Pro Law Guide: Blog Pro Law Guide: Blog https://www.prolawguide.com/blog/ Copyright by Pro Law Guide en Pro Law Guide Fri, 24 Sep 2021 00:00:23 -0400 Time limit for going to court for a birth injury As in any other state, the time required to request a trial can seem more complicated than necessary. Here are some short answers and some details that may be useful, interesting, or both.

Medical errors in mothers at the time of giving birth that are injured during the delivery of babies, generally must be sued within a year. Strictly speaking, adults over the age of 18 have one year to file a medical malpractice claim.

The time necessary to make a claim for birth injuries begins from the moment the patient knew or should have known about the miscarriage, injury to the fetus, wounds or administration of wrong medications in the mother, etc.

What is a birth injury attorney

Birth injury attorneys are a group of professional personal injury advocates who help establish legal justice for newborns who are protected from medical malpractice.

Many birth injuries are serious and leave children physically and / or mentally disabled for the rest of their lives. Lifelong treatment may be necessary to treat symptoms of the disease; And unfortunately, some families have a hard time paying for treatment.

According to a study at a Massachusetts hospital, about 40 percent of families have difficulty paying expenses related to disability resulting from medical malpractice. Fortunately, a birth injury attorney can seek money on behalf of the family to cover lifetime treatment costs.

Malpractice collections from a medical provider that an injury attorney can make

When seeking the advice of a birth injury lawyers Philadelphia PA, make sure you feel comfortable and confident that they will do everything possible to win your case.

Don't feel obligated to work with the first attorney you contact. Focus on finding a skilled birth trauma attorney with the right qualifications and experience so that your claim is in good hands and successful.

  • Defender of birth injuries: they can sue doctors or nurses who have given birth to a child and who has suffered serious trauma in the birth, those involved can be charged in the corresponding court.
  • Financial Compensation: some birth injuries provide millions of dollars in rewards to families suffering from serious inconveniences and injuries during childbirth. Each birth injury and medical malpractice are different, and some may have been prevented with proper medical care.

Unfortunately, healthcare workers sometimes make mistakes that can be easily prevented and thus offer mothers a safe delivery. If this does not happen, then it could be considered a medical error.

Birth injury advocates (attorneys) can sue medical professionals for the negligent acts of the courts. Circumstances that may be considered medical negligence during childbirth include:

  • Not watching for signs of fetal distress
  • Failure to observe or treat maternal infection
  • Failure to detect or treat hypoxia
  • Not making the proper incisions (cesarean section)
  • Using excessive or unnecessary force on the baby's head, neck, shoulders, or arms

Some of the cases that birth injury attorneys consider include

The birth injury attorney is the ideal staff to help your family obtain compensation for medical malpractice in court and prove that your child is injured by it. Today millions of attorneys represent families bringing lawsuits for many types of birth injuries.

  • Brain injury
  • Cerebral palsy
  • Brachial plexus injury
  • Infant bruise
  • Intrauterine fetal death
  • Severe jaundice
  • Spinal injuries

Ratings of the best birth injury attorney

  • Experience: it is important to work with an attorney who deals with other birth injuries like yours. If your attorney has no prior experience in birth cases, he may not know how much money he can get in your case.
  • National access: many birth injury attorneys work with national law firms that handle cases across the country. These law firms have local offices to help families in different geographic locations.

Nationally accessible birth trauma attorneys know the boundary law in each state to ensure your case is presented in a timely manner.

  • No upfront costs: most birth injury attorneys charge no fees. An experienced birth trauma attorney will give you a free case rating and work with contingency fees, which means no legal fees will be charged if you do not win your case.
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Uncategorized https://www.prolawguide.com/blog/time-limit-for-going-to-court-for-a-birth-injury/ https://www.prolawguide.com/blog/time-limit-for-going-to-court-for-a-birth-injury/ Editor Wed, 08 Sep 2021 10:06:14 -0400
Top Ways to Increase Your Lawyer SEO Rank Search engine optimization (SEO) is the best way for lawyers to generate leads online and find new clients. You can maximize your website's visibility online by using SEO-proven techniques such as content creation that positions you as an experienced expert in the legal field. Remember that 75% of clients never browse past the first page of Google results, so you should aim to appear on the first page of google results.

SEO is essential for your professional website since it can help you generate more leads to convert to revenue, boost organic traffic,  and remain competitive in the legal industry. That said, here are some top ways to boost your lawyer SEO ranking.

Conduct a keyword research

Do not try to simply rank for a keyword such as attorney or lawyer. Conduct extensive keyword research and analyze keywords for commercial intent in your industry. Keywords with commercial intent tend to rank easily and convert at a higher rate because you target clients looking for services, not just information.

For instance, keywords such as 'personal injury lawyer Florida' or 'can I sue an insurance company' are advantageous than ranking for 'attorney.' 

Prioritize keywords with high volume but low competition,  produce better content than everyone else and ensure you satisfy search engine and user intent as well.

Website optimization

Website optimization is one of the essential steps to boosting your SEO ranking. You may have good content, but it is all in vain if your website is not user-friendly and responsive. First, focus on your SEO site structure. Your content should be logically organized in that clients can quickly see the information they need.

Secondly, optimize URLs. Depending on the keyword research, employ the keywords in each URL on your website without over-usage. Avoid keyword stuffing as it hurts your SEO rather than boosting it.

Page speed

According to Google, a page that delivers the slowest experience to users is negatively impacted. Keep in mind that site visitors are always impatient, and if your website speed is slow, they leave the page immediately and head on to the next search result. Again, if your pages are slow to load, you will be hit with less visibility on the search engine. So, ensure your site is fast and responsive to enhance the user's experience.

Content creation

Besides your professional home page, what else do you have to offer on your website? As a lawyer, it is best to have a landing page that outlines all the legal services you offer, which links to individual pages for your specialties. For instance, you can have a page that describes your law firm in general and link out to a page that explains how you assist people with personal injury claims. Also, if you have several offices in different locations, you should create a landing page that delineates each one of them along with their contacts.

Google maps optimization

Take advantage of google maps optimization to grow your law firm locally. That is by filling out everything about your law firm on the google my business page and then ensure it is well categorized.

The bottom line

Lawyer SEO can be complicated for the inexperienced, but you can work with an expert to utilize the best SEO strategies and boost your ranking.

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Uncategorized https://www.prolawguide.com/blog/top-ways-to-increase-your-lawyer-seo-rank/ https://www.prolawguide.com/blog/top-ways-to-increase-your-lawyer-seo-rank/ Editor Tue, 31 Aug 2021 00:03:45 -0400
Should you ask for a translated copy of an NDA and other legally binding documents?

So you’re a multilingual employee, and you’ve just been hired. Congratulations. Yet, you’re being onboarded, and you don’t know what’s going on because you have limited English capabilities. How will you know what you’re signing up for? As a multilingual employee, you are afforded rights by the government. You should be afforded these rights as a non-native English speaker.

Today, we’ll talk about your rights as a non-English speaking employee, what the legally binding documents in the hiring and onboarding processes are, and how legal translation services can help non-English speaking employees. This article is for anyone, or even any business, who are looking for a guide to NDAs and other legally binding documents.

Let’s find out more about your legal rights, starting now.

What Are Legally Binding Documents In The Hiring and Onboarding Processes?

NDAs are a nondisclosure agreement, or a confidentiality agreement between you and your employer. It states that everything that occurs within the work hours is confidential and only between you and your employer. You cannot share valuable information with others outside of your company. This is usually done by businesses that want business information such as assets and revenue to remain within the company. These contracts are usually drawn up by a corporate or business lawyer.

When you sign NDAs with an international company, these agreements can still be enforced between borders. Internationally enforceable contracts such as NDAs will usually have a governing law and jurisdiction for the contract, which will be included in the clauses within the agreement.

The governing law and the jurisdiction for which that agreement applies will depend on your context. If your company is a US company, you may be under US law and jurisdiction, or if you have an Australian company but you’re a US worker, it may still be under US law and jurisdiction. It all depends on the terms of the agreement.

It’s quite common for companies to issue an NDA for all their employees. For example, Google has everyone sign an NDA. Over ⅓ of the workforce are bound by an NDA, according to Forbes.

A contractual agreement is another form of legally binding agreement between you and your company. A contractor agreement applies to contractual workers, and will state the scope and duration of the work, the intellectual property liability clauses, and the confidentiality clause. They’re similar to the NDA, but will, as always, depend on the terms of contract between the involved parties.

What Are Your Rights As A Non-English Speaking Employee?

You are not without rights as a non-English speaking employee when it comes to the US government. According to the American Association for Applied Linguistics, the company you’re applying for is legally obligated to produce either standardized English documents or standardized documents in a language you can understand.

Moreover, if you are bound by an NDA and you’ve experienced forms of bullying or harassment, courts and jurisdictions will invalidate an NDA. The Civil Rights Act of 1991 allows an employee to break an NDA based on legal disclosure of evidence of wrongdoing. Even the Defend Trade Secrets Act will allow you to breach an NDA when there’s evidence of wrongdoing.

But most of the time, and especially in the beginning, when you’re signing an NDA or any other legally binding document, make sure you’re able to completely understand what’s stated in the agreement. That means you can and should ask for a translated copy of an NDA or any other type of contractual agreement, especially if you’re a non-English speaker.

How Can Legal Translation Services Help Non-English Speaking Employees?

Legal translation services can help non-English speaking employees and international companies alike by translating NDA agreements and other legally binding documents. NDAs are all about guaranteeing that the company’s information is safe, while protecting the rights of the employee as well.

Doing so by translating these documents through legal translation services are key to understanding between employees and employers, and bridging the language gap between these two parties.

Legal translation services employ legal translators who are accredited and qualified to provide certification. Legal translation services should also have American Translator’s Association (ATA) certification. When you have a legally-binding contract, you want someone with knowledge of contract law rather than, say, a website translator. That’s why translators at legal translation services must have a high level of certification. In the same way that a legal assistant must have legal knowledge, so too does the legal translator.

In our research of legally binding documents translated by legal translation services, Morningside Translations and Tomedes both topped the charts. They’re both top legal services, according to Goodfirms, as well as ATA-certified. While Morningside Translations has good intellectual property services, Tomedes has legal translation services that are a full-suite of certified services.

This means, at Tomedes, the rule of law is the judge. Translators from Tomedes must have a good background of legal knowledge as well as linguistic expertise, to be able to understand the different contracts laws in various institutional jurisdictions. Legal translation services from Tomedes for NDAs and contracts have seasoned legal and linguistic experts along with a speedy project management system.

Need Help?

When you’re signing a contract, you shouldn’t have to put on a second pair of glasses to know what you’re signing. You’ll be legally bound once you sign the contract, so make sure you know what it says. And having no knowledge of English should not stop you from signing the contract.

That’s why, when you’re in need, coordinate with your employer to request a translated copy of these documents from legal translation services, or find one yourself. This should be a good resource for you. Remember, let the law be the judge.

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Uncategorized https://www.prolawguide.com/blog/should-you-ask-for-a-translated-copy-of-an-nda-and-other-legally-binding-documents/ https://www.prolawguide.com/blog/should-you-ask-for-a-translated-copy-of-an-nda-and-other-legally-binding-documents/ Editor Fri, 20 Aug 2021 06:50:13 -0400
Dog Bites at Dog Parks: What You Should Know in New Jersey Dog parks are great places for dogs to play and socialize, but they can also be dangerous. When you enter dog parks or any public area, there are dog bite statutes that you should remain aware of. If you're bitten by a dog other than your own at the park and don't know what to do next, then it's time to call a dog bite lawyer in New Jersey.

What Goes into a Dog Bite Lawsuit in New Jersey

Dog bite cases in New Jersey favor the victim, especially if the attack took place on public or private property when someone was there lawfully. The value of a New Jersey dog bite lawsuits may consider such factors as:

  • Medical expenses and lost wages incurred by the victim as a result of their dog bite injuries
  • The severity of the bite and the residual physical effect of the attack
  • Additional circumstances surrounding the incident, such as whether the victim intentionally provoked the dog
  • The dog’s breed
  • The effect on the plaintiff

Because of strict liability laws, dog bite victims in New Jersey do not need to prove negligence on the owner’s part in a dog bite case. As soon as someone else’s dog in NJ bites you, you have grounds for a lawsuit. 

If a Dog Bites Someone at a Dog Park in NJ, Who is Liable?

Dogs in New Jersey dog parks are free to play with each other and their owners off-leash, but this does not absolve the dog owner of liability if their dog is overly aggressive and bites someone. Under New Jersey’s dog bite statute, dog owners are still strictly liable for injuries caused by their dogs upon public properties like dog parks.

Anyone bitten by a dog while on public property in New Jersey has the right to pursue compensation. With the help of an experienced lawyer, you can ensure the owner is held accountable for your injuries from a dog bite and better assert your compensation claim.

Contact Experienced NJ Dog Bite Lawyers

Knowing how best to proceed after a dog bite attack in a public park can help you get through this difficult situation. In New Jersey, a personal injury lawyer with a breradth of experience in dog bites knows how to investigate the incident on your behalf and inform you of your legal options if you were injured by a dog bite. Get Your Free Attorney Consultation!

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Uncategorized https://www.prolawguide.com/blog/dog-bites-at-dog-parks-what-you-should-know-in-new-jersey/ https://www.prolawguide.com/blog/dog-bites-at-dog-parks-what-you-should-know-in-new-jersey/ Editor Fri, 13 Aug 2021 08:05:15 -0400
Everything you need to know about spinal cord injury and claiming compensation If you have sustained a spinal cord injury, you don't have to go through the recovery process alone. You may be able to claim compensation to help with associated costs. Here is everything you need to know about spinal cord injuries and claiming compensation.

What is a spinal cord injury?

The spinal cord is a long, tubular structure made up of nervous tissue that sends incoming and outgoing messages to the brain and other areas of the body. It starts at the bottom of the brain and ends at the base of the spine. It is found in the vertebral column of the spine. When this fragile tissue is damaged, it can affect the body in numerous ways, here are some of them:

  1. Complete or partial paralysis
  2. Reduced sensation
  3. Loss of strength
  4. Nerve sensitivity
  5. Incontinence
  6. Pins and needles
  7. Sexual disfunction
  8. Muscle spasms
  9. Difficulty breathing and coughing

Different types of spinal cord injuries

Spinal cord injuries are typically categorised as either a complete or incomplete spinal cord injury. A complete spinal cord injury is when the person cannot move voluntarily or feel sensation below the injured area, this is because the brain cannot send signals to this region of the body. An incomplete spinal cord injury means you can still have some movement, sensation or may be able to move one side more than another.

  1. If damage has occurred in the upper part of the spinal cord, around the C1 or C2 vertebrae, movement from the neck down may be lost.
  2. An injury in the T1 region can lead to loss of movement from the chest down. Any injury between the T1 and T8 vertebrae can lead to no movement in the trunk of the body but movement in the hands.
  3. If the lower end of the spinal cord is damaged, loss of function in the hips and legs is common.
  4. If the C5 vertebrae is affected, this can cause loss of function in the wrist or hand. While movement in the bicep and shoulder typically remains unaffected.
  5. C6 vertebrae injuries result in loss of movement in the hand.
  6. If the C7 or T1 area is damaged, arms can usually be straightened; however, hand movement is restricted.

How are spinal cord injuries caused?

Most spinal cord injuries are caused by high-impact trauma, and they can be sustained from a motor vehicle accident, serious workplace incidents, or a significant personal injury. The spinal cord can be damaged in many ways, it can be severed, bruised, pinched, or compressed. The injury can be caused by an accident, your own negligence or someone else's, or you may be partially at fault as well as another party.

Some things you may be able to claim for

Medical expenses

Treating an injury can be expensive, it's not only the initial expenses that need to be considered but also the ongoing ones. Claiming compensation for a spinal cord injury can help with all costs associated with your injury. Including transport, medication, specialists, x-rays, equipment, carers, and anything else that is needed to help promote optimal health outcomes for you post-injury.

Damages

When it comes to injuries, the ISV Scale is used to determine the severity. 1 being minor and 100 being the most serious. Typically, the higher your rating, the more compensation you will receive as it's going to affect your life long-term. You can also claim for pain and suffering, and this includes the impacts it's placed on your enjoyment of life and your overall mental and emotional wellbeing.

Surgery costs

If you need surgery at any point, you can claim compensation for this. This includes theatre costs, the surgery itself and hospital fees.

Rehabilitation expenses

You'll likely need rehabilitation after your injury and surgery (if needed). The requirements of this are vast, and it can include things such as physiotherapy/hydrotherapy, aids, equipment, home alterations and more.

Loss of income or future income

Depending on the type of work you do and the severity of your injury, you may be off work for some time and when, and if you do return, your injury may prevent you from doing your usual role or your regular working hours may no longer be attainable. You can claim for loss of income and loss of future income if this is the case. This can also include your inability to pay or accumulate superannuation too.

Ongoing help

Sustaining an injury like a spinal cord injury affects many aspects of your life, and what you may have once been able to do, you may now need some help with. This is where home help and care steps in. Things such as house cleaning, gardening, lawns, personal care, and carers can all be claimed for through compensation.

How much compensation will I receive?

It's difficult to give a definitive answer to this question when everyone's situation is very different. Some factors that can influence the monetary figure you receive can include, the extent of your injury, whether it is life-limiting or not, your age, your level of activity before your injury, the impacts it's placed on your psychological well-being, loss of enjoyment of life, and the impact it has on your ability to make money now and into the future.‍

For most, the unfortunate reality is a spinal cord injury comes with lifelong complications. Unlike many other areas of the body, the spinal cord cannot heal itself. It's considered a serious injury, and if you have found yourself in this situation and it occurred at your workplace, in a car/roadside accident or from another means, you must have the right legal representation on your side to ensure you receive the compensation you are entitled to. Contact our expert team of senior personal injury solicitors here at South East Injury Lawyers.

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Uncategorized https://www.prolawguide.com/blog/everything-you-need-to-know-about-spinal-cord-injury-and-claiming-compensation/ https://www.prolawguide.com/blog/everything-you-need-to-know-about-spinal-cord-injury-and-claiming-compensation/ Editor Wed, 28 Jul 2021 04:40:09 -0400
Drink driving! Is it a criminal offence here in Queensland? You've likely heard of drink driving before and the ramifications that come along with it. Is it a criminal offence here in Queensland? It sure is. Here we'll explain everything you need to know about drink driving here in Queensland.

Under the Transport Operations (Road Use) Management Act, it's an offence here in the Sunshine State to drive while over the legal alcohol limit.

When it comes to drinking alcohol and driving, there are four limits, they are:

  1. No alcohol limit – This is a blood alcohol concentration (BAC) reading of more than 0.00. For some drivers, such as P plates, they cannot legally drink any alcohol and drive, so their BAC must be 0.00 at all times.
  2. General alcohol limit - Is 0.05 or over. In Queensland, this is considered a low-range drink driving offence for drivers holding a full drivers licence.
  3. Middle alcohol limit – This is a BAC reading of 0.10 or over, and driving with this concentration of alcohol in your system is a mid-range drink driving offence.
  4. High alcohol limit – A high alcohol limit is a BAC of 0.15 or more. This is the most serious of all the drink driving offences and carries the harshest penalties.

Listed below is a breakdown of the alcohol limits to give you an idea of the consequences attached to each if any.

No alcohol limit

P1 and P2 licence holders along with restricted licence holders cannot have any alcohol in their system when they are driving. The same applies to those driving vehicles such as tractors, taxis, buses, tow trucks, limousines etc.

For these licence holders making the mistake of having even one drink and getting behind the wheel may see them lose their licence. Driving the next day after a big night is another way people get caught out. If this applies to you and you are pulled over with this reading, you may lose your licence for a minimum of 3 months and a fine. Your licence will be suspended on the spot for 24 hours. You can resume driving after this until your court date where you will be formally charged.

General alcohol limit

If there are no limitations on your driver's licence, you fall under the general alcohol limit, and this means you can drive with alcohol in your system however, it must be under 0.05%. You may have heard of the alcohol guidelines that state that a man can consume 2 standard alcoholic drinks in the first hour and one each hour thereafter. For women, it's one standard drink per hour. Many factors can affect the rate that your body breaks down alcohol, and for this reason, the guidelines should never be used as an indicator of whether you are over the legal limit or not. If you plan on having a few drinks, organise alternative arrangements to get home to be sure. Being convicted of a low-range drink driving charge carries a one-month minimum disqualification period and a fine. You may be able to apply for a work licence. Your licence will be immediately suspended by the police for 24 hours. After this, you can drive again until your court date.

Middle alcohol limit

A middle alcohol limit is having a BAC of 0.10 or over. It is considered a serious driving offence that carries harsh penalties. Here in Queensland, you will lose your licence for a minimum of 6 months, and you will receive a fine as well. Your driver's licence will be suspended by police immediately, and this will be enforced until your court date.

High alcohol limit

Having a high alcohol limit while driving is a serious charge, and the courts here in Queensland take a tough stance against such offences. For a BAC of 0.15% or over, you will receive a minimum 6-month licence loss and a fine. Your car may also be fitted with an alcohol interlock device. You cannot apply for a work licence with a high range drink driving charge.

Is it an offence to drink alcohol while driving?

Drinking alcohol while driving is illegal. Under Section 300A of the Transport Operations (Road Use Management – Road Rules) Regulation, it is an offence regardless of whether you are under the legal limit or not.

Factors that can influence your BAC

Many things can affect your BAC, here are some common ones:

  1. Your metabolism
  2. How old you are
  3. Whether you are male or female
  4. If you have eaten or not
  5. Your body type
  6. How your body tolerates alcohol
  7. The strength of your drinks

Other penalties from drink driving

It's not only a disqualification period and a fine you can receive from drink driving. Some other penalties include:

  1. Community service
  2. Probation
  3. Imprisonment
  4. A conviction recorded
  5. Alcohol interlock device installed in your car

Will I have a conviction recorded against me for drink driving?

This is a common question, and understandably so, no one wants a conviction recorded against them. When pleading guilty or being found guilty of a drink driving offence, the Magistrate will need to determine whether a conviction will be recorded against your traffic history. The decision is at the discretion of the Magistrate, and if it is something you are concerned about, you should seek legal advice as soon as you can.

If you are facing a drink driving charge here in South East Queensland and need to speak to a lawyer that specialises in this area of the law, contact our highly skilled team here at Drink Driver Lawyer!

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Uncategorized https://www.prolawguide.com/blog/drink-driving-is-it-a-criminal-offence-here-in-queensland/ https://www.prolawguide.com/blog/drink-driving-is-it-a-criminal-offence-here-in-queensland/ Editor Wed, 28 Jul 2021 04:39:04 -0400
What Kind of Damages Can You Expect After a Motorcycle Accident? Motorcycles are often involved in accidents, and in 46% of cases, they result in major injuries. Even though motorcycles make up around 3% of all registered vehicles, they are involved in 14% of all fatal collisions. This means that there is a strong chance that you will be involved in a motorcycle accident at some point. And if you were a victim, you should know what you can seek damages if another party is deemed negligent. Let’s take a look at the type of damages you can sue for after a motorcycle accident.

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Material Costs

This is the first type of damage you can seek damages for. You can get compensated for any repair that needs to be made on the motorcycle. In some cases, the cost of repairs will be higher than the value of the vehicle. This is when it’s declared a total loss. Your insurance company will then pay you fair market value for the motorcycle.

Medical Costs

This is the second type of damage in most motorcycle accident cases. This includes costs incurred so far and in the future. Note, however, that in some states, you might not be able to sue the other party for certain types of damages and it might be covered by your insurance company instead. This is the case in no-fault states, like Michigan, for instance.

So, if you were involved in an accident there, it would be a great idea to speak with Michigan motorcycle accident lawyers who will be able to tell what costs you can recover and what you can sue the other party for.

Loss of Earning

Some people may think that you can only sue for lost wages, but that’s not the case. If the accident affects your ability to earn a living in the future, then you have the right to seek damages for that. Some people may not be able to get back to the work that they did before. You might still be able to work, but on a lower salary, so it’s only right that you get compensated.

Mental Anguish and Pain and Suffering

This is one of the most cryptic parts of personal injury cases because it’s so difficult to quantify. In short, pain and suffering and mental anguish are the pain and emotional distress you have to deal with every day because of the accident. You may not be able to practice activities that you did before or you may suffer from post-traumatic stress. These are all things that you could and should seek compensation for.

Punitive Damages

Punitive damages are when neglect is so severe that it should be punished. This is often the case if the other driver was under the influence. This can also be if they engaged in reckless behavior, like racing, for instance.

Wrongful Death

If the accident resulted in a fatality and the other party is responsible, compensation may be sought as well. The lawsuit will usually be filed by the victim’s immediate family.

These are the type of damages you can seek compensation for in a motorcycle accident case. Make sure that you speak with someone familiar with these and can give you tips to maximize your compensation.

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Uncategorized https://www.prolawguide.com/blog/what-kind-of-damages-can-you-expect-after-a-motorcycle-accident/ https://www.prolawguide.com/blog/what-kind-of-damages-can-you-expect-after-a-motorcycle-accident/ Editor Tue, 29 Jun 2021 23:08:14 -0400
What Is Joint Custody? Custody concerns are some of the most complex and emotionally fraught divorce concerns. If it involves your children and your parental rights, it’s important, and you owe it to yourself to carefully address the matter with the professional legal counsel of an experienced Georgia family law attorney on your side.

Legal Custody and Physical Custody

Custody in the State of Georgia is separated into legal custody and physical custody.

Legal Custody

Legal custody refers to who will be making primary decisions on behalf of the children post-divorce. These include:

  • Decisions about where the children will attend school
  • Decisions about the children’s medical treatment and care
  • Decisions about the children’s extracurriculars
  • Decisions about the children’s religious upbringing

Legal custody can be either sole (one parent makes all of these important decisions on his or her own) or joint (both parents make these decisions together). If you are awarded joint legal custody, the court will give one parent final decision-making power for those matters that you are unable to decide together. This does not, however, give the parent with tie-breaking authority the right to make unilateral decisions (a good-faith effort at joint decision-making is required). 

Finally, the decision-making power associated with legal custody can be divided according to category. For example, one of you may take on those decisions that relate to education and religious upbringing, while the other takes on those related to medical care and extracurriculars.

Physical Custody

Physical custody relates to how the children split their time between both parents. Physical custody can also be either sole or joint, or could be primary/secondary. It’s important to note, however, that Georgia courts base all decisions related to child custody on the best interests of the children involved, and because it is generally accepted that children fare better when they maintain a relationship with both parents, it is very rare for a parent to lose all visitation (without a compelling reason for making such a drastic decision). Physical custody can be shared equally or nearly equally, or one parent can become the primary physical custodian while the other has secondary physical custody (with a visitation schedule).

Relevant Factors

The factors that courts take into careful consideration in determining how joint custody arrangements will play out include:

  • The home environment provided by each parent
  • The mental and physical health of each parent
  • The emotional ties each parent has forged with the children
  • Each parent’s ability to provide the children with basics, such as food, clothing, and health care
  • Each parent’s relative stability
  • Each parent’s willingness to participate in fostering an ongoing relationship with the other parent

Speak with an Experienced Georgia Family Law Attorney Today

Custody concerns are major divorce concerns, and the distinguished family law attorneys at Banks, Stubbs & McFarland – proudly serving both Forsyth County and Cumming, Georgia – are committed to zealously defending your parental rights in pursuit of child custody arrangements that work for you and your children. We’re here to help, so please don’t hesitate to contact us online or call us at 770-887-1209 for more information today.

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5 Common Criminal Offenses in Arizona  Arizona's criminal justice system is also complex. You may be faced with multiple legal issues and jargon, which can be confusing. If you lack legal representation, this makes it more complicated. And this is why it's critical to hire a criminal defense attorney when charged with a criminal offense.

What are the common criminal offenses in Arizona?

  1. Violent crimes

Violent crimes are felonies whereby the perpetration issues threats that result in physical or mental harm. In such crimes, the victim is harmed by the threats. However, the Tucson Criminal Defense Attorney will tell you that the degree of violence depends on other aspects. These include the use of weapons, the intention of the offender, and their criminal background. 

Examples of violent crimes are;

  • Assault
  • Sexual assault
  • Armed robbery
  • Rape
  • Domestic abuse and more
  1. White-collar crimes 

These are non-violent but financially motivated. They are considered environmental crimes, extortion, fraudulent schemes, regulatory crimes, and more. Moreover, such felonies are committed by people of high or respectable social status. They are common among high-ranking employees against companies.

Examples include:

  • Bribery
  • Fraud
  • Insider trading
  • Embezzlement
  • Ponzi schemes
  1. Property crime

Property crimes are common in Arizona. They involve the destruction of another person's property but don't involve the use of threats or force. These are primarily unlawful entry or burglary to steal from the property owner. Examples of such crimes are;

  • Shoplifting
  • Theft
  • Arson
  • Burglary 
  • Auto theft
  1. 4. Public Order Crime

Public order crimes are acts that don't conform to society's social behavior and values. In such a crime, there's no victim, but the offender still violates criminal law. These are, for instance;

Drunkenness- Drunkenness involves alcohol or public intoxication.

Illegal gambling: Illegal gambling involves betting or wagering that's prohibited by the state laws. Legal gambling casinos don't exist in the state, but players use offshore sites to play real money games.

Illegal drug use: Illegal drugs are found at an alarming rate in the state of Arizona. The commonly abused drugs; Methamphetamine, Cocaine, Heroin, and Marijuana.

Paraphilia- This is a sexual act that's considered abnormal.

Pornography: Is the representation of sexual behavior in images, books, and other media with the intent to cause sexual excitement. 

Prostitution: Prostitution is engaging in sexual acts for monetary gains. Paraphilia also falls in this class if done for payment in cash or kind.

  1. Organized crime

This refers to an established group of individuals aiming to engage in criminal acts. Such groupings are organized and engage in various illegal activities. They also have a strong support network. 

Examples of organized crimes in Arizona are;

  • Extortion
  • Bribery
  • Counterfeiting
  • Organized prostitution
  • Murder for hire
  • Drug trafficking

 What should you know about criminal charges in Arizona?

The criminal justice system assumes innocence on an offender until proven guilty. This means that the accuser has to prove that you're guilty to face criminal charges. For minor charges, you'll be asked to represent yourself in court after the charging. In some cases, an arrest warrant will be issued, whereby law enforcers can apprehend you. This then translates to more trouble, for it means that you're avoiding facing the charges.

All in all, you need an attorney to guide you and represent you. The professional will interview you to get all the details concerning the case. He or she will also conduct further investigations to find ways of acquitting the defendant. The lawyer will also bargain with the prosecutor to get a favorable plea and reduce the possible punishment or charges.

Final thoughts

There are various types of criminal cases in Arizona. If you're charged with the crimes mentioned above, don't panic. Instead, contact a criminal defense attorney to help you out. These professionals are always willing to stand for the rights of people who need them.

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Uncategorized https://www.prolawguide.com/blog/5-common-criminal-offenses-in-arizona/ https://www.prolawguide.com/blog/5-common-criminal-offenses-in-arizona/ Editor Mon, 14 Jun 2021 22:50:23 -0400
What is Bad Faith Insurance? Let’s say you’re involved in a car accident. After making sure you’re safe, one of the first things most of us would do is to call our insurance company. Immediately reporting the accident will ensure the ball gets rolling on your insurance claim so you can get back on the road. If it’s a valid claim, your insurance company should be there for you—right?

This isn’t always the case. In many cases, an insurance company may act in bad faith, which means they’re not honoring their end of the bargain. While most people are shocked that their insurance companies would act in such a way, it’s important to remember that these companies are still trying to make a profit. Paying out on as few claims as possible is how insurance companies make money.

But how do you know if your insurance company has acted in bad faith? What even does this look like? Here, we’re taking a closer look at bad faith insurance and determining what you can do if you believe you’ve been the victim of this issue.

WHAT IS BAD FAITH INSURANCE?

When you purchase an insurance policy (whether it’s car insurance, life insurance, or any other type of insurance), you’re essentially entering into a contract with the insurance company. In return for your monthly payments and any premiums, the insurance company is agreeing to provide compensation in the event of an accident or any other event that is included in the insurance policy. In a car insurance policy, for example, this could range from something as simple as repairing a windshield to completely replacing your vehicle if it’s totaled in a serious car accident.

This sounds like a fair agreement, right? Well, it isn’t always so simple. In some cases, your insurance company may fail to hold up their end of the bargain. By failing to honor the coverage outlined in your policy, your insurance company is acting in bad faith. There are many different ways that an insurance company can act in bad faith, but most come down to simply refusing to pay a valid claim or failing to pay the full amount of a claim.

But this doesn’t mean you should simply accept this state of affairs. While most insurance companies work hard to honor valid claims (quickly and accurately), bad faith insurance does still happen. If you think it may have happened to you, you’ll want to call a bad faith insurance attorney to learn what you can do next.

EXAMPLES OF BAD FAITH INSURANCE

Essentially, bad faith insurance occurs when an insurance company breaches their own contract with a customer. But what exactly does this look like? It’s important to note that an insurance company isn’t acting in bad faith just because they deny a claim. However, if this denial is from a perfectly valid claim (as outlined in your specific policy), then the company might be acting in bad faith—which means you should consider hiring a bad faith attorney.

To better understand this concept, here are some of the most common instances of bad faith insurance:

  • Denying a valid claim without cause.
  • Delaying a claim for an unreasonable amount of time.
  • Failing to fully pay out on a valid claim.
  • Offering a “low ball” settlement.
  • Failing to conduct a thorough investigation.
  • Misrepresenting the language of a policy.

If any of these actions sound familiar, you should call a bad faith insurance attorney. Even if they don’t end up taking your case, they can help you better understand the legal circumstances and determine whether or not you were the victim of bad faith insurance.

WHAT CAN A BAD FAITH INSURANCE ATTORNEY DO FOR YOU?

If you believe you’re the victim of bad faith insurance, you should reach out immediately to an experienced bad faith insurance attorney. These professionals can provide the knowledge and expertise to help you understand—and potentially win—your case.

You don’t want to face off with your insurance company alone. Understanding the particulars of your coverage can be much more challenging than most of us initially imagine. Let’s be honest—how many of us actually read our entire insurance policy word by word? Well, you can be sure that the insurance company (and their lawyers) know your policy inside and out.

Large insurance companies have entire teams of lawyers who focus solely on these types of cases. By working with a bad faith insurance attorney, you’ll have someone in your corner who knows how to fight—and win—these types of cases. They’ll ensure you aren’t bullied by the insurance company or other lawyers and that you’ll have the tools and information to potentially win your case.

WHAT DAMAGES CAN YOU RECOVER IN A BAD FAITH INSURANCE CASE?

In a successful bad faith insurance suit, the courts will see to it that your insurance company honors your claim and pays out the full amount. However, there are additional damages you can recover in a bad faith insurance case.

In addition to receiving the claim amount, you may also receive compensation for:

  • Attorney fees.
  • Emotional distress.
  • Punitive damages.
  • Statutory penalties.

CONCLUSION – WHAT IS BAD FAITH INSURANCE?

Just think about it. If you’re in a car crash, you’d call a car accident law firm. If you’re in a bicycle accident, you’d want to work with an experienced bicycle accident lawyer. So, where do you turn if you’re the victim of bad faith insurance? A bad faith insurance attorney, of course. These professionals can help you understand your case, assess the most logical course of action, and if needed, fight for you in court.

It’s the responsibility of your insurance company to honor any valid claims on your policy. That’s what you’ve been paying for month after month, right? However, this doesn’t always happen so smoothly as insurance companies may act in bad faith. If your insurance company fails to pay on a valid claim, delays payment, offers a “low ball” payment, or fails to conduct a thorough investigation, they’re acting in bad faith. Call an experienced bad faith insurance lawyer to ensure that you receive fair financial compensation.

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Uncategorized https://www.prolawguide.com/blog/what-is-bad-faith-insurance/ https://www.prolawguide.com/blog/what-is-bad-faith-insurance/ Editor Thu, 10 Jun 2021 23:02:03 -0400
The Law on Using VPNs: Is It Legal to Use a VPN?

VPN is a great tool for online security and privacy. It can also help us bypass geo-restrictions and online censorship. However, is it legal to use a VPN? In this article, we will discuss the law on using VPNs.

What Is VPN?

VPN stands for Virtual Private Network. In a nutshell, a VPN protects your internet connection from data surveillance by people who could want to use your internet connection for purposes you don’t want them to.

How do I use a VPN?

VPNs come in a variety of flavors and varieties, ranging from the free VPN software which is easy to install to paid VPNs that cost a lot of money. Using a VPN is kind of like using a tin can to block data from being collected on your internet connection. To use a VPN, you just download and install the VPN software or mobile APP. When you went to use it, you can choose a VPN server and connect to it.

Benefits of Using a VPN

Thanks to the emergence of VPNs, internet privacy has never been this good. There are a number of reasons to use a VPN.

You can use VPN to protect your online activities from monitored or accessed by hackers. You can also use a VPN to bypass geo-restrictions by connecting VPN servers in other countries. For example, a Japan VPN will allow you to pretend to be visiting the internet from Japan. For this purpose, please have been looking for the best VPN for Netflix to access Netflix libraries from other countries.

In addition, a VPN can be used to bypass online censorship. For example, you have to reply on one of the best VPNs for China to unblock websites such as Google and Twitter in China. "VPN推荐" (or VPN recommendations) is a popular search terms for Chinese internet users.

Is It Legal to Use VPNs?

A VPN is not illegal in itself. It's just a way for an internet user to mask their IP address, making it harder to trace where they are. In other words, a VPN allows internet users to access the internet anonymously. There are no laws that forbid internet users from using a VPN. However, a VPN can be used for illegal things like child pornography and piracy.

While using a VPN is not illegal in itself, there are laws that can be used to prosecute or target people who are using it for illegal purposes. In some countries, it's illegal for internet users to not only have an anonymous IP address but also use a VPN. Laws in the US are similar to those in Europe. For instance, some US states require that internet users use a VPN to access certain websites, like those dealing with gambling.

VPN laws in different countries

When using a VPN in a particular country, the right to privacy also depends on the laws of that country. In some countries, VPN is illegal to use. Laws against VPN can vary from country to country and a lot of them have been changed. Most VPN providers, both in online and offline business, have a certain amount of money invested in it, making the company vulnerable to certain laws. It is very unlikely that such a company is going to break any laws. Therefore, those countries where there are no restrictions on VPN are considered safer for using it.

United States & Canada

Currently there are no laws restricting or prohibiting the use of VPNs in the United States and Canada.

China

Using VPN in China is difficult because the so-called Great Firewall of China not only blocks websites but also block VPN traffic. Most VPN don't work in China. In China it's illegal to provide VPN services without the government's approval. Although it's not clearly whether it's illegal to use VPNs in China, in recent years there were a number of cases in which people were fined or using VPNs in China.

Pakistan

In Pakistan, a VPN can be used in Pakistan without a license. However, using a VPN for any unlawful purposes could land you in jail.

Malaysia

In Malaysia, an activity is illegal only when it’s deemed unlawful by the government. VPN services are not regarded as illegal unless the specific act of using it is against the law.

UK

In the UK, there are certain activities which can be considered illegal, including activities that could damage society, such as vandalising telephone or internet cables. However, there are certain activities which are not illegal unless it is defined as illegal by law, such as downloading pornographic material.

Conclusion

In general, you can use a VPN on your desktop computer without legal trouble, but make sure that you do not violate any local laws. If you’re a business owner, make sure to follow the local laws, since they will probably affect your business. 

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Uncategorized https://www.prolawguide.com/blog/the-law-on-using-vpns-is-it-legal-to-use-a-vpn/ https://www.prolawguide.com/blog/the-law-on-using-vpns-is-it-legal-to-use-a-vpn/ Editor Fri, 04 Jun 2021 06:57:09 -0400
Protecting Mental Patients' Health Information In The U.S.

HIPAA is an act in the U.S. that aims to protect the confidentiality of patients who receive medical treatment.

The act also provides patients with peace of mind that the information disclosed within sessions will remain private under most circumstances. It is a vital point within the mental healthcare environment, as a previous lack of trust was a common barrier and concern for many patients seeking help.

HIPAA and Mental Health Professionals

Protecting patients’ information privacy is one of HIPAA’s most important goals. However, sometimes it might not be as easy as it sounds, especially during mental health treatment. In such cases, the therapist might face a situation where they are forced to share information with the patient’s parent, spouse, guardian, other physicians, or even with law enforcement officials.

The law helps to protect both patients in therapy as well as the therapists. It ensures patient confidentiality as well as helping improve the treatment by incorporating physicians and patients’ near ones in the process.

Under HIPAA act, a mental health professional may share pertinent medical information (information directly related to treatment) with people involved in a person’s care if the patient:

  • Has agreed.
  • Has been allowed to object and has not objected.
  • Do not object to bringing a partner to treatment or having a parent help schedule sessions and pick up prescriptions.
  • Is incapable of making decisions because he or she Is unconscious, delirious, experiencing psychosis, or intoxicated.

Therapists can share information about a person’s care with other members of their healthcare team. However, psychotherapy notes or any information regarding substance abuse treatment from a licensed treatment program are excluded from the information. For minors or clients who rely on others to make their healthcare decision, a therapist is allowed to share information directly related to care with the representative or caregiver, except when there is reasonable doubt that they are causing harm or acting against that person’s best interest.

HIPAA compliance requirements are unilateral. While a therapist or other healthcare provider cannot always disclose information about the person they are working with, family members and loved ones are always allowed to share information about a person’s mental health with the care provider.

How is HIPAA in the Mental Health Field Different?

Some of HIPAA’s more general requirements do not directly translate to those needs of a small private practice. Therefore, HIPAA training for therapists may vary somewhat from regular HIPAA training for health care providers. The responsibilities of therapists include upholding the requirements and complying with HIPAA. However, therapists often have to resort to using the information provided to them in training to determine the best approach in complying with the law. For instance, using a non-HIPAA-compliant email system to inform clients that email communications, for example, may not be secure.

When a therapist resorts to acting based on the belief that their client is in danger or can potentially put someone else in danger; the therapist will normally not be penalized.

Most therapists record and keep psychotherapy notes and/or documentation of their thoughts during a session that pertains to their client’s condition, progress, or lack thereof. These notes recorded by therapists are covered under HIPAA. If these notes are kept separately from the rest of the person’s record, they can be kept confidential in most instances, and therefore, do not have to be shared with insurance companies, parents of clients, other care providers, or even the client.

Learn More About HIPAA And How to Stay Compliant

There are a lot of online resources available these days to help you learn the HIPAA requirements. The resources not only provide detailed information about the required standards but also includes the recent updates. When you do online research, try your best to get the information from trusted and verified sources, like the websites of prominent healthcare institutions or other medical agencies.

Many covered healthcare providers, as well as business associates, also use HIPAA Compliance Management software solutions. These modern solutions offer a way to simplify compliance, starting from employee training to managing business associate contracts to developing policies and procedures.

Author Bio: Riyan N. Alam is a digital marketing analyst at CloudApper, a supplier of mobile ERP solutions, including HIPAA compliance software, facility management software, sales force management software, and many more. Combining his passion for reading books, he writes about subjects valuable to people and their daily lives. Riyan loves traveling and trading in his free time.

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Uncategorized https://www.prolawguide.com/blog/protecting-mental-patients-health-information-in-the-us/ https://www.prolawguide.com/blog/protecting-mental-patients-health-information-in-the-us/ Editor Wed, 19 May 2021 10:46:15 -0400
Are You Eligible to Receive Compensation After a Slip and Fall? Slip, trip, and fall accidents are inevitable; they can happen anytime, anywhere.

Whether you stumble down the stairway at home, trip over uneven steps at an apartment complex, or slip on an icy or snowy surface, there’s a chance you could suffer serious injuries.

Sadly, most people who get injured in a slip, trip, and fall accident do not take any legal action. What such individuals don’t know is that they could be eligible to receive compensation, particularly if they can prove that the incident resulted from another party’s negligence.

Determining who is responsible after slip and fall accidents in Florida

Personal injury cases involving slip and fall accidents are governed by premises liability laws. These laws affect virtually everything from liability to the deadlines you must fulfill if you want to file a lawsuit.

In Florida, premises liability law states that property owners owe those who live or visit their property the duty of care. They must ensure safety within the property at all times and warn visitors or tenants of any dangerous conditions that exist on their property.

If you get injured in a slip, trip, and fall accident at an apartment complex, in another person’s home, or a hotel or retail store, you may be eligible to seek compensation for your injuries. To bring a premises liability claim against the negligent party successfully, however, you must prove that the owner failed in their duty of care by not:

  • Maintaining their property correctly,
  • Inspecting their property for any potentially dangerous conditions
  • Repairing any unsafe condition and/or
  • Warning entrants about any hazardous conditions on the property

How much can I recover after a slip and fall accident?

The exact amount of compensation you qualify for after a slip and fall accident will vary from case to case. After all, no accident happens the same.

However, damages such as medical expenses, pain, and suffering, lost wages, and loss of earning capacity will help determine the exact amount of money you are eligible to collect. An experienced premises liability lawyer can help you estimate your claim’s value and ensure that you get just that.

You need a premises liability lawyer if you get injured in a slip and fall accident

After a slip and fall accident, sometimes the liable party may come to you, apologize directly and make you a settlement offer. Such parties will even be willing to negotiate your settlement request, especially because they acknowledge their mistake.

Nevertheless, that’s now how it always turns out. Some property owners will deny responsibility for your injuries and even argue that you got injured elsewhere. That’s where the services of a reputable West Palm Beach premises liability attorney come in.

A knowledgeable and compassionate lawyer will make certain that a police report has been filed, examine your medical records, and gather all the necessary evidence to ensure they build a strong case. They will also handle settlement negotiations and even represent you at trial if it comes to that.

Don’t be a victim of a negligent party.

Thousands of people get injured in a slip, trip, and fall accident, and if it ever happens to you, you must seek medical attention immediately after the incident.

If you suspect that another party is responsible for your injuries, you’ll have a better chance of receiving compensation with a skilled slip and fall accident lawyer on your corner. The suitable West Palm Beach premises liability attorney will handle every aspect of your case to ensure you get what you deserve.

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Uncategorized https://www.prolawguide.com/blog/are-you-eligible-to-receive-compensation-after-a-slip-and-fall/ https://www.prolawguide.com/blog/are-you-eligible-to-receive-compensation-after-a-slip-and-fall/ Editor Wed, 12 May 2021 09:58:58 -0400
Benefits of Having a Truck Accident Lawyer Traffic accidents are dangerous – and often terrifying – but truck accidents put a much finer point on the matter. To make matters extra difficult, truck accident claims are exceptionally complicated. If you have been injured by a truck driver’s negligence, the benefits of having an experienced NYC truck accident lawyer on your side are nearly immeasurable.

Assessing Your Damages

At the heart of your truck accident case are the losses you’ve incurred, which will be addressed as damages in your claim. In order to provide yourself with the opportunity to fully heal from the injuries you’ve sustained, you’ll need to obtain the compensation to which you are entitled, and your dedicated truck accident attorney is well-positioned to help you do just that. Such damages can include:

  • Your medical expenses, which are likely to be extensive
  • Your lost earnings, which can extend to a loss of earning potential
  • Your physical and emotional pain and suffering, which can easily rival your other damages

A knowledgeable truck accident lawyer will help ensure that all of your damages are included in your truck accident claim.

The Insurance Company

Your claim will proceed through the trucking company’s insurance provider, and as such, there are a few things that it is important for you to know, including:

  • The insurance company is a for-profit enterprise that is committed to maximizing those profits.
  • The insurance company is not on your side and will do what it can to reduce the compensation you receive.
  • The insurance company has many methods at its disposal for keeping your settlement as low as possible.

While you tend to the daunting task of recovering from your injuries, your experienced truck accident lawyer will negotiate with the insurance company on behalf of a beneficial settlement.

Negotiating with the Insurance Company

The primary benefit of having an established truck accident attorney on your side is that he or she will skillfully negotiate with the insurance company for you. The insurance representative assigned to your claim is adept at handling claimants like you to the insurance company’s advantage – by eliciting unintentionally damaging statements, by pushing vulnerable claimants to accept paltry settlements early on (out of desperation), and by causing exhausted claimants to ultimately give up in frustration (to name but a few). With a truck accident attorney by your side, you won't need to concern yourself with these less-than-savory practices. Finally, if the insurance company refuses to negotiate in good faith, your truck accident attorney will be well-positioned to move forward toward trial.

Call an Experienced NYC Truck Accident Lawyer Today

If a truck driver leaves you injured in a truck accident, the accomplished truck accident lawyers at Lipsig, Shapey, Manus & Moverman – one of the oldest and most respected personal injury firms in New York City – have the experience, knowledge, and legal insight to help you obtain the compensation to which you are entitled. We are here to help you, so please don't wait to contact or call us at 212-285-3300 for more information today.

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Uncategorized https://www.prolawguide.com/blog/benefits-of-having-a-truck-accident-lawyer/ https://www.prolawguide.com/blog/benefits-of-having-a-truck-accident-lawyer/ Editor Tue, 06 Apr 2021 23:10:29 -0400
Negligence in the health care sector and the rights of victims Personal injury laws cover accidental harm in medical treatments. Additionally, the health workers’ wellbeing is also the responsibility of the employer as due to numerous reasons, health workers can sustain injuries. Considering the risk of coronavirus, the working conditions of health workers has been more difficult. The health workers’ mental and bodily health should be provided by designing suitable and reasonable work schedules, assessing the risk factors and eliminating them and by providing sufficient medical protective equipment.

Medical professionals’ duty to perform treatment at acceptable standards

The standards set in medical treatments is of crucial importance as a lack of reasonable care can worsen the patient’s medical condition and result in permanent harm. Failing to comply with the obligatory procedures in any phase of treatment can interrupt the whole treatment process. Throughout the treatment, the same attention should be given to the patient’s needs. Almost every medical process starts with the diagnosis of the patient’s medical condition. A mistake made in the beginning by diagnosing the patient’s condition incorrectly will lead to deviation of the whole process.

Although mistakes can be made unintentionally, the purpose of the duty of care is to minimise the medical professional’s proneness to make mistake. Medical professionals are obliged to perform treatments just as other reasonable peer’s do. This means, the procedures specified in the medical standards should be followed as ignoring these have higher chances of complications.

The doctor’s duty of care

Medical professionals should administer treatment suitable for standards. Neglecting duties in medical professions can result in serious and incurable conditions. Throughout the treatment, the services that are to be provided to the patient should be of what duties specify. Ignoring compulsory procedures such as the evaluation of the patient’s medical history before proceeding with further treatment has chances to cause harm. For instance, the patient could be in ongoing drug therapy. Generally, an individual without a medical education is likely to be unknowledgeable about how chemicals react with each other. For this reason, it is the doctor’s duty to evaluate the medical condition, ongoing drug usage and the physical history of the patient before prescribing medications.

In every stage of treatment, the duty of care should be obeyed. Even the simplest omissions can be the cause of a major loss. Such as counselling the patient incorrectly. Great risks may be posed to the patient if medical attendants fail to perform their duties. In a dental operation, the patient’s respiratory system can be severely damaged due to the dentist’s negligence. In a surgical operation, the patient’s muscular and nervous systems may malfunction and irreversibly and permanently harm the patient.

Health worker rights and the duty of care of the employers

Under the workers compensation scheme, the health workers that sustain a loss due to bodily or emotional harm may be eligible for compensation. The employer’s duty is to sustain safety in the medical centre both for the patients and the medical professionals. It is fair to say that neglecting responsibilities to provide safety in a medical centre has a chance to result in more serious accidents. The employer’s contribution to the risk factors is considered negligence, as stated in the laws. Work-related emotional distress is more common in medical professions. This is a factor that negatively affects both the doctor’s and the patient’s safety.

Coronavirus infection poses an additional risk to health workers. Being in the front lines against the coronavirus can be a stressor for health workers. For this reason, applying suitable and nonhazardous work schedules for health workers, providing sufficient protective equipment and a safe work environment is requested by the laws.

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Uncategorized https://www.prolawguide.com/blog/negligence-in-the-health-care-sector-and-the-rights-of-victims/ https://www.prolawguide.com/blog/negligence-in-the-health-care-sector-and-the-rights-of-victims/ Editor Wed, 31 Mar 2021 00:06:59 -0400
Must know rules regarding public accidents before starting a business Even if you are performing perfectly in your business, you can suddenly find yourself in trouble if you hinder your responsibilities about the visitors’ wellbeing. If you can’t provide a safe environment as the owner of the business place, the job you do, your skills and the commitment to your work are worthless. Starting a business is a sensitive matter. Both for your finances, and for the management-wise. You are liable for your business and the business is liable for the visitors’ wellbeing. This is what the personal injury laws state.

Businesses are responsible for every aspect of the consumer-provider journey

Regardless of what sector you are performing in, your visitors and customers should be equally treated as your workers and employees. This means, the wellbeing of all in the business place should be safe and ensured. For specific sectors, fulfilling these duties and meeting the obligatory safety requirements can be more difficult. As an example, the duty of care can be fulfilled simply by taking preventive measures for water leakages, falling objects, slippery floors and possible electrical failures. On the other hand, if you are in the food sector, there can be many other additional risk factors due to many reasons. Firstly, a restaurant is likely to be more crowded than a car dealer. Second, additional risks posed by contaminated food, coronavirus disease and external causes –such as other customers contacting with objects that they shouldn’t- can be harder to control. Nevertheless, these duties shouldn’t be neglected. The duty of care should be fulfilled at all costs. Failing to do so means facing a compensation claim if the visitor sustains any loss.

From the victim’s perspective, these small omissions can lead to long and painful conclusions. An unignorable number of accidents end up with hospitalisations, permanent injuries and even a fatality. As the post-accident medical condition of the victim can decrease one’s quality of living, the personal injury laws demand from the liable party to cover the loss of the victim. There is one critical point in personal injury claims that the majority of the defendants fail to understand. These accidents occur from foreseeable causes. Even if the business did not intend to neglect their responsibilities, the loss of the victim can still be caused by them. An example of this is the slip, trip and fall accidents. Failing to take action timely is also the negligence of business. There is a good example to give to demonstrate this situation. There are tiny brooms under the sliding automatic doors that we encounter in shopping centres, banks and other commercial places. The purpose of these brooms is to wipe the wet floor as much as possible as visitors of these places can accidentally bring rainwater into the store on a rainy day.

Usage of contaminated products are more common than it can be thought

Committing such action is directly considered negligence and the business can be penalised for this action. Considering the damages of contaminated consumer goods such as meat, milk and greens, the victim can suffer major infections that may negatively affect the victim’s life. On the other hand, the conclusions for the business can be really tough.

Food poisoning isn’t something that can be underestimated. While the chances of sustaining the illness in worse conditions are greater for elderly people, everyone can be infected, and the damages can be permanent. Preventing these situations is a good reason to work with great gastronomy skills. Acute food poisoning can prohibit the victim to work and earn. This means, the income loss and the medical expenses of the victim are to be recovered from the business as well as the lump sum payment if the health condition of the victim is serious.

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Can You Sue Your Employer if You Were Injured on a Construction Site? Construction sites are inherently full of dangers. The industry has one of the highest accident rates of any field. You could fall off a building or into an open excavation. People may be electrocuted or hit by a forklift. However, not all such accidents can lead to a personal injury claim. Can you sue your employer if you were injured on a construction site? It depends on the nature of the accident and who was injured. Let’s take a look at a few factors that could affect your ability to sue.

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The Role of Workers’ Compensation

Workers’ compensation is a program designed to take care of workers injured on the job or who develop an occupational illness. The workers’ compensation insurance program is supposed to cover their medical expenses and make up for lost income. It doesn’t include pain and suffering.

Workers’ compensation also limits employer liability for workplace accidents. Employers are required to carry workers’ compensation insurance, and the policy acts as a no-fault insurance program. This means that most employees cannot sue their employers for workplace accidents. However, there are exceptions. Let’s look at some of the limited circumstances when an employee could sue the employer.

The Employer Intentionally Violated OSHA Safety Regulations

The employer is only protected from liability if they abide by OSHA’s health and safety regulations. If the employer intentionally engages in conduct that puts employees at risk, you may be able to sue your employer for the injuries you received. For example, construction companies may not properly communicate hazards or fail to provide respiratory protection for employees. These are among the most common reasons cited by OSHA. If you want more information on this, mottazsiskinjurylaw.com enumerates some of the biggest dangers of construction and names the "Fatal Four" types of workplace accidents.

The Accident Was Caused by an Independent Contractor

We’ve already explained how workers’ compensation precludes most employees from suing their employer. However, you could sue the independent contractor whose negligence caused the accident. That includes electricians, plumbers, and any other subcontractor. For example, an electrician whose mistakes caused serious burns for a construction worker could be sued by them if it is due to their negligence.

The Accident Was Caused by Defective Work Equipment

If the accident was caused by defective work equipment like power tools and safety equipment, then there is no employee-employer relationship involved. You could file a product liability claim against the manufacturer of the item, its distributor, or the retailer. For example, you could sue the manufacturer of welding equipment, work trucks, or safety harnesses if they malfunction or fail to work properly, leading to an injury. In our prior example involving the electrician’s work leading to serious burns, if a bad fuse was to blame, then you could sue the fuse manufacturer.

The Injured Person Isn’t a Construction Worker

Employees typically need to file a workers’ compensation claim, whether they’re a construction worker, a commercial driver briefly on the construction site, or an office worker visiting the site. However, a non-worker could file a construction-related injury. For example, pedestrians walking along the sidewalk near a construction zone or drivers on a nearby road hit by debris could sue the construction company. Their only option would be a personal injury claim.

Workers’ compensation results in fast, almost guaranteed assistance when someone is injured on the job while requiring employees to give up their right to pursue a personal injury case. However, you can sue employers or other liable parties who fail to uphold their end of the bargain.

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Breonna Taylor’s Family’s Legal Claims Against City of Louisville Settled for $12 Million Attorneys representing Breonna Taylor’s family have reached a $12 million agreement with the City of Louisville. Immediate family members can file wrongful death cases against parties whose negligence or intentional acts lead to a loved one’s death. Depending on several issues, such a case could settle for millions of dollars, as this one reportedly has. If you believe you have need a car wreck lawyer, read on.

The settlement, according to USA Today, includes a “significant amount of money reaching into the millions of dollars,” and reforms for the police department. They include changes in how search warrants are executed and policies to increase police accountability. It may be one of the largest settlements in Louisville police history.

Taylor was 26 when she was shot and killed when city narcotics officers served a warrant at her apartment early in the morning of March 13. Her boyfriend, Kenneth Walker, was with her at the time. Officers claimed they announced themselves before entering the apartment. Walker denies that. He had a pistol with him at the time and started shooting at the officers after the door flung open. They returned fire.

Walker claims he didn’t know they were the police, he thought they were intruders, and he was trying to defend himself and Taylor. Walker was arrested for attempted murder of a police officer. That charge was later dropped.

Sgt. Jon Mattingly was shot by Walker and later recovered from his injury. The police department fired Brett Hankison for “blindly” firing ten shots into Taylor’s apartment. Det. Myles Cosgrove was the other officer who fired his weapon that night. The state’s criminal case will be presented to a grand jury. They will decide if any the officers involved will face criminal charges.

A CNN review of the incident found multiple mistakes by officers. Before they came to her apartment, they assumed Taylor was alone. They also used a high-risk, forced entry under questionable circumstances, contributing to Taylor’s death.

CNN interviewed Walter Katz, a police tactics expert, who called the circumstances surrounding Taylor’s death “very problematic,” showing systemic flaws in Louisville police training and tactics. Police search warrants were aimed at possibly finding drugs in her apartment stored or hidden by a former boyfriend and accused drug dealer, Jamarcus Glover.

Walker stated they heard pounding on the door. He and Taylor yelled in response, asking who it was. Walker claimed there was no answer, he thought it might be Glover, and grabbed his pistol. He said he walked down a hallway to the door when it burst open. Taylor was shot multiple times. No drugs were found in the apartment.

If you believe a close family member was killed because of another’s negligence or intentional act, you may have grounds to file a wrongful death claim. They can be complex claims that must be thoroughly investigated, so contact us as soon as possible. If you need a car accident lawyer in Elizabethtown or the surrounding area in Kentucky, call the attorneys at The Fleck Firm for a free consultation at (270) 446-7000. We’ll talk about the incident, how Kentucky law may apply, and your best options to proceed. Insurance companies have lawyers. You should have one too.

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Important Questions To Ask Before You Hire A Personal Injury Lawyer After being involved in an accident, securing compensation for your injuries can be quite tricky. You may need to hire a personal injury attorney to compensate for your losses. An attorney helps to represent your interests during the settlement with the insurance company. It is always advised to contact and consult your case with an attorney first. However, one should remain vigilant and keep several questions before hiring a personal injury attorney. Many people don’t go through proper guides and end up regretting in the end. If you or your dear one was recently involved in an accident, then you have luckily landed on the right page. This article will guide you through the critical questions to ask before you hire a personal injury lawyer.

Have You Previously Handled Similar Cases To Mine?

It is always advisable to ask whether your injury attorney has handled cases related to yours or not. Though it is a simple question, many people might deem the inquiry unnecessary. However, always ask without shying away. It clears out many confusions, as one can then rely on their attorney if they have handled his type of case. It also makes sure whether the lawyer has the proper skills to settle your case or not.

How Much Time Would You Allocate To My Case?

Professional personal injury attorney values their time a lot. It would be best if you asked beforehand that how much time they would allocate to your case. It has been seen that lawyers often pick up many cases but are unable to devote equal time to each case. Moreover, some of the lawyers even assign your case to a third-party firm or team. It is important for you to clear out this factor to avoid confusion in the future.

How Long Would My Case Take To Be Solved?

Hiring a personal injury attorney is a great idea. However, it has been seen that the lawyer often keeps the case hanging, and the case takes too long to be resolved. It would be of no problem if you are not in a hurry, but if one wants their case to fix as soon as possible, it might cause a problem. So it is better to ask the lawyer first how long the case would take to get resolved. It also helps you not to get disappointed or pressured by the slow time frame.

Can I Speak To Previous Satisfied Clients?

Getting to know some reviews and recommendations makes you feel less worried and more confident. While you hire professional companies, you always look into their portfolio for your satisfaction. One should not get ashamed of asking for reviews from different and previous clients. One can always ask the personal injury attorney for their contact to confirm their credibility. This makes the bond between you and your lawyer strong. When one talks to previous satisfied clients, they feel more safe, confident, and optimistic towards their case.

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Common Areas Where Law Firm Clients Run Into Problems Over Winter Snow on the ground might look magical but winter can be a testing time for many law firm clients. Winter is often the period when clients get into financial difficulties, and many law firms also see an uptick in divorce inquiries immediately after the new year. Read on for a  list of some areas where your clients might need help around this time of year. 

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1. Debt

The average American has around $38,000 in personal debt, not including their mortgage. Although it’s not unusual to be in debt, having a large amount of debt can put clients under a lot of strain. Furthermore, excessive late or missed repayments can have a negative impact on their credit rating.

Fortunately, there are ways to effectively reduce debts. By consolidating loans, negotiating better interest rates, or paying off high-interest debts more quickly, clients can reduce the total amount they owe. But if that doesn’t work, they may end up being hit with lawsuits from disgruntled creditors.

Expert a few phone calls from clients over the next two or three months, as debt problems have massively escalated since the onset of the Covid-19 pandemic.

2. Foreclosure

Keeping a roof over their head is a top priority for most people, no matter what their financial situation is. If their property is in danger of being foreclosed, there may be actions they can take, but by finding a reliable foreclosure attorney, they are better placed to find out what their rights are. Furthermore, a specialist foreclosure lawyer may be able to have existing foreclosures set aside, so it’s well worth advising clients to seek legal advice. By taking action swiftly, you can potentially save your client’s home, and help them plan for the future.

3. Divorce Petitions

The new year is a busy time for divorce attorneys. Lots of couples were struggling by the end of last year, with pandemic leading to job losses, financial difficulties, and mental health concerns. After limping on over Christmas and New Year, it’s very common for couples to throw in the towel and see the advice of a divorce attorney in the new year.

If this is your area of expertise, expect to be rushed off your feet for a few months.

4. Employment Law

Another area where we can see an uptick in caseload this winter is employment law. Many businesses are struggling with the pandemic and associated worries. Lockdown restrictions have led to a large number of businesses hitting the buffers, especially those in the travel, hospitality, and retail sectors. You may see an increasing number of clients seeking assistance in how to legitimately lay off their employees or fight wrongful dismissal claims. There may even be lawsuits in the pipelines from employees claiming their employer exposed them to unnecessary risk from Covid-19.

Whatever area of the law you specialize in, you can look forward to an increase in the number of phone calls over the winter months. Are you ready to handle more clients?

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Uncategorized https://www.prolawguide.com/blog/common-areas-where-law-firm-clients-run-into-problems-over-winter/ https://www.prolawguide.com/blog/common-areas-where-law-firm-clients-run-into-problems-over-winter/ Editor Tue, 26 Jan 2021 02:55:11 -0500