Pro Law Guide: Blog Pro Law Guide: Blog https://www.prolawguide.com/blog/ Copyright by Pro Law Guide en Pro Law Guide Wed, 23 Jun 2021 12:04:40 -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
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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Uncategorized https://www.prolawguide.com/blog/must-know-rules-regarding-public-accidents-before-starting-a-business/ https://www.prolawguide.com/blog/must-know-rules-regarding-public-accidents-before-starting-a-business/ Editor Wed, 31 Mar 2021 00:05:38 -0400
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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How to Become a Lawyer with a Criminal Background Training to become a lawyer demands a lot of commitment over several years. Legal jobs are highly contested, and you will need to be extremely motivated to succeed. Aspiring lawyers who have a criminal record will likely face an uphill task. However, achieving your dreams of becoming a lawyer is not impossible. Keep reading below to find out more:

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Can you Become a Lawyer with a Criminal Background?

Lots of people dream of a career in law, however, it’s an extremely competitive field to which admission is quite difficult. And for people who have a criminal record, it can be even tougher. Although you may have put your criminal past behind you and turned over a new leaf, you will still face an uphill task to get a degree and find a job. Even so, many people in the past have managed to become lawyers with a criminal conviction, be it for a felony or for drug abuse. This means that it is possible to become a lawyer with a criminal background.

If you want to become a lawyer, but you’ve been accused of or charged with a criminal offense, then you should consider contacting a criminal defense lawyer like Lauren Campoli. A criminal defense lawyer will help you to get the lightest possible sentence and mitigate the impact the charges have on your life in the future.

How to Become a Lawyer with a Criminal Background

Many people assume that they can simply avoid mentioning their past criminal convictions when applying for law school, but this isn’t a brilliant idea. All law schools in the U.S. run background checks on applicants before training begins. If your conviction shows up during this check, you will be banned from starting your course.

Instead of hiding your criminal convictions, you should be honest about them. Being honest with people shows them that you’ve taken responsibility for your actions and you’ve changed. However, it's important to remember that several other factors will also be taken into consideration:

  • The type of crime you committed and how serious it was
  • When you committed the crime
  • Whether you make a good impression during your interview
  • The laws of the state you are applying for

Some colleges will also ask you to supply them with character references from previous employers.

How to Get a Job as a Lawyer with a Criminal Conviction

Almost all job applications ask about previous criminal convictions, but many of them don’t allow you to explain. If you want to be able to find a job with a previous criminal conviction, then you should consider discussing your past in your cover letter. Talk about the circumstances and then focus on how you’ve changed your life. You should also talk about what you’ve learned from the past and what being accepted for the course or the job would mean to you. This will help you to find a job as a lawyer once you’re qualified.

Becoming a lawyer after a felony conviction can be challenging. However, it’s not impossible. A felony doesn’t automatically disqualify an individual from practicing law in the U.S., but people trying to make the transition from criminal to lawyer will face extra scrutiny. For example, they will have to undergo a more intense character and fitness evaluation than other trainees. If you want to become a lawyer, but you have a criminal background, then follow our advice above.

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What is and what isn’t a work injury: Learn the difference, be compensated When a worker is injured or becomes ill on the job, in the vast majority of cases, this would qualify for workers' compensation, and the worker would be entitled to receive benefits to cover his/her medical expenses, lost wages, etc. However, there are some situations in which an incident may not qualify for workers' compensation, and in these cases, the worker won't receive any compensation and will have to bear the expenses on his own.

Therefore, after suffering an injury that may or may not be covered by workers' compensation, you should know the difference between what qualifies as a work injury and what does not.

Nevertheless, if you want to make sure that you qualify for workers' compensation, and would like professional help to receive the maximum compensation possible, it may be a good idea to work with one of the best workers' compensation law firms in Los Angeles, C&B Law Group.

The team at C&B Law Group is available 24/7, and they offer completely free initial consultations. If you want to know the value of your case in minutes, contact them as soon as you can.

What qualifies as a work injury?

To put it simply, a work injury is one that has occurred as a result of any type of work-related activity, in other words, any incident you suffered while doing something on behalf of your employer, or during your work. For example, most injuries that occur on the job site, whether it is an office, a store, a construction site, etc., are categorized as work-related injuries, and therefore the injured worker will have the right to apply for workers' compensation benefits.

However, work injuries are not limited to the workplace. If, for example, you are injured while working while driving a company-owned vehicle, your injuries would also be covered by workers' compensation.

Also, occupational diseases often go unnoticed. If you come into contact with a contagious disease while on the job, you are also entitled to workers' compensation to pay for the medical expenses that this entails. This is especially common in health care workers, such as doctors, nurses, paramedics, etc.

On the other hand, some injuries develop over time, such as repetitive stress injuries. These usually occur when the worker performs the same activity on a daily basis. One of its most common forms is carpal tunnel syndrome.

What isn’t a work injury?

However, certain injuries don’t qualify as work injuries, and this is due to a variety of factors, including whether you were acting on behalf of your employer (or within your work activities) at the time of the injury, whether you were under the influence of alcohol or other drugs, or even whether the injury was the result of some type of misconduct on your part.

For example, if you are injured in a restaurant during your lunch break, technically the injury occurred within working hours, but would not be covered by workers' compensation. However, if you are injured in your company's cafeteria, you may be able to apply for workers' compensation.

Yet, if you are injured during your working hours (and even at your workplace) while NOT doing your job, or doing something not approved by your employer, you might lose your right to be compensated. Also, if you were under the influence of alcohol or other drugs at the time of your injury, you will certainly not receive compensation.

Finally, if you were injured as a result of misconduct, such as a fight caused by you or breaking a workplace rule on purpose, or even if you were trying to hurt yourself in some way, your injury won't qualify as a work injury and you will have to deal with the expenses on your own.

What to do to be compensated?

Do you want to make sure your injury qualifies as a work injury? Do you want to receive the compensation you deserve? Then you should work with one of the best workers' compensation law firms in Los Angeles.

C&B Law Group is a Los Angeles workers' compensation law firm that has helped thousands of clients receive the money they needed to take back control of their lives, and you can be next. Call them now to find out the value of your case in minutes.

Click here to find out more

https://cblawgroup.com/practice-areas/workers-compensation/

Legal Facts

If you are looking for a workers' compensation lawyer near you, you can find one at Legal Facts. Also, in Legal Facts, you will find easy-to-read and easy-to-understand content related to all kinds of legal issues that will help you understand the law in a matter of minutes. The Legal Facts network of lawyers is always ready to help you.

If you are a lawyer looking to expand your legal practice, Legal Facts can help you grow your business with legal leads.

Click here for legal lead generation services

https://legalfacts.org/law-firm-marketing/legal-lead-generation-services/

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How To Protect Yourself From Sports Injuries

Prevention is better than cure, as the old saying goes. If you’re an athlete in any sport, you’ve probably wondered, at some point or another, what would happen if you were to get injured? How would this affect your performance in your sport? And what about other aspects of your life? Or maybe you’ve already experienced this pain, literally and metaphorically, and want to avoid it happening again.

Here are our top tips on protecting yourself from sports injuries.

Warm Up and Cool Down

Every good athlete knows, and every quality trainer instructs, that a really good warm-up is essential to getting your body ready (literally warmed up) for any physical activity. This will help your blood circulate, get your muscle fibres ready to fire, and improve your workout. 

Lately, the idea of priming has become increasingly popular in the fitness community, but can also be applied to those involved in team sports. Priming specific muscle groups (i.e. the ones you’ll be challenging the most in the activity to come) in your warm-up, by doing exercises that target those muscle groups typically with light weights or bodyweight, will prevent the majority of injuries and improve your performance!

Get Enough Sleep

Recent studies point to a higher chance of getting injured in sports after a night of “bad” sleep, meaning less than 6 hours of uninterrupted sleep. Some even go so far as to conclude that lack of sleep was the leading cause of sports injuries, even more than training.

Sleep deprivation impairs motor accuracy as well and can cause your performance to suffer. And when one wrong move might be enough for you to pull a muscle, you might want to think again about when you go to bed the night before a training session.

Take Care of Your Nutrition

Being deficient in certain vitamins and minerals, as well as low protein intake, has been shown to raise the chances of sports injuries. So, make sure you’re eating an adequate amount of protein for your activity levels, and other biological factors. When it comes to vitamins and minerals, calcium and Vitamin D are the most important, whereas magnesium can prevent muscle spasms, and therefore decrease the chance of injuries. Finally, and perhaps even more importantly on a daily basis, stay hydrated!

What if I Do Get Injured?

In the off chance that you do get injured, which is something we definitely don’t wish for you, know there are things that you can do to help the recovery process. Adequate protein and carbohydrate intake are important for maintaining muscle mass and will help you heal faster. Adequate sleep is, again, crucial. 

But what if your injury is more serious and you need additional care such as rehabilitation or physiotherapy? It’s important to have support in such cases. This may mean legal support from an experienced legal firm specializing in sports law such as MJW Law, or the moral support of your fellow teammates, family, and friends.

Either way, we hope it won’t come to this and that you’ll be able to receive that support while they’re cheering you on during your matches, meets, and competitions! 

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Avoiding Aggressive Driving and Its Effects on Your Health You’re running late and hit traffic or get caught behind a slow driver. Feelings of impatience start to grow, and you consider illegally passing a driver or following closer to get them to move over. It’s happened to the best of us on the road, though research indicates that becoming aggressive behind the wheel can put your health and safety in danger. 

If you or a loved one has been injured into a traffic accident, it is imperative to reach out to an experienced lawyer like Blair & Ramirez LLP, a car accident lawyer in Los Angeles, California.

Millions of drivers admit to aggressive driving, including:

  • 104 million admit to tailgating
  • 95 million admit to yelling at other drivers
  • 91 million admit to honking due to annoyance or anger
  • 67 million admit to making angry gestures
  • 49 million admit to blocking other drivers from changing lanes
  • 24 million admit to intentionally cutting off someone else
  • 7.6 million admit to getting out of the car to start a confrontation
  • 5.7 million admit to intentionally hitting another car

All aggressive drivers risk getting into an accident, which clearly puts their safety at risk. Also, studies show that aggressive driving can impact your overall health - even if you don’t get into a crash. Such stress behind the wheel can lead to:

  • High blood pressure
  • Stress and anxiety 
  • Heart disease

Many injuries and health issues can occur because people lose their temper behind the wheel, and all of these risks are avoidable if a driver takes steps to prevent aggressive driving. 

How Defensive Driving Can Help

Aggressive drivers feed off one another. If one driver honks unnecessarily at someone else, the other driver might make an offensive gesture or yell back. This increases the stress and aggression of both drivers. On the other hand, drivers who are kinder and considerate of others can encourage their fellow drivers also to stay calm and put safety first. 

Defensive driving is a skill that goes a long way when it comes to preventing aggression on the road. While it’s very important for all new teen drivers to learn the secrets of defensive driving, these skills can benefit drivers of any age, as well - especially if you realize you’re becoming more and more impatient or aggressive on the road. 

The following are some important defensive driving skills that can help keep you safer and healthy:

  • Always put safety first, which can help to avoid aggression.
  • Stay alert and aware of your surroundings.
  • If someone seems like they are aggressive, move out of their way and give them plenty of space.
  • Never confront or agitate another driver, even if they did something wrong. Instead, let it go to keep yourself safe.
  • Be aware of the actions of other drivers, and never assume they will make the safe choice.
  • Follow the speed limit and always follow at a safe distance, even in traffic.

It can be difficult for many of us to stay this patient and aware on the road. Sometimes, the easier choice is to react in an aggressive manner.

Taking a course from our defensive driving school can help to train your mind to remain calm and alert. By practicing defensive driving with a trained instructor and learning about the many benefits, you can keep calm and hopefully keep yourself safe and healthier - even when you are faced with a stressful situation!

About the author: Olivia Parker is the legal writer and communication specialist at Blair & Ramirez, LLP, a personal injury law firm in Los Angeles. Olivia has been working in the legal industry for seven years and enjoys researching and writing articles that spread the word about the dangers of aggressive driving. When not in the office, she enjoys taking long beach walks with her dog.

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4 Reasons Why You Need a Car Accident Personal Injury Attorney While it may seem tempting at first to take matters into your own hands after a car accident, hiring a personal injury attorney is bound to reap much better results. People often think that doing things by themselves saves them time and allows them to move on quicker, but the truth is that you are likely to get entangled in legal proceedings. Having a trained legal professional can often help you complete the process quicker and get you a much bigger compensation on top of that. Here are four main reasons why you need a car accident personal injury attorney.

Determine if you have a case or not

First of all, sometimes people don't remember things clearly and are not certain whose fault the accident was in the first place. A personal injury attorney, like the ones at Optimal Solicitors, can help you determine the facts and tell you in no uncertain terms whether your case is worth pursuing or not. If you have a case, that's great and you can proceed with legal actions; if you don't have a case, you will have the peace of mind that you didn't miss any opportunity to get compensated and be able to move on.

Higher settlements

If you've been in a car accident, the chances are that you will have to deal with an insurance company. Now, these firms will probably offer you some sort of settlement soon after the accident happens, but it takes an experienced personal injury attorney to help you assess whether or not that offer is worth considering. There are cases in which insurance companies offer 10 or even 20 times less than you could realistically get, hoping you will accept and save them money. Your attorney can help you avoid that and make sure you get what you deserve.

Level playing field

You can be absolutely certain that the insurance company you're going up against will have an experienced lawyer, if not a whole legal team on their side trying to figure out how they can win the case. You should have somebody in your corner, too. Not only will that help you make the right moves, but it will show the other side that you're taking the situation seriously. This may force them to act more reasonably and come to a fair agreement much more quickly. If that is not the case, your attorney will be ready to take them to court.

Covering medical expenses

There are many different types of compensations you can get, but if you've been involved in a serious car accident, covering the medical expenses is certainly something you will want to consider. Personal injury attorney can help you cover both past and future medical expenses, as well as get you compensation for the psychological trauma you've gone through. Not to mention that lost wages can also be thrown into the mix. There's a lot to consider, which is why you should have an expert by your side. 

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Understanding Role of Service Export Promotion Council (SEPC) of India in export of Services From India Service Export Promotion Council (SEPC) is an export promotion council set by commerce and industry ministry. There are 14 export promotion councils (EPCs) under the administrative control of the Department of commerce (DoC). SEPC is registered as non-profit organizations under the companies act with a view to give proper direction, guidance and encouragement to the Services Sector. SEPC of India perform the following function –

  • Understanding Markets,
  • Accessing subsidies and incentives, The Government provides benefits to the service exporters under SEIS Scheme by which service exporters get the incentive in the form of Duty Credit Scrip.
  • Act as an intermediary between the Government and the export industry,
  • Help in formulating the foreign trade policies of the country.

Vision of SEPC:-

To make India an International Service Exports Powerhouse by effectively promoting and representing every sectors of Indian services and contributing to the overall growth of the economy,

Mission of SEPC:-

To be an effective voice of Indian Services sector globally, raising its profile through interventions and exchanges leading to increase in business,

To serve as a bridge between government and other stakeholders and the services sector,

To disseminates knowledge and recognize the achievements of organizations in their quest to increase service exports.

Role Played by Service Export Promotion Council of India:-

  • SEPC provides the information to the exporters and its members in increasing exports
  • Aware the exporters about the Government schemes and benefits under these schemes they can avail, like there is SEIS Scheme under which service exporters can avail the benefits of 5% - 7% on net foreign exchange earned on notified service exports in the form of Duty Credit Scrip which is transferable in nature and can be used in the payment of custom duties.
  • Collect the data of Export of its members to build a statistical base to compare industry growth.
  • Organise trade delegations to explore opportunities to export services in other countries.
  • There are various other EPCs which provides benefits to service exporters as well as goods exporters, Under MEIS Scheme goods exporters can avail the benefits and it may guided by the specific export promotion council of the export products of that exporter or it may be guided by the FIEO Mumbai which is also a export promotion council.
  • Give advice to their members related to technology, quality control, standards and specifications etc.
  • Organise the following to promote service export business -
  • Trade fairs
  • Seminars
  • Exhibitions
  • Meets between buyers and sellers
  • SEPC is also guiding and informing the service exporters that they can consider the service export to take EPCG License under EPCG scheme which allows to import capital goods at zero custom duty. EPCG License can be issued to Merchant Exporters tied with Manufacturer exporters, Manufacturer Exporters, Export Obligation is the condition on which basis EPCG License can be issued. There are two types of export Obligation under EPCG Scheme – 1) Average Export Obligation 2) Specific Export Obligation, Specific export obligation needs to be achieved within 6 years from issuance date of license.

Benefits of becoming member of Service Export Promotion Councils

  • After registration members are granted Registration cum membership certificate (RCMC).
  • RCMC helps to avail the benefits under foreign trade policies.
  • EPCs are responsible to update to their members about the modifications done in foreign trade policy for example Government replaced MEIS Scheme with RoDTEP Scheme which will reimburse all the central and state taxes on the exports of goods & EPCs are playing vital role in deciding the RoDTEP incentive rates.

Details of products falling with their jurisdiction

  1. Advertising Services
  2. Accounting/Auditing and Book Keeping Services
  3. Consultancy Services
  4. Architectural Services
  5. Distribution Services
  6. Educational Services
  7. Entertainment Services including Audio-VisualServices
  8. Environmental Services
  9. Healthcare Services
  10. Hotel And Tourism Services
  11. Legal Services
  12. Maritime Transport
  13. Marketing Research and Public Opinion Polling Services/ Management Services
  14. Printing and Publishing
  15. Others

Head Office/ Registered Office:-

509-511 and 514-518, 5th Floor, Apparel House, Institutional Area, Sector-44, Gurgaon-122003,

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Uncategorized https://www.prolawguide.com/blog/understanding-role-of-service-export-promotion-council-sepc-of-india-in-export-of-services-from-india/ https://www.prolawguide.com/blog/understanding-role-of-service-export-promotion-council-sepc-of-india-in-export-of-services-from-india/ Editor Thu, 06 Aug 2020 01:47:20 -0400
5 Kinds of injuries which must need a personal injury attorney If you are going through a personal injury, then it is not the smartest move to just depend upon an insurance scheme. Many times insurance companies attempt to take advantage of their clients and do not pay the full amount. In such a case, if a person who is already going through a personal injury can come under a lot of stress.

It is very difficult to cope with situations like this on your own. In this situation, the best option is to hire a personal injury attorney.

Let us discuss the five major injuries which necessitate a personal injury attorney.

1.   Medical Malpractice:

It is the responsibility of a doctor to strive hard to save a patient’s life and be cautious. However, there is much negligence which is done in the field of medical science.

If you believe that you or a loved one is going through an injury or medical malpractice, then get yourself a personal injury attorney. It is a very complicated process because it is not easy to prove a bad medical result occurred due to malpractice or not.

But getting a proficient personal injury attorney will assist a lot since they are adept in this regard.

2.   Defaming someone:

Defaming is one of the most dangerous types of injury that someone can go through. Most of the injuries last for a short or a specific period. But defamation can be very long-lasting.

It can have a huge effect on the mental health of a person and they might lose confidence forever.

It can have such an impact on the minds of people, that there is no assurance when it will end. It can permanently damage the lives and careers of people. So if you are going through defamation in real life or on the internet, then you must contact a personal injury attorney as soon as possible.

3.   Road and vehicle-related accidents:

These types of injuries occur a lot nowadays since the population f the world is increasing day by day and there is uncontrollable traffic on the roads. In such a case, if people are not following the rules of traffic properly then it is bound to result in car accident injuries.

Insurance companies try to scam people in this matter. So it is essential to hire a personal injury attorney because he will make sure that the driver is responsible for all the financial and hospital compensation.

4.   Harassment:

It is very prevalent among such harassers that they harass people with subtle notes. Any outsider may never find out that harassment is being done. These kinds of cases lead to criminal pleadings as well.

It is crucial to get a personal injury attorney in cases of harassment and assault like this as they can assist their client from further injuries and bring them justice.

5.   Injury caused by someone's pet:

If someone has a pet dog or a snake, then they must keep watch over them. If the owner fails to do so and their pet bites or harms someone, then they will be questioned in the court of law through a personal injury attorney.

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Uncategorized https://www.prolawguide.com/blog/5-kinds-of-injuries-which-must-need-a-personal-injury-attorney/ https://www.prolawguide.com/blog/5-kinds-of-injuries-which-must-need-a-personal-injury-attorney/ Editor Wed, 15 Jul 2020 09:31:04 -0400
How To Choose A Dedicated And Experienced Accident Lawyer Accidents can be quite unpleasing and one can be easily frustrated after experiencing one. In most cases, an individual requires an experienced accident lawyer but he is unable to get one. Even if some are interested in getting one, they can not figure out what to look in them before finalizing and hiring them. If you were looking at how one shall choose an accident lawyer then luckily you have landed on the right page and this article has got you covered. This article will guide you through a bus accident lawyer and how to choose a dedicated and experienced accident lawyer.

Experience

Without any doubt, the experience is the one thing that distinguishes a person from others in a certain service industry. Experience has great value as far as law cases are considered and they shall never be underestimated. When you are about to hire an accident lawyer, it is recommended that one shall definitely opt for the ones that are more experienced and have spent time in that field. This will help you in lots of ways that you could ever imagine. It will save you time and you won't need to explain things for hours even after your worst experience. Moreover, he will surely know what you exactly want and won't waste further time on it. Experienced bus accident lawyers make a much more significant impact as compared to inexperienced ones.

Reputation

Besides experience, reputation plays a vital role in choosing the right and experienced accident lawyer. It is very important that the lawyer that you are working with has a good and respectful reputation in the market. Before hiring and finalizing, one should definitely look for his reputation in the concerned market to get the basic idea of him. This plays a significant role in reflecting his image and telling whether his customers are satisfied or not. A bad reputation would only highlight that he couldn't satisfy his previous customers and one should not opt for him.

Personality

Personality plays a huge role in judging any person, especially when dealing with accident lawyers. It impacts and reflects who they really are without even describing themselves. Many people overlook this attribute but a smart person never does it. Many people only go through their work and experience but they don't observe their personality. The personality of a bus accident lawyer should be rough and tough. Not many agree on this but it somehow makes the decision more on your side as they manage to impress the person in charge too.

Focus

Being a lawyer is not a piece of cake, it takes a great mind that is focused on work all the time. It is suggested that one should definitely opt for a person who tends to be more focused on the work rather than other things. Many lawyers tend to become more focused and interested in your personal life rather than your actual case. This is one of the key points that reflect their non-professional behavior which indicates that they should not be hired at all.

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Uncategorized https://www.prolawguide.com/blog/how-to-choose-a-dedicated-and-experienced-accident-lawyer/ https://www.prolawguide.com/blog/how-to-choose-a-dedicated-and-experienced-accident-lawyer/ Editor Wed, 15 Jul 2020 09:30:20 -0400