Posted by Anna on Sep 20, 2014 in Personal Injury | 0 comments
Wrongful death claims are lawsuits that are filed by the family or heir of the deceased against the people responsible for the death of the victim. The plaintiff on this case is usually the immediate family who has the legal right to file a case against the defendant for their negligent or reckless actions that resulted to the death of the victim. Majority of these cases are made in order to demand damages following the wrongful death and get compensation in place of financial support, pain and suffering of the victim before the death occurred, expenses paid for the funeral services, and other damages that would apply. The plaintiff’s personal injury lawyer will be the one to determine the extent and coverage of the compensation depending on the state statute and context of the case.
In cases of stillbirths, in order to have a personal injury case there must be negligence or intentional motives that caused the death. In order to have a strong case you and your personal injury lawyer should follow the procedures listed in the medical malpractice procedures that would eventually prove the liability of the defendant. Stillbirths are a complicated case because there are states where wrongful death statutes do not apply for stillborns, while there are states that require fetus to be alive and moving in the mother’s womb. For states that do not view stillborns as wrongful deaths, parents can still file a number of cases depending on their circumstance, such as negligent infliction of emotional stress.
Wrongful death claims for stillborns require the defendant to have acted negligently or with intent of causing stillbirth. In order to prove this, the plaintiff should establish that the infant have a great chance of survival outside the womb, or through the help of medical aids. Infants in and over the age of 24 weeks are generally considered viable or alive, therefore should the negligent or intentional act was committed before the “viable “stage, then there will be no wrongful death case. Because of the complications of stillbirths in wrongful death cases, it is important to consult with a lawyer to determine the chances and legal aspects of the case.
Posted by Anna on Jan 22, 2014 in Employment Law | 0 comments
The Employee Retirement Income Security Act (ERISA) of 1974 is a law that decides the minimum standards to which voluntary established pension plans (along with private industries’ health plans) give protection to those enrolled in these plans. They are tasked with regulating the finance, administration and vesting regulations of pension plans for workers who are in the private industries and businesses. These statutory requirements that rule over the pensions of employees upon retirement are the main reason why the law was passed and designed to preserve and protect the employees’ right to their pensions.
One thing an employee must understand that ERISA does not necessitate each employer to have a pension plan, rather those companies who choose to have them must meet with certain minimum standards. It does not legally state the amount of benefit that every pensioner should receive, and establish comprehensive funding rules which gives obligation to the plan sponsors to have enough finding for the plan. Those who wish to avail of the pension plan must meet the needed length of years work before being eligible for the plan. They have to accumulate benefits and have a non-forfeitable right for the benefits. In cases of breaches of fiduciary duty and bad faith litigation, the ERISA gives the pensioner the right to sue so that they can have their pensions.
There has been many amendments to the ERISA in the past years, among them is Consolidated Omnibus Budget Reconciliation Act (COBRA) which gives the employees and their families the right to continue the health coverage for a certain amount of time due to significant event (such as losing a job), and the Health Insurance Portability and Accountability Act (HIPAA) that covers vital and new protections to employees (and their families) suffering from a pre-existing medical condition or could suffer discrimination on their health coverage brought about by the person’s health.
It may seem like a dream vacation to many, but for workers in a cruise ship the long shift hours and life at sea for great lengths can take a toll on the mental, physical, and emotional health of a person. People who work on cruise ships put themselves in danger twice as much as those who take vacations on these big sea cruisers.
The occupational hazards that come with working on a cruise ships are numerous: these hazards can cause disease, permanent disability, and even death. Recognizing these occupational hazards and having proper training and various risk-reduction programs may not be enough to prevent an accident from happening. Cruise ships operate 24-7, therefore the risks of accidents are present all throughout the voyage.
Common workplace accidents that occur in a cruise ship (particularly for workers) are slip and fall, burn injuries, food poisoning, diseases, and even physical assault. Working for a cruise ships is not as luxurious as it seem, as workers who become injured does not have the comfort of a hospital for proper treatment. Although there may be medical support from the cruise ship itself, it may not be enough to medicate serious cruise ship injuries and afflictions. This usually is the biggest problem that cruise ship workers worry when they get injured while on the sea.
Fortunately, anyone who has suffered any type of injury due to management negligence is eligible for workers compensation. Worker’s compensation will be given to those who have become injured while on the job, and should cover for medical expenses, rehabilitation, lost wages, and other possible damages and expenses that occurred until the worker was able to return to work.
The promise of big money and the chance to travel around the world while earning may be the reason why many people choose to work in a cruise ship, but as with any type of work, occupational hazards are always present and could potentially cause serious injuries when they are neglected or taken for granted. Aside from being familiar with the hazards that the occupation comes with, workers should understand how they can address incidents should an unfortunate event occur. Employers who neglect such necessary trainings, equipment, and safety rules and procedures will be fined by government agencies that are tasked to monitor safety and health in workplaces.
Posted by Anna on Jan 6, 2014 in Criminal Law | 0 comments
According to the website of the Law Offices of Kyle Sampson, theft, also known as larceny, is described as illegally taking or carrying away of another person’s property with the intention of depriving the person permanently. The term “theft”, however, has a broad meaning in legal terms, and it can cover a number of categories and level of degrees of crimes. Theft can be done in a number of ways: petty theft is theft of property whose value is less than a state’s specified amount, while felony theft or grand theft is theft of anything over the state’s specified value.
Other types of theft depend on each jurisdictions categories or classes. Embezzlement is a type of theft committed by a person who appropriate property trusted upon them through fiduciary duty. Burglary is considered theft, whether it is forced entry or trespassing. Robbery is theft by force or fear, and this type of theft can have harsher punishment if a deadly weapon was applied. Theft by deception comes in two types: false pretenses where a person misrepresents the truth in order to acquire property, and larceny by trick you ask permission to borrow but was not given consent. Possessing stolen property is called theft by possession, and anyone charged with this crime should prove that (1) you don’t have possession, (2) you were not aware that the item is stolen property, and other proof of theft.
An article on the website of Del Prado Law indicates that to counter a theft charge, you and your lawyer should prove that intent was lacking in the committing the crime. Because theft is generally an intent-crime specifically, it must be proven that the intent to deprive the owner permanently of the property.
Posted by Anna on Jan 5, 2014 in Child Custody, Divorce | 0 comments
No doubt, divorce is not something that most people say they enjoy going through. It is a time and financially consuming process that can take its toll on the mental and emotional health of both parties. This seems to double up when children are involved. Matters such as child custody, visitation, and child support should be ironed out properly to avoid future complications.
There are many ways that child visitation and custody can become complicated, and according to The Majors Firm, emotional and mental complications can get in the way of properly drafting a good child custody and visitation agreement. Getting help from professionals who can provide unbiased legal help and those who understand how the situation works can greatly help in settling child custody and visitation.
Usually, the agreement for child custody and visitation is encouraged by the court to be settled within the family: which means the family has the whole decision on how they want to work these things out. Doing this will allow both parents to agree and compromise to schedules and other issues that needs to be cleared without the help of the court. Only do both parents have reached an agreement and made a solid decision will they be able to present their agreement, where the court may look into and see if revisions are necessary before accepting the agreement.
Enforcing the agreed upon child custody and visitation is important because it is a legal responsibility. Anyone who disobeys the court-issued child custody and visitation agreement can be held in contempt of court and fined or sanctioned. Certain circumstances such as moving to another state or loss of work should be reported immediately in order to have the agreement modified. This also allows both parents to maintain and practice their right to be in their child or children life.
Separating from your spouse is already difficult enough as it is, and when children are involved it makes the situation even more complicated. If you need more counseling on what to do in your child custody case, visit the Marshall Taylor Law Firm here: http://www.marshalltaylorlawfirm.com/.
Posted by Anna on Jan 3, 2014 in Natural Resources | 0 comments
With the recent economic crash, many people have gone to places to find employment. The oil industry is one of the most profitable and high paying jobs, and with the recent “oil rush” more and more people have come to the oil fields to check their chances of employment. Although major oil companies are among the highest provider of profits with significantly large market value compared to other industries, working on the oil fields can be one of the most dangerous jobs a person can have. Working on and off land can put a person’s life in risks than those working in other types of employment. Oil field injuries come in many forms, and often can last a lifetime, according to personal injury attorneys in Chicago.
Noise is one of the things that oil field workers should be aware of. Because of the many heavy equipment and machinery that they operate and the long hours that oil operations runs, workers will not only be directly exposed to loud noises in long term, they will also be at risk of serious injuries because of miscommunication. Physical and mental exhaustion is also a big possibly because of long working hours and lack of sleep. Common injuries from working in the oil fields include slip and fall, exhaustion, burn injuries, broken bones and amputations, and vehicular accidents. Another danger of working in the oil fields is the possibility of explosions. Because oil is highly combustible, anything (from static, electrical, cigarettes, open flames, friction heat, and many others) that can cause a spark can lead to an explosion. This means that people working at oil plants should be trained in minimizing their risk of causing explosions. Prevention of these kinds of accidents is key.
Because of the dangers of working and managing oil fields, along with the uncertainty of the oil industry, many people who own oil and mineral rights choose to sell their rights and royalties. According to The Mineral Auction, what makes selling your rights and royalties difficult is knowing who to sell them to and at which price. Depending on the needs of the person selling and their reluctance to taking risk, it would be better to have someone provide advice and necessary legal help when it comes to selling their oil and gas right and royalties. Knowing the risks, profits, and how the whole thing works would give people better perspective on how to make deals and proceed with the sale. Even big companies make accounting mistakes, therefore the need for professional legal help would be required.
Celebrations, such as New Year’s Eve and the upcoming Super Bowl, often lead to too much drinking or extended happy hours, which, with the added dangers of wintery road conditions, could eventually lead to road accidents. A simple adult DUI offense that resulted in injury or fatality is actually two offenses: first is driving under the influence (of alcohol or drugs) and, second is driving with a BAC (blood alcohol level) of 0.08 percent or more. These two are separate offenses that you need to defend yourself from in court should the need arise.
Depending on the state, each has their own rules and laws regarding DUI and driving with BAC level over 0.08 percent. To be able to be charged for a car accident with these offenses, the violator should be (1) operated a vehicle (including a boat, in some states) and (2) you operated the vehicle despite being physically and mentally impaired to a certain degree. In some states, DUI only requires the violator to drive on public roads, while other states can charged a person with DUI even while inside private land. The best way to be sure about DUI laws is to read about them.
When arrested, it is important for the violator to be given and informed of their “chemical test” rights. Chemical tests include breath, blood and urine tests. This usually describes your right of getting a blood and urine sample for your own test, and the possible repercussions of your refusal to take a chemical test. Failing to inform you of the repercussions can give you the chance to challenge the decision of suspending your driver’s license.
After a violator who caused the car accident refused to admit for a chemical test, he will be liable to sanctions, including suspension of driver’s license among other things. In some states, refusal for a chemical test can put a violator at risk of being criminally charged in addition to having the DUI charge.
If an individual finds themselves in a situation such as this, it may be helpful to seek the assistance of a legal professional who is experienced in handling alcohol related cases. A lawyer who focuses on defending DUI cases can help you reduce penalties or help you clear a criminal record.