individuals. Board members are expected to act in the best interest of the corporate shareholders. Financial advisers and trustees are expected to manage financial decisions and monetary exchanges. Lawyers are asked to support their client's rights and legal goals. Anywhere there is an agreement based on trust and responsibility there is a legally enforced duty to act accordingly.
Fiduciary duty is a legal and moral contract to act with care and diligence. The law understands that trust is very valuable and the lack of it can change lives forever. It demands that the trustee always follow through on his obligations. A breach in fiduciary duty negatively affects another person's life and future. The law does not tolerate it and acts quickly to punish these violators of trust.
Contact the Florida Probate Attorney for more information on fiduciary duty.
Texas DWI Laws
In the state of Texas, law prohibits drivers from operating a motor vehicle when the individual’s blood alcohol concentration (BAC) is at or above .08 percent. Drivers of commercial vehicles must comply with the reduced legal limit of .04% BAC, and drivers under the age of 21 are limited to .02% BAC. Texas drivers may also face Driving While Intoxicated (DWI) charges if found driving under the influence of controlled substances, like marijuana, cocaine, methamphetamines, or other intoxicants. When issued a driver’s license in Texas, all drivers imply consent to chemical tests to determine to presence of alcohol or drugs when driving.
First Offense
Steep penalties exist for Texas drivers convicted of DWI. First time offenders will be fined up to $2,000 and face from 3 to 180 days in jail. The state will also suspend the driver’s license of first time offenders from 90 days up to one year. Punitive and monetary penalties increase if a child is present in the vehicle or if the driver is found with a BAC level over .16 percent.
Second Offense
Offenders receiving a second DWI conviction face from 30 days to one year in jail and a fine that could reach $4,000. Texas can suspend the driver’s license of individuals with two DWI convictions from 180 days up to two years. The state can also require drivers to pay for an Ignition Interlock Device to be installed in their vehicle. This device requires drivers to breath into it, preventing the vehicle from starting if alcohol is detected. Penalties are also increased if a child is present or if a BAC level of .16% is detected.
Third Offense
Drivers convicted of a third DWI offense in the state of Texas are considered felony offenders, and face a mandatory jail sentence of 2 to 10 years and a fine up to $10,000. The individual’s driver’s license can then be suspended up to two additional years, and the driver will be required to pay for an ignition interlock device to be installed in their vehicle.
This article does not provide legal advice and should only be used as a reference tool.
Legal Resource: Dallas Justice, practicing DUI/DWI law in Dallas.
Wednesday, March 24, 2010
The Responsibilities of a Truck Driver in an Accident
Driving a truck can be an interesting and rewarding career, but like any other it certainly has its own concerns. That low bridge that no one told you about can spell disaster, and of course treacherous road conditions are even more dangerous for a big rig.
Even the best driver may be in an accident at one point in time. If this were to happen to you, what are your responsibilities after an accident? Are you always liable in such cases? How do you protect your own interests?
Keeping the Rig Safe
In all areas, it is the responsibility of the truck driver to make sure his or her rig is safe before heading out onto the road. Failure to do so can increase the driver's liability in an accident, if an unsafe rig is to blame for that accident.
In some areas a driver can face, not just civil penalties, but even criminal penalties as well. This is why it's imperative for a driver to never neglect safety of their rig even for just one load.
Safe Driving
Driving while drowsy is a risk factor for many truck drivers, and in most areas drivers are required to go through instruction about the dangers of not being physically able to drive. A driver that falls asleep behind the wheel or causes an accident because of their own unsafe driving practices may be even more liable than a typical car driver, since they pose such added danger.
And while it rarely is a factor in truck accidents, of course a truck driver needs to avoid the use of alcohol or drugs while behind the wheel. This too may lead to not just civil but also criminal penalties if there is an accident.
In no case however should any liability be assumed by either the truck driver or anyone else involved in the accident. Accidents can and should be investigated thoroughly and all parties have the right to have legal representation in any case. It should never be assumed that a truck is at fault when there has been an accident, and a car driver should never assume that the truck driver's liability is the same as their own. This article is not meant to replace legal advice from an attorney.
Learn more from about truck accidents at www.wurtzellaw.com the site of Attorney Elan Wurtzel of Plainview, New York.
Even the best driver may be in an accident at one point in time. If this were to happen to you, what are your responsibilities after an accident? Are you always liable in such cases? How do you protect your own interests?
Keeping the Rig Safe
In all areas, it is the responsibility of the truck driver to make sure his or her rig is safe before heading out onto the road. Failure to do so can increase the driver's liability in an accident, if an unsafe rig is to blame for that accident.
In some areas a driver can face, not just civil penalties, but even criminal penalties as well. This is why it's imperative for a driver to never neglect safety of their rig even for just one load.
Safe Driving
Driving while drowsy is a risk factor for many truck drivers, and in most areas drivers are required to go through instruction about the dangers of not being physically able to drive. A driver that falls asleep behind the wheel or causes an accident because of their own unsafe driving practices may be even more liable than a typical car driver, since they pose such added danger.
And while it rarely is a factor in truck accidents, of course a truck driver needs to avoid the use of alcohol or drugs while behind the wheel. This too may lead to not just civil but also criminal penalties if there is an accident.
In no case however should any liability be assumed by either the truck driver or anyone else involved in the accident. Accidents can and should be investigated thoroughly and all parties have the right to have legal representation in any case. It should never be assumed that a truck is at fault when there has been an accident, and a car driver should never assume that the truck driver's liability is the same as their own. This article is not meant to replace legal advice from an attorney.
Learn more from about truck accidents at www.wurtzellaw.com the site of Attorney Elan Wurtzel of Plainview, New York.
Florida Law on Dog Bite Injuries
Under Florida law, if your dog inflicts injury on a person, then you as owner of the dog are liable for that person’s injuries. This includes situations where your dog bites the person in a public place or in a private venue where the person was legally allowed to be (such as your home if you invited the person in). You will be held liable regardless of whether you knew the dog could act viciously based on past experience or even if your dog has never bitten anyone in the past.
Reduced Liability
However, your liability maybe reduced if the person who was bitten contributed in some way to the incident (such as goading the dog or frightening the dog unnecessarily) or if you as owner of the dog had displayed a sign in a prominent place stating that there was a ‘Bad Dog’ on the premises. If that sign is easily readable and includes the words ‘Bad Dog’, then you will usually not be held liable for any injury caused by your dog, unless your own negligence contributed to the person being bitten or if the person bitten was a child under six years old.
Common Law Liability
As well as being found liable for a dog bite injury under Florida law, you may also be held liable under the Common Law. For a person to recover compensation under the Common Law they will need to prove that you were negligent as the dog owner and your negligence led to the person being bitten and injured.
This article is not legal advice and not intended as legal advice. If you would like more information on personal injury caused by dog bites then visit http://www.jodatlawgroup.com with personal injuries serving clients in Tampa, Florida.
Reduced Liability
However, your liability maybe reduced if the person who was bitten contributed in some way to the incident (such as goading the dog or frightening the dog unnecessarily) or if you as owner of the dog had displayed a sign in a prominent place stating that there was a ‘Bad Dog’ on the premises. If that sign is easily readable and includes the words ‘Bad Dog’, then you will usually not be held liable for any injury caused by your dog, unless your own negligence contributed to the person being bitten or if the person bitten was a child under six years old.
Common Law Liability
As well as being found liable for a dog bite injury under Florida law, you may also be held liable under the Common Law. For a person to recover compensation under the Common Law they will need to prove that you were negligent as the dog owner and your negligence led to the person being bitten and injured.
This article is not legal advice and not intended as legal advice. If you would like more information on personal injury caused by dog bites then visit http://www.jodatlawgroup.com with personal injuries serving clients in Tampa, Florida.
Floor Mat Defects Can Cause Death and Serious Injury
In August 2009 a father, his wife, daughter and brother in law, were all killed when he was unable to stop the Toyota car he was traveling because the accelerator pedal had been jammed to the floor by the vehicle’s floor mat.
Toyota recalled 4.2 million Toyota and Lexus cars back in November 2009 following this incident, citing the possibility that the floor mat could catch the accelerator pedal and cause the vehicle to accelerate to high speeds, regardless of whether the driver pressed the brakes. A month or two later and Toyota issued a further recall notice for another 1.1 million cars. Toyota declared that their vehicles had no unintended acceleration issues and that the vehicles themselves were not defective, but that incorrectly fitted floor mats or floor mats of the wrong size could interfere with the accelerator pedal and make it stick.
>The National Highway and Traffic Safety Administration (NHTSA) said it had received over 50 reports about defective floor mats in one particular type of vehicle and that a number of these incidents had led to crashes. And according to the federal government figures, just over a 100 drivers have reported cases of the accelerator pedal becoming jammed due to a problem with the floor mat. In a government statement this defect was cited as the cause of thirteen crashes and five deaths.
Any defect that causes the accelerator pedal to be come stuck down can lead to serious personal injury and even wrongful death. If a motorist cannot stop a car accelerating out of control, then there is a very high chance the vehicle will end up colliding with another vehicle, hurtling off the road of hitting some other stationary object. And with the vehicle traveling at high speeds, the occupants of the car are likely to suffer horrendous injuries on impact.
This article is for informational purposes only and not legal advice.
Further Legal Information: If you would like to know more about claiming for personal injury caused by a defective product please visit the attorneys at The Barber Law Firm. Serving clients in the Dallas, Texas area.
Toyota recalled 4.2 million Toyota and Lexus cars back in November 2009 following this incident, citing the possibility that the floor mat could catch the accelerator pedal and cause the vehicle to accelerate to high speeds, regardless of whether the driver pressed the brakes. A month or two later and Toyota issued a further recall notice for another 1.1 million cars. Toyota declared that their vehicles had no unintended acceleration issues and that the vehicles themselves were not defective, but that incorrectly fitted floor mats or floor mats of the wrong size could interfere with the accelerator pedal and make it stick.
>The National Highway and Traffic Safety Administration (NHTSA) said it had received over 50 reports about defective floor mats in one particular type of vehicle and that a number of these incidents had led to crashes. And according to the federal government figures, just over a 100 drivers have reported cases of the accelerator pedal becoming jammed due to a problem with the floor mat. In a government statement this defect was cited as the cause of thirteen crashes and five deaths.
Any defect that causes the accelerator pedal to be come stuck down can lead to serious personal injury and even wrongful death. If a motorist cannot stop a car accelerating out of control, then there is a very high chance the vehicle will end up colliding with another vehicle, hurtling off the road of hitting some other stationary object. And with the vehicle traveling at high speeds, the occupants of the car are likely to suffer horrendous injuries on impact.
This article is for informational purposes only and not legal advice.
Further Legal Information: If you would like to know more about claiming for personal injury caused by a defective product please visit the attorneys at The Barber Law Firm. Serving clients in the Dallas, Texas area.
Saturday, March 20, 2010
Traumatic Brain Injury
TBI, which stands for traumatic brain injury is caused by a brutal physical force that affects the brain and results to a weakened or altered state of consciousness. The force initiates the movement of the brain within the skull and occasionally causes the skull to break and directly inflicts harm to the brain. Bruising, tearing and inflammation can be due to the brain’s rotation against the skull. Our brain plays a major role in controlling processes involving thought, movement and other significant parts of our emotional and physical comfort and welfare.
Effects of Brain Injury
The injury to any area of the brain can be critical and can further cause the following: headaches, permanent disability, memory loss, loss of the sense of taste or smell, double vision, speech impairments, seizures, anxiety, behavior problems and depression. In some cases the impairment of memory in TBI victims lead to a loss of self and identity. Vehicular accidents, falls, violent actions and sports injuries are the most common causes of TBI.
Types of Head Injuries
Head injuries can be categorized as Diffuse Axonal Injuries, Concussions, Coup-Contrecoup, Recurrent Traumatic Brain Injury, Penetration Injuries and Comas.
• Diffuse Axonal Injuries
- Caused by the shaking or strong rotation of the head.
• Concussions
- Caused by brain experiences trauma due to an impact or violent alteration in movement or momentum.
• Coup-Contrecoup
- Bruises that happens when the brain is smashed into the opposite side of the skull. The bruises appear on both the side of an impact and on the side of the brain directly opposite to the impact.
• Recurrent Traumatic Brain Injury
- Also known as Second Impact Syndrome, Recurrent Traumatic Brain Injury, happens before a previous traumatic brain injury heals.
• Penetration Injuries
- Happens when a bullet, knife or other sharp object forces hair, skin and bone to enter the brain.
• Comas
- These are extended periods of unconsciousness where awareness of self or the environment is absent.
Approximately 5.3 million Americans suffer disabilities because of traumatic brain injuries, according to the Centers for Disease Control and Prevention.
This article is not a legal advice.
Kenneth J. Allen Associates serve clients looking for more information concerning brain injury proceedings. Business office serving in Illinois and Indiana.
Dealing with a Personal Injury Case
Consequences of Personal Injury
The law refers to physical, psychological and emotional injury as personal injury, and not injury to property. “Personal injury” is commonly used to imply a kind of tort lawsuit asserting that the plaintiff’s injury is due to the negligence of another. Negligence, also known as civil wrong, is a kind of tort. “Negligence” and “carelessness” are not synonymous because a person could have applied as much care as he is able to but can still fall short of the level of competence demanded of him. It is the reverse of “diligence.” In the main it can be defined as a behavior which is liable because it lacks what a rational person would do to save another individual from anticipated threats of harm. This includes several types of accidents such as traffic accidents, work accidents, home accidents, holiday accidents as well as assault claims and product liability. Medical and dental accidents which are prevalent are also taken in the term personal injury, including conditions usually categorized as industrial disease cases such as asbestosis and mesothelioma, respiratory diseases such as emphysema, pneumoconiosis and chronic obstructive airways disease among others, occupational deafness, vibration white finger, occupational stress, repetitive strain injury cases and contact dermatitis.
If the charged party is convicted, then he will be required to give monetary compensation to the other party. The system is considered complicated and controversial in the
Getting a Lawyer
In most cases, attorneys stand for clients on a “contingency basis” wherein the payment for the attorney is taken as a percentage of the compensation that the plaintiff will receive when the case is determined. Generally, getting a lawyer is very essential especially in more complicated cases such as medical malpractice cases.
The Conditional Fee Agreement (CFA) agreed upon a client and a law firm stresses that if the client does not win the case, then the firm will not receive payment. In a personal injury claim, this will allow the lawyer to handle the case knowing that if they lose, the client is not accountable to pay a lawyer’s fee. On the other hand, if the lawyer succeeds to settle the case on their favor, then he is expected to get an uplift called a success fee in addition to his agreed fee. The law indicates that the success fee should not be a hundred percent greater that the lawyer’s agreed fee.
This article is not a legal advice.
Have you suffered the effects of personal injury? Contact Justice for All Kelly / Uustal for more information about accident injury legal implications. Business office serving in
The Steps of the Probate Process
Not all properties undergo the probate process after the owner’s death. This category of properties include joint bank accounts that carry the tag of right of survivorship, bank accounts with named beneficiaries or those that are payable upon death to a particular person. These properties are passed on contractually.
Other properties that are specifically designed to evade probate are those held in living trusts. Proof through legal documents has to be provided by the executor of the estate. Living trusts are set up in one’s lifetime for various reasons. These may include regulation of asset use in case of owner’s incapacitation, ensuring financial security, tax reduction and for savings.
Stages of Probate Process
The probate process has several stages. The deceased’s property is recorded in an inventory and rounded up. He/she takes care of taxes and debts. These may include taxes payable as estate tax. This may be done at the federal or state level. Property remaining after this is then distributed as per the will or according to the intestacy laws of that particular state.
Challenges
The probate administration may attract a few legal challenges from different quarters. These may include challenge as concerns the will validity, challenge with respect to the executors’ status, identity of the heirs may also be a contentious issue. The manner in which the will or intestacy laws were executed may also present a challenge especially if the beneficiaries are not satisfied. Paternity of the heirs may also be a challenge though there are cases where non biological heirs prevailed over biological heirs. The paternity issue might however prove to be a very easy nut to crack with DNA technology widely available.
The executor must understand the importance of carrying out his or her fiduciary duties to the letter and as interpreted by the law. These may include simple instructions such as ensuring money is banked in an interest accruing account and specifically using the interest accrued for its stated purpose. Failure to disregard any duty on his or her part may result in his or her removal by interested parties through petitions filed in court.
For more information: The Law Offices of Adrian Philip Thomas P. A. can provide more information about real estate litigation. Business office serving in
Saturday, February 27, 2010
Probate Guardianship
A guardianship may be established once the court determines that the beneficiary of a deceased person’s estate is not of legal age or is incapacitated because of a mental illness or physical impairment.
Generally, there are two types of Probate Guardianship, the Probate Guardianship of the Person and Probate Guardianship of the Estate.
Guardianship of the Person
A Guardianship of the Person is established once it is determined that the person living with the child is not their parent. A Probate Guardianship of the Persons grants full physical and legal rights over the child.
Basically, the designated guardian has the same role and responsibilities of a parent. They are tasked with the child’s care which includes the physical, educational and emotional needs of the child. A Probate Guardianship of a person is usually terminated when the child reaches legal age and is able to determine their future.
Guardianship of the Estate
A Guardian of the Estate is mainly responsible for overseeing all transactions with regards to assets or properties awarded to beneficiaries under legal age. In general cases, the surviving parent is given guardianship over their children by the Court. Guardians are responsible for providing funding and making available assets to assist the child.
In most cases, the responsibilities of the Guardian of the Estate and Guardian of the person are awarded to one person. In some instances, the two duties are given to separate individuals.
Temporary Guardianship
In special cases like life threatening emergencies, a person may seek Temporary Guardianship. Applications for Temporary Guardianship in court are done expeditiously due to their emergency nature. If granted, the individual is given the authority over the child’s well being and access to all funds available.
There are no “Permanent Guardianships,” all guardianships are terminated once the child reaches legal age or an incapacitated person is able to regain full mental control and functions. Guardianships may also be terminated once a court nulls its validity and awards it to another guardian.
Additional websites for Probate Law: Attorney Adrian Philip Thomas serving clients in Fort Lauderdale.
Generally, there are two types of Probate Guardianship, the Probate Guardianship of the Person and Probate Guardianship of the Estate.
Guardianship of the Person
A Guardianship of the Person is established once it is determined that the person living with the child is not their parent. A Probate Guardianship of the Persons grants full physical and legal rights over the child.
Basically, the designated guardian has the same role and responsibilities of a parent. They are tasked with the child’s care which includes the physical, educational and emotional needs of the child. A Probate Guardianship of a person is usually terminated when the child reaches legal age and is able to determine their future.
Guardianship of the Estate
A Guardian of the Estate is mainly responsible for overseeing all transactions with regards to assets or properties awarded to beneficiaries under legal age. In general cases, the surviving parent is given guardianship over their children by the Court. Guardians are responsible for providing funding and making available assets to assist the child.
In most cases, the responsibilities of the Guardian of the Estate and Guardian of the person are awarded to one person. In some instances, the two duties are given to separate individuals.
Temporary Guardianship
In special cases like life threatening emergencies, a person may seek Temporary Guardianship. Applications for Temporary Guardianship in court are done expeditiously due to their emergency nature. If granted, the individual is given the authority over the child’s well being and access to all funds available.
There are no “Permanent Guardianships,” all guardianships are terminated once the child reaches legal age or an incapacitated person is able to regain full mental control and functions. Guardianships may also be terminated once a court nulls its validity and awards it to another guardian.
Additional websites for Probate Law: Attorney Adrian Philip Thomas serving clients in Fort Lauderdale.
Preventing Nursing Home Abuse
One of the nation’s greatest challenges today is the extremely high incidence of nursing home abuse. It is an unfortunate but prevalent reality of our current care system. Although some nursing homes provide good care to the elders, others are subject to home abuse that range from serious physical injuries, emotional abuse, sexual exploitation and neglect. The issue of nursing home abuse can be prevented by addressing the reasons behind it.
Causes of Nursing Home Abuse
· Understaffed nursing homes - Inadequate staffing is a major cause of nursing home abuse.
· Underpaid employees
· Under qualified employees
· Overworked employees
· Caregiver Stress
· Caregiver Frustration
How to Prevent Nursing Home Abuse
According to the National Center on Elder Abuse, strategies should be used to prevent abuse in nursing homes:
· Improving work conditions in nursing homes- this can be achieved through adequate staffing, humane salaries, enhanced communication between direct care and administrative staff, allowing more time to nurture relationships between staff and residents, opportunities for upward mobility, and greater recognition, respect and understanding for the workers.
· Proper screening of prospective employees must be conducted when hiring employees. Check for criminal backgrounds, history of substance abuse and domestic violence, their feelings about caring for the elderly, reactions to abusive residents, work ethics, and their ability to manage anger and stress.
· Support training and education in interpersonal caregiver skills, managing difficult resident care situations, problem-solving, cultural issues that affect staff/ resident relationships, conflict resolution, stress reduction techniques, information about dementia, and witnessing and reporting abuse.
· Enforcing stricter mandatory reporting of abuse.
· Assure coordination between the law enforcement, regulatory, adult protection, and nursing home advocacy groups.
· Assure compliance with federal requirements concerning hiring of abusive nurses and nursing aides.
· Promoting a working environment conducive to good care.
· Improving support groups for nurses and nursing aides.
Nursing homes should implement these strategies in order to eliminate unnecessary death, injury, and illness that affect our elders and continue to plague our nation.
If you or someone you love is a victim of nursing home abuse, you must immediately report the incident to the authorities and you should seek the help of a qualified attorney with expertise in this area. This information is not intended to replace legal advice.
Click here to learn more about personal injury in nursing homes. Bloom Legal in Louisiana can help you defend and protect your loved ones.
Causes of Nursing Home Abuse
· Understaffed nursing homes - Inadequate staffing is a major cause of nursing home abuse.
· Underpaid employees
· Under qualified employees
· Overworked employees
· Caregiver Stress
· Caregiver Frustration
How to Prevent Nursing Home Abuse
According to the National Center on Elder Abuse, strategies should be used to prevent abuse in nursing homes:
· Improving work conditions in nursing homes- this can be achieved through adequate staffing, humane salaries, enhanced communication between direct care and administrative staff, allowing more time to nurture relationships between staff and residents, opportunities for upward mobility, and greater recognition, respect and understanding for the workers.
· Proper screening of prospective employees must be conducted when hiring employees. Check for criminal backgrounds, history of substance abuse and domestic violence, their feelings about caring for the elderly, reactions to abusive residents, work ethics, and their ability to manage anger and stress.
· Support training and education in interpersonal caregiver skills, managing difficult resident care situations, problem-solving, cultural issues that affect staff/ resident relationships, conflict resolution, stress reduction techniques, information about dementia, and witnessing and reporting abuse.
· Enforcing stricter mandatory reporting of abuse.
· Assure coordination between the law enforcement, regulatory, adult protection, and nursing home advocacy groups.
· Assure compliance with federal requirements concerning hiring of abusive nurses and nursing aides.
· Promoting a working environment conducive to good care.
· Improving support groups for nurses and nursing aides.
Nursing homes should implement these strategies in order to eliminate unnecessary death, injury, and illness that affect our elders and continue to plague our nation.
If you or someone you love is a victim of nursing home abuse, you must immediately report the incident to the authorities and you should seek the help of a qualified attorney with expertise in this area. This information is not intended to replace legal advice.
Click here to learn more about personal injury in nursing homes. Bloom Legal in Louisiana can help you defend and protect your loved ones.
Friday, February 26, 2010
Weight Law and Truck Accidents
Truck drivers are required to obey many more laws than the average car driver. This is because they are operating the largest vehicles on the road and can cause the most damage. A truck accident is often fatal and can cause much more injuries than a car accident.
One of the important regulations that truck drivers must follow pertains to weight limits. A truck that is over weight can cause many problems and accidents. Federal and local agencies have developed formulas regarding how much weight a truck can safely carry. This is one of the most important rules that new truck drivers learn.
When a truck is overweight it can damage the roads. Roads that were built to carry passenger cars cannot withstand the heavy tonnage of a large commercial truck. This is why many municipalities restrict trucks from their residential streets. They do not want trucks taking shortcuts through the town and tearing up roads that the local tax payers will have to rebuild.
A truck that is overweight can also be a hazard out on the road. A heavy load can shift and make the truck uncontrollable. It can throw the truck’s balance off as it climbs hills or goes around curves. The weighted down truck will also damage the highway surface, creating potholes and other hazards.
One of the most dangerous spots for an overweight truck is on a bridge. The US Dept. of Transportation came up with a rule regulating truck weight. Called the Federal Bridge Gross Weight Formula, it is also known as Bridge Formula B. It is a mathematical formula that calculates the appropriate maximum gross weight for a commercial truck. Some factors that determine it are axle spacing and truck length. The regulation is part of the federal interstate commercial traffic code.
The purpose of Bridge Formula B is to keep heavy trucks from damaging bridges and other roads. Bridges can be especially vulnerable to constant stress from heavy trucks. When a bridge collapses it can cost hundreds of lives and cause many injuries. One of the worst US bridge disasters happened in August of 2007 when the Interstate 35W Bridge over the Mississippi River collapsed. It was later determined that heavy construction trucks contributed to the bridge’s collapse.
A little over two weeks after the I35 W Bridge collapsed a truck that weighed 145,000 lbs over the weight limit crossed a small bridge in Washington State and collapsed it. Some believe that insufficient enforcement in recent years led truck drivers to believe that they could get away with pushing the weight limits.
Trucker drivers are routinely checked to ensure they are complying with the law. This check is done at weigh stations. These weigh stations can be found outside of cities, along toll roads, and on the border lines between states. Drivers and trucking companies must be diligent in keeping their trucks below the weight limits. Trucks that carry too much weight can ruin roads and cause accidents. They can also contribute to devastating bridge collapses.
This article should not be construed as legal advice.
One of the important regulations that truck drivers must follow pertains to weight limits. A truck that is over weight can cause many problems and accidents. Federal and local agencies have developed formulas regarding how much weight a truck can safely carry. This is one of the most important rules that new truck drivers learn.
When a truck is overweight it can damage the roads. Roads that were built to carry passenger cars cannot withstand the heavy tonnage of a large commercial truck. This is why many municipalities restrict trucks from their residential streets. They do not want trucks taking shortcuts through the town and tearing up roads that the local tax payers will have to rebuild.
A truck that is overweight can also be a hazard out on the road. A heavy load can shift and make the truck uncontrollable. It can throw the truck’s balance off as it climbs hills or goes around curves. The weighted down truck will also damage the highway surface, creating potholes and other hazards.
One of the most dangerous spots for an overweight truck is on a bridge. The US Dept. of Transportation came up with a rule regulating truck weight. Called the Federal Bridge Gross Weight Formula, it is also known as Bridge Formula B. It is a mathematical formula that calculates the appropriate maximum gross weight for a commercial truck. Some factors that determine it are axle spacing and truck length. The regulation is part of the federal interstate commercial traffic code.
The purpose of Bridge Formula B is to keep heavy trucks from damaging bridges and other roads. Bridges can be especially vulnerable to constant stress from heavy trucks. When a bridge collapses it can cost hundreds of lives and cause many injuries. One of the worst US bridge disasters happened in August of 2007 when the Interstate 35W Bridge over the Mississippi River collapsed. It was later determined that heavy construction trucks contributed to the bridge’s collapse.
A little over two weeks after the I35 W Bridge collapsed a truck that weighed 145,000 lbs over the weight limit crossed a small bridge in Washington State and collapsed it. Some believe that insufficient enforcement in recent years led truck drivers to believe that they could get away with pushing the weight limits.
Trucker drivers are routinely checked to ensure they are complying with the law. This check is done at weigh stations. These weigh stations can be found outside of cities, along toll roads, and on the border lines between states. Drivers and trucking companies must be diligent in keeping their trucks below the weight limits. Trucks that carry too much weight can ruin roads and cause accidents. They can also contribute to devastating bridge collapses.
This article should not be construed as legal advice.
Tuesday, February 23, 2010
Debt Collection
The Fair Debt Collection Practices Act (FDCPA) was enacted in 1978 as part of the Consumer Credit Protection Act. The purpose of this statute is to eliminate abusive methods of collecting consumer debts and to provide consumers with a means to verify and/or dispute information accuracy regarding a debt. Debt collectors are required to conduct business under the guidelines of this statute and failure to do so can result in criminal prosecution involving various penalties and compensations. This statute is sometimes used in combination with the Fair Credit Reporting Act. This act, for all practical purposes, defines the individual rights of the consumer in relation to the means by which a debt may be settled.
Debt Collector
The FDCPA gives a broad definition of a debt collector in terms of any person who uses any instrument of means or mail for the purposes of collecting a debt. It also encompasses those who utilize any means for the purposes of representing another party in the attempted collection of a debt that is owed to that other party. While the FDCPA usually only applies to third party debt collectors and not the internal collection agencies of single companies, there are states that extend consumer rights protection in this area, as well. This is also true in cases when a debt is purchased by a debt buyer. Even though the debt buyer now owns the debt (and is therefore collecting on their own debt), the courts will generally apply the FDCPA coverage to these cases, as well. There are numerous exceptions to the “debt collector” definition within the FDCPA – particularly after the passage of the Financial Services Regulatory Relief Act of 2006. Also, Attorneys (who were originally exempt from the FDCPA) have been included, since 1986.
Debt and Consumer
FDCPA definitions of “debt” and “consumer” restricts coverage to personal, family and household transactions while debts that are owed by businesses (or relate to business purposes) are not covered under the FDCPA.
Please note that this article is for informational purposes only and is not intended as legal advice.
You can contact the Jodat Law Group for more information, attorney Gary R. Jodat, serving Sarasota, Florida for more information.
Debt Collector
The FDCPA gives a broad definition of a debt collector in terms of any person who uses any instrument of means or mail for the purposes of collecting a debt. It also encompasses those who utilize any means for the purposes of representing another party in the attempted collection of a debt that is owed to that other party. While the FDCPA usually only applies to third party debt collectors and not the internal collection agencies of single companies, there are states that extend consumer rights protection in this area, as well. This is also true in cases when a debt is purchased by a debt buyer. Even though the debt buyer now owns the debt (and is therefore collecting on their own debt), the courts will generally apply the FDCPA coverage to these cases, as well. There are numerous exceptions to the “debt collector” definition within the FDCPA – particularly after the passage of the Financial Services Regulatory Relief Act of 2006. Also, Attorneys (who were originally exempt from the FDCPA) have been included, since 1986.
Debt and Consumer
FDCPA definitions of “debt” and “consumer” restricts coverage to personal, family and household transactions while debts that are owed by businesses (or relate to business purposes) are not covered under the FDCPA.
Please note that this article is for informational purposes only and is not intended as legal advice.
You can contact the Jodat Law Group for more information, attorney Gary R. Jodat, serving Sarasota, Florida for more information.
Minimum Wage Violations: An Employee's Guide
Minimum wage violations are among the most common forms of employment abuse in the U.S., affecting all positions in a wide range of industries. While federal law entitles each worker to a minimum hourly rate, not all employers comply, and not all underpaid workers take action against it. This article offers basic information on minimum wage law and what employees can do to get their time's worth.
How is minimum wage determined?
The Fair Labor Standards Act (FLSA) sets a national minimum wage every year based on current living conditions and general way of life. As of July 24, 2009, the rate was $7.25 per hour. Individual states can set higher minimum wages, but the hourly rate must never be lower than that of the state unless circumstances justify it. An employer who pays less than the minimum must inform the employee of the fact and provide valid reasons for doing so. Otherwise, the employee can sue for minimum wage violations and demand compensation for lost income and other damages.
How are the laws violated?
The simplest way an employer can break minimum wage law is by simply paying them less than the required amount. However, certain acts that limit a person's income, even indirectly, can constitute a violation. These include:
- Paying less for a portion of the total hours worked, even if the average meets the minimum requirement
- Deducting pay for shortages, breakages or uniforms
- Forcing workers to forward part or all of the tips earned
- Forcing workers to work strictly for tips or commissions
- Requiring minimum wage or close-to-minimum wage workers to perform tasks before clocking in, after clocking out, or during breaks
When is it exempted?
Some circumstances allow employers to legally pay less than minimum wage. For example, the FLSA states that people who make at least $30 in tips per month can be paid less provided that the tips bring the total up to the minimum wage standard. If the tips do not average out the hourly wage, the employer will have to pay the difference. In any case, employees should always be informed of minimum wage exemptions before starting on the job.
This article should not be taken as legal advice.
Learn more about minimum wage violations at The Shavitz Law Group, P.A. Serving clients throughout Florida.
How is minimum wage determined?
The Fair Labor Standards Act (FLSA) sets a national minimum wage every year based on current living conditions and general way of life. As of July 24, 2009, the rate was $7.25 per hour. Individual states can set higher minimum wages, but the hourly rate must never be lower than that of the state unless circumstances justify it. An employer who pays less than the minimum must inform the employee of the fact and provide valid reasons for doing so. Otherwise, the employee can sue for minimum wage violations and demand compensation for lost income and other damages.
How are the laws violated?
The simplest way an employer can break minimum wage law is by simply paying them less than the required amount. However, certain acts that limit a person's income, even indirectly, can constitute a violation. These include:
- Paying less for a portion of the total hours worked, even if the average meets the minimum requirement
- Deducting pay for shortages, breakages or uniforms
- Forcing workers to forward part or all of the tips earned
- Forcing workers to work strictly for tips or commissions
- Requiring minimum wage or close-to-minimum wage workers to perform tasks before clocking in, after clocking out, or during breaks
When is it exempted?
Some circumstances allow employers to legally pay less than minimum wage. For example, the FLSA states that people who make at least $30 in tips per month can be paid less provided that the tips bring the total up to the minimum wage standard. If the tips do not average out the hourly wage, the employer will have to pay the difference. In any case, employees should always be informed of minimum wage exemptions before starting on the job.
This article should not be taken as legal advice.
Learn more about minimum wage violations at The Shavitz Law Group, P.A. Serving clients throughout Florida.
Slip and Fall Accidents
We have all experienced slipping and falling at some point in our lives. Oftentimes, it is such a regular occurrence that we get up and just forget about the incident. However, there are times when these accidents cause us pain resulting in severe personal injury. Studies show that 60 percent of all falls are related to a slipping or tripping incident. But what exactly is a slip and a fall?
What is a Slip and a fall?
A slip and fall is the generic term used when a personal injury occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else's property.
What Causes a Slip and Fall Accident?
• Broken or uneven sidewalks
• Unbalanced flooring
• Adverse weather conditions (ice, snow, or rain)
• Poor or inadequate lighting
• Unmarked pathways
• Wet or slippery floors or tiles
• Torn carpets and rugs
• Potholes
• Obstruction on the floor or walkway
What to do after a slip and fall accident?
• Take snapshots of the scene and of your injuries
• Gather witnesses from the accident scene and make eyewitness reports
• Make an incident report
• Seek medical attention
These are the best ways to prove fault that will help demonstrate that such hazardous conditions did exist and that it caused your injury. But in order to recover damages in a slip and fall accident, you must generally prove the following:
• The owner or possessor caused the hazardous condition to exist and created the condition;
• The owner or possessor knew of the dangerous condition and negligently failed to correct it;
• The owner or possessor should have been aware of the hazardous condition because another person would have noticed the same dangerous condition and would have removed, repaired, or warned people against the hazard.
These evidences will help you prove fault and recover damages. If you believe that your injury was the result of someone else’s negligence, it is a good idea to contact a qualified personal injury lawyer who can help prepare your case and tell you what course of action to take.
Please note that this article is for information purposes only and not intended as legal advice.
Click here to visit the site of Kelley and Uustal Law Firm in Fort Lauderdale, Fla if you are looking for additional information about slip and fall accidents.
What is a Slip and a fall?
A slip and fall is the generic term used when a personal injury occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else's property.
What Causes a Slip and Fall Accident?
• Broken or uneven sidewalks
• Unbalanced flooring
• Adverse weather conditions (ice, snow, or rain)
• Poor or inadequate lighting
• Unmarked pathways
• Wet or slippery floors or tiles
• Torn carpets and rugs
• Potholes
• Obstruction on the floor or walkway
What to do after a slip and fall accident?
• Take snapshots of the scene and of your injuries
• Gather witnesses from the accident scene and make eyewitness reports
• Make an incident report
• Seek medical attention
These are the best ways to prove fault that will help demonstrate that such hazardous conditions did exist and that it caused your injury. But in order to recover damages in a slip and fall accident, you must generally prove the following:
• The owner or possessor caused the hazardous condition to exist and created the condition;
• The owner or possessor knew of the dangerous condition and negligently failed to correct it;
• The owner or possessor should have been aware of the hazardous condition because another person would have noticed the same dangerous condition and would have removed, repaired, or warned people against the hazard.
These evidences will help you prove fault and recover damages. If you believe that your injury was the result of someone else’s negligence, it is a good idea to contact a qualified personal injury lawyer who can help prepare your case and tell you what course of action to take.
Please note that this article is for information purposes only and not intended as legal advice.
Click here to visit the site of Kelley and Uustal Law Firm in Fort Lauderdale, Fla if you are looking for additional information about slip and fall accidents.
Monday, February 22, 2010
What Happens if You Skip the Doctor After a Car Accident?
A car accident can cause any number of physical and emotional injuries to those involved. The accident itself is such an unnatural occurrence – putting your body through motions that no one is built to handle. The toll it places on your body is such that you can sustain any number of injuries, from broken bones to traumatic brain injury, solely from the force of impact and not from any physical trauma. The power of acceleration and sudden stopping is far beyond what our bodies can absorb. So, those who decide not to visit the doctor following a car accident are not just playing it cool – they are putting their health at risk by potentially missing life threatening conditions.
Post Car Accident Conditions
The three most common areas in which you can have injuries without your knowledge are your brain, your neck and your spinal cord. These internal injuries are dangerous because the injury itself might seem relatively minor. However, secondary injuries can be slow to develop and can ultimately cause far more damage.
For example, if you hit your head during a car accident, you may be a bit dizzy and have a headache after the accident. If you did not see the doctor, they would miss the fact that you have a concussion and are potentially suffering from swelling or bleeding in the brain. Swelling can take time to develop, but if it continues, it can result in brain damage, loss of oxygen, or even death when severe enough.
Your spinal cord is nearly as susceptible to swelling and bleeding, with the results ranging from loss of sensation to full on paralysis in your extremities. The risk of damage in these parts of your body is substantial in so many ways that it’s vital you see the doctor after an accident.
After the Doctor
If the doctor declares you unharmed, you should still keep an eye out for potential symptoms. And if the doctor finds any damage or advanced secondary injuries, you should be sure to ascertain who was responsible for the car accident in case you need to prove their liability in court. Take it very seriously because even a small headache could be just the beginning of your symptoms. If you need assistance be sure to see a doctor and/or lawyer as this article is not meant to provide legal or medical advice.
Protect your health and you savings. Contact Attorney Andrew Weinstein in Florida for more information about car accident liability.
Post Car Accident Conditions
The three most common areas in which you can have injuries without your knowledge are your brain, your neck and your spinal cord. These internal injuries are dangerous because the injury itself might seem relatively minor. However, secondary injuries can be slow to develop and can ultimately cause far more damage.
For example, if you hit your head during a car accident, you may be a bit dizzy and have a headache after the accident. If you did not see the doctor, they would miss the fact that you have a concussion and are potentially suffering from swelling or bleeding in the brain. Swelling can take time to develop, but if it continues, it can result in brain damage, loss of oxygen, or even death when severe enough.
Your spinal cord is nearly as susceptible to swelling and bleeding, with the results ranging from loss of sensation to full on paralysis in your extremities. The risk of damage in these parts of your body is substantial in so many ways that it’s vital you see the doctor after an accident.
After the Doctor
If the doctor declares you unharmed, you should still keep an eye out for potential symptoms. And if the doctor finds any damage or advanced secondary injuries, you should be sure to ascertain who was responsible for the car accident in case you need to prove their liability in court. Take it very seriously because even a small headache could be just the beginning of your symptoms. If you need assistance be sure to see a doctor and/or lawyer as this article is not meant to provide legal or medical advice.
Protect your health and you savings. Contact Attorney Andrew Weinstein in Florida for more information about car accident liability.
The Spin Cycle of Money Laundering
Despite popular speculation that the term is derived from Al Capone having used laundromats to stash the goods, the term more likely refers to the process of making ill-gotten money appear legitimate. Money laundering has been around for a long time, but it was the American mobsters who perfected the “cleaning process,” primarily due to the pivotal contribution of a law passed in 1934, the Swiss Banking Act.
Soak the Load in Legitimate Suds
While there can be many variations to the money laundering process, there are three basic steps that have been identified. First of these is the need to insert the illegally gained money into a legitimate financial institution. This is perhaps the riskiest stage in the whole process, since huge sums of money will be pretty conspicuous. In the United States, a helpful safeguard has been placed in bank transactions, which require banks to report sums larger than $10,000 as well as any other related suspicious financial activity.
The Laundry Cycle Begins
In order to remove the money from its illegal origins as neatly as possible, it needs to go through a layering process. This stage will require a complex web of transactions, including bank-to-bank transactions, wire transfers between many different accounts with different names, withdrawals and deposits, and even purchases of high-value items that can be easily converted into cash later just to change the form of the money. The length of the layering stage can be as long as needed, in order to remove all traces of “dirt” from the “laundry.”
Spin-Dry, Press and Wrap the Show Up
Finally, when the money has been “washed and rinsed,” it is ready to go back into the normal circulation through a legal transaction. Final bank transfers can be made into accounts of an existing business of the launderer, the sales of high-valued items can be used to purchase products from a company of the launderer, and so on. If a money launderer reaches this stage successfully, he or she will be very difficult to track, if at all, especially if no documentation for the previous stages can be found.
Money laundering cases have surfaced in the United States in light of using offshore accounts to evade taxation. The United States has since initiated a voluntary disclosure program to promote greater compliance with tax laws among tax evaders.
This article is intended solely to offer general information on the subject. None of the content should be considered as legal advice.
More about offshore voluntary disclosure from the Thorn Law Group. Helping resolve international issues for clients in Washington, D.C.
Soak the Load in Legitimate Suds
While there can be many variations to the money laundering process, there are three basic steps that have been identified. First of these is the need to insert the illegally gained money into a legitimate financial institution. This is perhaps the riskiest stage in the whole process, since huge sums of money will be pretty conspicuous. In the United States, a helpful safeguard has been placed in bank transactions, which require banks to report sums larger than $10,000 as well as any other related suspicious financial activity.
The Laundry Cycle Begins
In order to remove the money from its illegal origins as neatly as possible, it needs to go through a layering process. This stage will require a complex web of transactions, including bank-to-bank transactions, wire transfers between many different accounts with different names, withdrawals and deposits, and even purchases of high-value items that can be easily converted into cash later just to change the form of the money. The length of the layering stage can be as long as needed, in order to remove all traces of “dirt” from the “laundry.”
Spin-Dry, Press and Wrap the Show Up
Finally, when the money has been “washed and rinsed,” it is ready to go back into the normal circulation through a legal transaction. Final bank transfers can be made into accounts of an existing business of the launderer, the sales of high-valued items can be used to purchase products from a company of the launderer, and so on. If a money launderer reaches this stage successfully, he or she will be very difficult to track, if at all, especially if no documentation for the previous stages can be found.
Money laundering cases have surfaced in the United States in light of using offshore accounts to evade taxation. The United States has since initiated a voluntary disclosure program to promote greater compliance with tax laws among tax evaders.
This article is intended solely to offer general information on the subject. None of the content should be considered as legal advice.
More about offshore voluntary disclosure from the Thorn Law Group. Helping resolve international issues for clients in Washington, D.C.
Writing Your Will
If there is a question of validity or if the will is proven to be invalid, then inheritance will be determined under the standard laws of that jurisdiction. This would be the same as if the will was never created. There may also be a time limit that a will may be admitted to a probate hearing (usually 30 days). The will being submitted must be the original copy, in almost every jurisdiction – no photocopies are allowed, of any type.
Homemade Wills
The creation of a will does not require a lawyer. However, there can be certain problematic issues associated with “home-made” wills. Not to mention the fact that any unclear stipulations will not have the benefit of input from the deceased. Therefore, there is virtually no margin of error. An interesting example of this would be the case where a husband has his wife witness the will’s signing. If she is a potential beneficiary of any assets, the fact that she was a witness would immediately disqualify her for any benefits mentioned in the will.
Holographic Will
Some jurisdictions will recognize a “holographic will” which is penned entirely in the testator’s own handwriting. The real benefit of this type of will is not so much that it was directly written by the testator – but by the fact that it doesn’t require witnesses. A few jurisdictions will even recognize a “nuncupative will” which is given orally. Some jurisdictions (in Great Britain, for example) have special provisions for more relaxed requirements when it comes to military personnel, on active duty, who express their wishes for asset dispersal upon death.
Wills are prohibited from including immoral requests, illegal stipulations or other acts against the general public as a condition of receiving benefits. In a community property jurisdiction – wills may not be used to completely prevent the inheritance of assets by a spouse. In these cases, the spouse is considered entitled to at least a portion of the testator’s assets in an estate settlement.
It’s also considered a good idea to give an executor the power to settle debts, pay probate expenses and address taxes. Wills that don’t provide for this contingency may end up costing the estate a large sum, in the long run.
Please note that this article is for informational purposes only and is not intended as legal advice.
The offices of Searcy Denney Scarola Barnhart & Shipley PA, which are located in West Palm Beach and Tallahassee, Florida, maintains their website at www.searcylaw.com. Chris Searcy is the managing attorney.
Homemade Wills
The creation of a will does not require a lawyer. However, there can be certain problematic issues associated with “home-made” wills. Not to mention the fact that any unclear stipulations will not have the benefit of input from the deceased. Therefore, there is virtually no margin of error. An interesting example of this would be the case where a husband has his wife witness the will’s signing. If she is a potential beneficiary of any assets, the fact that she was a witness would immediately disqualify her for any benefits mentioned in the will.
Holographic Will
Some jurisdictions will recognize a “holographic will” which is penned entirely in the testator’s own handwriting. The real benefit of this type of will is not so much that it was directly written by the testator – but by the fact that it doesn’t require witnesses. A few jurisdictions will even recognize a “nuncupative will” which is given orally. Some jurisdictions (in Great Britain, for example) have special provisions for more relaxed requirements when it comes to military personnel, on active duty, who express their wishes for asset dispersal upon death.
Wills are prohibited from including immoral requests, illegal stipulations or other acts against the general public as a condition of receiving benefits. In a community property jurisdiction – wills may not be used to completely prevent the inheritance of assets by a spouse. In these cases, the spouse is considered entitled to at least a portion of the testator’s assets in an estate settlement.
It’s also considered a good idea to give an executor the power to settle debts, pay probate expenses and address taxes. Wills that don’t provide for this contingency may end up costing the estate a large sum, in the long run.
Please note that this article is for informational purposes only and is not intended as legal advice.
The offices of Searcy Denney Scarola Barnhart & Shipley PA, which are located in West Palm Beach and Tallahassee, Florida, maintains their website at www.searcylaw.com. Chris Searcy is the managing attorney.
What Happens After a Major Plane Crash?
While there are not many plane crashes in the United States each year, it affects a large number of people when it does occur. Anyone who has ever been in, or is affected by a plane crash should know the laws regarding personal injury and liability due to the crash. This might include the loss of a loved one in a full crash or injury sustained during a crash landing or particularly harsh conditions in the air.
Plane crashes are divided into three different potential areas in regards to personal injury law. There are commercial crashes, international disaster fatalities, and non-commercial crashes of personal planes.
Commercial and International Flights
If you are in a commercial airline crash, there are a number of laws that will determine what the rights of victims and their families are. Laws exist that require airlines to bring families to the crash site, care for any injuries, and deal with all potential liability issues expediently. International accidents are an interesting issue because they are not always governed by US law. For an unintentional mistake, there is little room for liability claims due to the Warsaw Convention of 1929. However, if a pilot is negligent or a mistake was intentionally made, the issue can become much more volatile.
Privately Owned Planes
Finally, there are private plane crashes that do not take place on commercial planes. In these cases, general aviation law is used to dictate how the crash is handled. The Federal Aviation Administration and National Transportation Safety Administration are both called in for investigation and placement of fault if there is any. Defendants in a case regarding a private plane crash can include the owner and operator of the plane, the maintenance crew of the plane, those supplying parts for the plane, the manufacturer of the plane, and many other with whom fault may be found.
A plane crash is often a tragedy in which multiple families are affected. Due to the number of regulations, the range of potential injury, and how a plane crash is investigated, there are any number of outcomes for how you should handle it. Know that if there is fault to be had, plane crash victims will almost always be recompensed for their pain and suffering.
This article is not meant as legal advice.
For more information in the Chicago, Illinois area, contact Ken Allen Law.
Plane crashes are divided into three different potential areas in regards to personal injury law. There are commercial crashes, international disaster fatalities, and non-commercial crashes of personal planes.
Commercial and International Flights
If you are in a commercial airline crash, there are a number of laws that will determine what the rights of victims and their families are. Laws exist that require airlines to bring families to the crash site, care for any injuries, and deal with all potential liability issues expediently. International accidents are an interesting issue because they are not always governed by US law. For an unintentional mistake, there is little room for liability claims due to the Warsaw Convention of 1929. However, if a pilot is negligent or a mistake was intentionally made, the issue can become much more volatile.
Privately Owned Planes
Finally, there are private plane crashes that do not take place on commercial planes. In these cases, general aviation law is used to dictate how the crash is handled. The Federal Aviation Administration and National Transportation Safety Administration are both called in for investigation and placement of fault if there is any. Defendants in a case regarding a private plane crash can include the owner and operator of the plane, the maintenance crew of the plane, those supplying parts for the plane, the manufacturer of the plane, and many other with whom fault may be found.
A plane crash is often a tragedy in which multiple families are affected. Due to the number of regulations, the range of potential injury, and how a plane crash is investigated, there are any number of outcomes for how you should handle it. Know that if there is fault to be had, plane crash victims will almost always be recompensed for their pain and suffering.
This article is not meant as legal advice.
For more information in the Chicago, Illinois area, contact Ken Allen Law.
Change of name
Individuals who decide to change their names should immediately report this to the Social Security offices or their employer. This ensures that all payments and contributions are entered under your name. It also keeps all your personal information up to date allowing for smoother transactions in the future.
People who have underwent name changes are required to present legal proof before these changes are made in their Social Security information database. Individuals are required to accomplish an application for a Social Security card and present authenticated documents proving their legal name change, proof of identity, and US citizenship ( for those who not established their citizenship status) or immigration status. Photocopies of such documents are not accepted but only originals or certified copies of the issuing agency are allowed.
Divorce
Individuals who were married for 10 years and have moved on to separate lives after divorce may begin to receive benefits when reaching the age of 62. Those who were able to remarry however will not be able to collect such benefits until their present marriage ends, either by divorce, death or annulment.
Divorced individuals may qualify for benefits if they satisfy these basic requirements.
• You are aged 62 years
• You are unmarried
• Your former spouse is qualified to receive Social Security benefits
• For individuals who are qualified to receive retirement benefits on their own but have lesser benefits compared to the amount they could receive with their former spouse benefits
Special circumstances
• For divorced individuals whose former spouse have not applied for Social Security but are qualified for benefits, the ex-spouse could apply for the benefits as long they have been divorced for at least two years.
• For individuals who are qualified to receive their own benefits, but with benefits which are higher, payments are computed by getting the combination of both benefits that equals the higher amount.
Remarriage
Adult disabled beneficiaries stop receiving benefits once they are married. Getting remarried is not an absolute condition for being denied benefits because special circumstance may allow disabled individuals to receive payments after marriage. Exemptions apply for couples who are both disabled beneficiaries. There are other special circumstances when individuals with disabilities are allowed to receive Social Security benefits, consultation with a social worker or a visit to any Social Security office can give you better information regarding this matter.
Website Link: Resources on Social Security at Tampa Bay Public Attorney Mike Murburg, serving clients in the Florida State area.
Individuals who decide to change their names should immediately report this to the Social Security offices or their employer. This ensures that all payments and contributions are entered under your name. It also keeps all your personal information up to date allowing for smoother transactions in the future.
People who have underwent name changes are required to present legal proof before these changes are made in their Social Security information database. Individuals are required to accomplish an application for a Social Security card and present authenticated documents proving their legal name change, proof of identity, and US citizenship ( for those who not established their citizenship status) or immigration status. Photocopies of such documents are not accepted but only originals or certified copies of the issuing agency are allowed.
Divorce
Individuals who were married for 10 years and have moved on to separate lives after divorce may begin to receive benefits when reaching the age of 62. Those who were able to remarry however will not be able to collect such benefits until their present marriage ends, either by divorce, death or annulment.
Divorced individuals may qualify for benefits if they satisfy these basic requirements.
• You are aged 62 years
• You are unmarried
• Your former spouse is qualified to receive Social Security benefits
• For individuals who are qualified to receive retirement benefits on their own but have lesser benefits compared to the amount they could receive with their former spouse benefits
Special circumstances
• For divorced individuals whose former spouse have not applied for Social Security but are qualified for benefits, the ex-spouse could apply for the benefits as long they have been divorced for at least two years.
• For individuals who are qualified to receive their own benefits, but with benefits which are higher, payments are computed by getting the combination of both benefits that equals the higher amount.
Remarriage
Adult disabled beneficiaries stop receiving benefits once they are married. Getting remarried is not an absolute condition for being denied benefits because special circumstance may allow disabled individuals to receive payments after marriage. Exemptions apply for couples who are both disabled beneficiaries. There are other special circumstances when individuals with disabilities are allowed to receive Social Security benefits, consultation with a social worker or a visit to any Social Security office can give you better information regarding this matter.
Website Link: Resources on Social Security at Tampa Bay Public Attorney Mike Murburg, serving clients in the Florida State area.
Sunday, February 21, 2010
Marijuana Trafficking
Marijuana trafficking is unique to the drug trade industry. Because of this, there are perceived advantages and disadvantages to those who engage in this form of activity. The first unique aspect is the sheer volume of demand that will not allow for any distribution domination by any particular group of smugglers. This situation will allow for a large number of small to mid-sized scale suppliers to readily enter into this vast market.
Cost of Marijuana Trafficking
Unlike cocaine, heroin and other drugs, the illegal distribution of marijuana is comparatively inexpensive. While is may take a large investment of $30 - $40 thousand to even contemplate putting together a U.S. heroin or cocaine smuggling operation, an investment of less than $10,000 is all that may be required to initiate the same business in illegal marijuana trafficking.
Growing Marijuana
More importantly, while cocaine and heroin manufacturing is usually limited to foreign countries located in hostile regions of the world, marijuana can be grown domestically. A significant amount of illegally sold marijuana is cultivated in all 50 states and domestic production constitutes approximately one-sixth of all marijuana sold in the U.S. The costs of distribution, therefore, are dramatically reduced when a drug doesn’t need to be smuggled into the country where it’s being sold.
Snuggling Marijuana
While this may be seen as an advantage to smugglers, it’s also considered a disadvantage. With competition being this prevalent, prices are kept lower than other illegal drugs. Add to this, the elimination of a diluting factor, and you have a product that cannot be increased in value with a substance to “cut” its potency. Marijuana is also very bulky and transportation, in secret, can pose many problems for traffickers. An example of the low profit potential can be seen in the fact that 700 lbs. of commercially grown marijuana, from Columbia, will probably equal the profitability of the sale of one kilogram (2.2 lbs.) of cocaine that has been cut with cheap adulterants.
Drug Organizations
Even though, a small-scale operation is possible with a limited investment, only large-scale criminal organizations will possess the connections and resources necessary to reap significantly large profits from the marijuana trade. Most of these criminal organizations will also deal other drugs, as well, such as cocaine and heroin.
Please note that this article is for informational purposes only and is not intended as legal advice.
Marijuana possession and sale constitutes some of the most commonly prosecuted crimes in the United States. If you encounter any difficulties related to this issue, you can call drug criminal lawyer Michael Lowe, who is currently practicing in Dallas, Texas.
Cost of Marijuana Trafficking
Unlike cocaine, heroin and other drugs, the illegal distribution of marijuana is comparatively inexpensive. While is may take a large investment of $30 - $40 thousand to even contemplate putting together a U.S. heroin or cocaine smuggling operation, an investment of less than $10,000 is all that may be required to initiate the same business in illegal marijuana trafficking.
Growing Marijuana
More importantly, while cocaine and heroin manufacturing is usually limited to foreign countries located in hostile regions of the world, marijuana can be grown domestically. A significant amount of illegally sold marijuana is cultivated in all 50 states and domestic production constitutes approximately one-sixth of all marijuana sold in the U.S. The costs of distribution, therefore, are dramatically reduced when a drug doesn’t need to be smuggled into the country where it’s being sold.
Snuggling Marijuana
While this may be seen as an advantage to smugglers, it’s also considered a disadvantage. With competition being this prevalent, prices are kept lower than other illegal drugs. Add to this, the elimination of a diluting factor, and you have a product that cannot be increased in value with a substance to “cut” its potency. Marijuana is also very bulky and transportation, in secret, can pose many problems for traffickers. An example of the low profit potential can be seen in the fact that 700 lbs. of commercially grown marijuana, from Columbia, will probably equal the profitability of the sale of one kilogram (2.2 lbs.) of cocaine that has been cut with cheap adulterants.
Drug Organizations
Even though, a small-scale operation is possible with a limited investment, only large-scale criminal organizations will possess the connections and resources necessary to reap significantly large profits from the marijuana trade. Most of these criminal organizations will also deal other drugs, as well, such as cocaine and heroin.
Please note that this article is for informational purposes only and is not intended as legal advice.
Marijuana possession and sale constitutes some of the most commonly prosecuted crimes in the United States. If you encounter any difficulties related to this issue, you can call drug criminal lawyer Michael Lowe, who is currently practicing in Dallas, Texas.
Wednesday, February 17, 2010
Facts and Statistics on Construction Accidents
A surprising number of construction workers go into the job largely unaware of the risks, assuming their health and safety are all taken care of. While workplaces are safer today than they were five years ago, data from the Occupational Safety and Health Administration (OSHA) suggests that there is still room for improvement. This article shows some basic figures that paint a clear picture of how safe the construction industry is for today’s workers.
- The OSHA reports that one in ten workers is injured in construction projects every year. These figures are based on cases reported to the authorities; it is believed that many cases are settled privately and thus don’t make it to the OSHA records.
- In 2007, 4.2 out of 100 workers suffered from work-related illness or injury—a nationwide total of over 4 million people. While less than half of the cases were fatal, a considerable 21% of the deaths were in the construction industry.
- Reports from the Bureau of Labor Statistics (BLS) show that around 150,000 construction workers are injured annually, most of them caused by falls and contact with dangerous equipment.
- Falls accounted for 25% of construction accidents from 2006 to 2008. This is followed by overexertion and heavy impact, which made up 23% and 22% respectively. Other common causes include repetitive motion and getting stuck in tight spots.
- Accidents tend to occur in workers between 25 and 34 years old. While this may be a matter of preference—companies prefer young and able workers for manual labor—it may also point to lack of training and experience on the job.
- Injuries arising from construction accidents usually involve the back, trunk, and spine. A common scenario is when a worker steps back on an open surface and falls, with the lower back, head, or neck usually hitting the ground first.
- According to the National Institute for Occupational Safety and Health (NIOSH), more than 1,200 construction workers died on the job in 2005. The construction industry has since been considered the most dangerous in the U.S.
- Of the total amount spent every year on workers’ compensation, roughly 15% goes to workers injured in construction sites, although construction workers make up only 2% of the total workforce.
This article is not intended as legal advice.
Additional resource: Dallas Construction Injury Lawyer Kris Barber. Serving clients in the Greater Dallas area.
- The OSHA reports that one in ten workers is injured in construction projects every year. These figures are based on cases reported to the authorities; it is believed that many cases are settled privately and thus don’t make it to the OSHA records.
- In 2007, 4.2 out of 100 workers suffered from work-related illness or injury—a nationwide total of over 4 million people. While less than half of the cases were fatal, a considerable 21% of the deaths were in the construction industry.
- Reports from the Bureau of Labor Statistics (BLS) show that around 150,000 construction workers are injured annually, most of them caused by falls and contact with dangerous equipment.
- Falls accounted for 25% of construction accidents from 2006 to 2008. This is followed by overexertion and heavy impact, which made up 23% and 22% respectively. Other common causes include repetitive motion and getting stuck in tight spots.
- Accidents tend to occur in workers between 25 and 34 years old. While this may be a matter of preference—companies prefer young and able workers for manual labor—it may also point to lack of training and experience on the job.
- Injuries arising from construction accidents usually involve the back, trunk, and spine. A common scenario is when a worker steps back on an open surface and falls, with the lower back, head, or neck usually hitting the ground first.
- According to the National Institute for Occupational Safety and Health (NIOSH), more than 1,200 construction workers died on the job in 2005. The construction industry has since been considered the most dangerous in the U.S.
- Of the total amount spent every year on workers’ compensation, roughly 15% goes to workers injured in construction sites, although construction workers make up only 2% of the total workforce.
This article is not intended as legal advice.
Additional resource: Dallas Construction Injury Lawyer Kris Barber. Serving clients in the Greater Dallas area.
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