Posted by Annie on Mar 29, 2016 in Asbestos Exposure | 0 comments
Workers who developed mesothelioma after being exposed to asbestos dust in the workplace may decide to file a legal claim to possibly get benefits to cover the high cost of treatment they need to prolong their lives. However, there are times when potential claimants do not know exactly whom to blame for their illness.
When a worker developed mesothelioma, he or she initially may file for workers’ compensation benefits as he or she is not allowed to file a lawsuit in court against the employer. As a person may only file workers’ compensation claim when he or she sustained injuries in the workplace, the situation is difficult when the injured person is a contractor employee. It is critical for a mesothelioma patient to actually determine his or her direct employer. For example, in a construction setup various contractors work in one place in constructing a building. A construction worker exposed to asbestos by default may only file workers’ comp against the company that pays his or her wages. The injured worker cannot get benefits from the building owner or from other contractors even they are negligent. It is even more complicated when a company employee had worked in different workplaces for several years.
Unfortunately, workers’ comp benefits has limitations and it may not cover all the treatment expenses of a worker who developed mesothelioma cancer. Mesothelioma patients are often required to undergo surgery procedures and various maintenance therapies to alleviate their condition. Mesothelioma, according to the lawyers of Williams Kherkher, is a highly lethal cancer in the malignant state. Workers who believed that there are other companies are also liable for their mesothelioma, they may file a separate lawsuit against them. Unlike workers comp claim that is often filed administratively, injured workers may file a lawsuit against negligent companies in general court. Holding other companies or contractors liable after an asbestos exposure is difficult as the law for secondary asbestos exposure continue to progress.
Posted by Annie on Oct 26, 2015 in Law | 0 comments
Ending a marriage through a divorce is a mentally-draining expertise for anyone, much more as it pertains to selecting about breakup-linked issues, the team of resources and properties, such as alimony, child custody, child support and visitation rights. If the divorcing partners don’t get to an agreement on issues, they will have to be satisfied in court, in front of spectators, and based on a judge; a conclusion is obviously final. Over the span of period, however, a choice created, state about alimony, if there’ll also be improvements inside the circumstances of the former spouses may be petitioned for changes.
With a divorce, it triggers worries and worries, especially for the financially dependent partner, who may have abandoned professional opportunities for the cause of his/her accomplice and household, in general. Because breakup, lifestyle might alter, of as well as the vocation that certain has walked from will today need to be embraced once again, to be able to have the ability to afford a good dwelling, in addition to if needed pay child-support.
Houses and possessions in a divorce’s department are usually a fiercely contested matter the method. Acquiring the maximum amount of income or as many properties as one could, is obviously the interest of numerous folks because the more financially steady one is, the reduced fear in the immediate future after divorce /her regarding economic matters, at least for him.
Nonetheless, he or she will first have to ascertain which will be not and which the main prosperity is marital before a judge may start separating possessions and qualities. Low- possessions and marital homes consult with whatever the couples has held possibly prior to marriage’s time. Therefore, these are exempt from being divided. Any earnings after the union, perhaps these resulting from low- success that is marital, nevertheless, are up for the team. Currently, when it comes to actual earnings, several husbands and wives before, particularly the prosperous kinds, have been known to employ means that could maintain their spouses from knowing how much they obviously have, rationalizing they are the only real ones who have the correct to take pleasure from the things they labored so difficult for.
In several US states, qualities and assets are similarly split between each spouse. According to the website of the Raleigh divorce lawyers at Marshall & Taylor PLLC, reasonableness and fairness will be the flash in several different states’ guideline. This means of split is based by way of a family court judge to the following aspects:
- Period the marriage
- Revenue and residence that the spouses each have contributed into the union
- Age and health of each partner
- Standard of dwelling during the time of relationship
- Generating income and opportunities of each spouse
- Needs of the custodial parent for that youngster/children (if you will find any)
Since the procedure for a split is definitely intricate, having a lawyer who’s well-versed in family legislation and who is of creating a tough defense for a spouse’s capable hobbies and rights is not often unnecessary. Numerous judge decisions’ outcome generally depends also on how properly legal counsel could tell a decide about his/her client’s needs. Ensuring that the attorney that is right is hired by one must, therefore, become a matter in divorce’s event.
Posted by Annie on Jul 28, 2015 in Accidents | 0 comments
The United Nations Road Safety Collaboration found that 22 percent of all traffic fatalities around the world involve victims that were pedestrians. They also estimate that more than 270,000 pedestrians die in global road accidents every year. Meanwhile, in the U.S., the Department of Transportation reported 4,743 pedestrian deaths in the year 2012. Such incidents are only expected to continue without active efforts to curb pedestrian accidents.
The Insurance Institute for Highway Safety (IIHS) found that majority of pedestrian accidents tends to occur in urban areas. As expected, traffic activity is always greater in highly populated cities. This, however, doesn’t mean that rural areas are free of similar accidents. In fact, there are more cases of severe injury and death in rural settings. Because roads are less crowded, vehicles can run at higher speeds and cause greater force at impact.
The IIHS also found that accidents involving pedestrians commonly happen at night time, between 6 p.m. and midnight. The data also suggest that pedestrians are most likely to be struck by vehicles on Friday and Saturday.
While children are often vulnerable to pedestrian accidents, data shows that children younger than 13 only comprise of 3 per 1 million fatality victims. Elderly victims are actually more vulnerable to injuries caused by such accidents. Even when individuals aged 70 and older are involved in less pedestrian incidents, the death rate for elderly pedestrians is at 24 per 1 million victims.
Injuries incurred from pedestrian accidents differ on the strength of the impact and the type of vehicle involved in the collision. According to the IIHS report, larger vehicles like trucks and SUVs could throw the victim forward and leave them vulnerable to get run over. Meanwhile, smaller vehicles like passenger cars could a pedestrian at hit at knee or thigh level and cause them to fall over the car’s hood.
In all these situations, the damage will depend on the strength of the impact. Vehicles running at higher speeds will cause greater impact at collision, leaving pedestrians more vulnerable to serious injuries such as concussions, spinal cord damage, and internal trauma.
Both drivers and pedestrians should always be reminded that even their slightest mistake could lead to catastrophic outcomes. Everyone should keep in mind that there’s no room for negligent behavior while out on the road. Always follow prescribed traffic rules and safety precautions to mitigate the risk of accidents and injuries.
Posted by Annie on Jun 26, 2015 in Dangerous Products | 0 comments
Until the late 1970’s, asbestos based materials were widely used in building homes due to their heat resistant properties. However, since it has been found to cause mesothelioma cancer and other diseases, it has been banned from use. People renovating their older homes sometimes find asbestos in their homes when taking down walls or completing other projects, which can pose a great danger if dust with asbestos fibers is breathed in. There are steps you can take if you find asbestos in your home.
The simplest thing you can do is not touch anything possibly contaminated with asbestos. If the materials in your home containing asbestos are in good condition and have not been touched, they often do not pose any health risk. But if the materials begin showing signs of wear and tear or deterioration, take the proper precautions to ensure you are not exposed to asbestos fibers.
Precautions include not using power tools, high pressured hoses, cutting tools, or compressed air. If the asbestos is found while working on a roof, do not attempt to walk over it as you may risk falling through the roof and releasing the fibers into the air. If you must work around the asbestos fibers, ensure the materials are thoroughly wet down to minimize release into the air.
One of the best precautions you can take is to have the specific materials tested for asbestos by a professional lab, who can also inform you on how to correctly remove and take a sample safely. If it is found that materials in your home do contain asbestos, it is important that you hire a professional to remove it. Although it is permitted to remove asbestos on your own, removing them can risk releasing more asbestos fibers into the air putting you, your family, and even your neighbors in great danger. Exposure to asbestos fibers can not only cause the disease asbestosis but mesothelioma cancer that is often fatal to those diagnosed with it. This is why it is crucial to hire a professional to properly remove and dispose of asbestos containing materials.
Posted by Annie on Mar 17, 2015 in Law | 0 comments
Sometimes, avoiding a car accident is as easy as all of the public service announcements say it is. Most of the things they say not to do while driving are not only highly publicized, but also illegal. In case you forgot or have become desensitized to the ad campaigns that state the obvious, here’s a refresher.
Do not text while driving. It does not matter if you are late to an outing and your friends angrily keep texting you wondering where you are. The sad part is most of the time that is not even the case. Many people are responding to a casual conversation while driving. Knowing “what’s up” with an old high school friend is not worth getting into an accident.
Now that ride-sharing companies are taking off everywhere across the country, there is no excuse to drive under the influence anymore. If you know you and your friends are going to drink heavily, get an Uber or Lyft and avoid driving altogether. Better yet, if someone in the friend group is not up for drinking that night, carpool to save some money.
Surely you have heard of the click it or ticket campaign, and so has your local police officer. According to National Highway Traffic Safety Administration, a ticket is given out for not wearing your seat belt every other second. Not wearing a seatbelt is more trouble than it is worth. Newer cars make hard to tolerate beeping sounds if the driver or passenger does not fasten his or her seatbelt.
Speed limits are put in place for a reason. They are not arbitrary, no matter what your friend that gets a speeding ticket every other month says. Instead of looking at speed limits as a nuisance, try thinking about all the time and money you will save by going a few miles slower.
Click here to read about the consequences that come with irresponsible driving.
Car manufacturers and tire companies have a responsibility to their consumers to produce quality products that individuals can rely on. Unfortunately, negligent manufacturers can be responsible for the injury or death of unsuspecting individuals by producing faulty products. Tire defects can cause serious injury to a vehicle, passengers or operators of an automobile, and bystanders near the incident.
According to the website of Pohl & Berk, the most common tire defects include treat separation, weak support cables in tires, defective rubber composites, and side wall defects. Many of these defects are unable to be identified before an incident occurs, leaving the victims of these accidents unable to protect themselves from the impending danger.
One such unpredictable incident is a zipper failure. This usually occurs during inflation but can also happen while a vehicle is in motion. The resulting explosion leaves the sides of the tire looking shredded and similar to a zipper, thus the origin of the name. A similar, more deadly, explosion is referred to as a multi-piece wheel explosion. These involve the rim of the tire and some nickname this type of accident the “widow-maker.”
Another tire defect is called a bead failure. These are low pressure explosions that most often occur during inflation of the tire. When these types of failures occur near a flat surface, such as a road, the debris of tire pieces and trim can cause serious injuries to individuals in the near vicinity. There are cases of amputation of limbs, severe brain injury, and the breaking of bones.
Tire manufacturers that sell faulty product are responsible for the physical and emotional damages caused as a result of their products. Consult an attorney in your area if you or a loved one was injured in an accident due to a tire defect. It is important to understand your legal options in order to receive compensation for the damages caused by negligent companies.
Posted by Annie on Jan 6, 2015 in Parenting | 0 comments
Despite the differences in some of the factors which states consider in determining the issue of child custody and visitation rights, one doctrine or principle is always observed: everything should always be in the child’s best interests.
Custody is usually awarded by courts to that parent who is more capable of establishing a sound and healthy relationship between the children and the other (non-custodial) parent. This is because courts believe that the influence, care and love of both parents are very important in the child’s growth and development. Following this line of thinking, many courts also therefore try to award custody to both parents (joint custody), as much as possible, but only on the condition that both parents are fit to care and be with the child.
Joint custody may be:
- Joint physical custody, wherein the parents are given equal amount of time to spend with their children. This is possible if the parents reside not far from one another so that traveling form one parent’s house to another will not be much trouble to the children
- Joint legal custody, is when both parents are given rights by the court to make decisions for the child in matters like education, health care, religion, and so forth
- Joint legal and physical custody, is when parents share equal time with their children, as well as share in the decision making in all matters that will affect their children’s overall development
If there is proof that will show the court that one parent is unfit to be with or to care for the child, then sole custody will most likely be the court’s decision; however, if both parents are proven unfit, then child custody may be awarded by the court to the child’s guardian, a care-giver or to the government.
By unfit, the parent may either be suffering from a medical condition that renders him/her incapable of providing the necessary care and attention needed by the child or he/she may be physically or verbally abusive, is teaching the child immoral and illegal acts, is an alcoholic and/or is involved in drug-related crimes.
Often, the burden of proof that will implicate the parent as guilty of any of those mentioned above is upon the shoulder of the fit and able parent. Proving that the other parent is unfit and will cause more harm to the child is not an easy task, though. With the help of one of the highly-qualified Raleigh divorce attorneys, exposing the other parent’s faults can be done in accordance to court rules and may, therefore, merit the court’s favorable decision.
Posted by Annie on Dec 16, 2014 in Insurance Claims | 0 comments
The Texas Prompt Pay Act (TPPA) is a relatively new piece of legislation that is still undergoing many changes. Texas prompt pay attorneys have to be on their toes to follow how these changes will impact on the rights of their clients and the outcome of arbitration or litigation. However, one of the primary requirements of protection under the TPPA is that there is a “clean” claim.
The elements of a TPPA clean claim are not at all easy for a law person to follow as it is stated in the Texas Administrative Code but essentially it is a claim that is properly and completely filled out in the proper forms with all the Ts crossed and Is dotted. Simple enough? Not by a long shot.
The Centers for Medicare and Medicaid Services have developed different forms for physicians, hospitals, and pharmacies. Specifically, claims for outpatient services (typically filled out by physicians for reimbursement) make use of CMS-1500 while hospitals (for inpatient services) fill out the UB-04 form. The CMS-1500 has about 33 fields while the UB-04 has 79. It is important that each of these fields is filled out in compliance with the rules governing the TPPA to activate its protection. In one case, for instance, a physician consistently failed to fill out field 17 and 17a in the CMS-1500 and when it turned out that he had been underpaid by the insurance company for years (which the company admitted) he was unable to claim interest payments for the unpaid balances under the TPPA because his claim was not “clean.”
Texas prompt pay attorneys can only act effectively if there is a clean claim. It is easy enough to establish the requisite steps if the claimant makes the effort to make sure that the original claim for reimbursement from the health insurance company is accomplished in compliance with the established rules and regulations. If you have a clean claim and still it is denied or delayed unreasonably without explanation, then it is time to find Texas prompt pay attorneys in your area to file a complaint.
Posted by Annie on Oct 31, 2014 in Finances | 1 comment
Being faced with debts that have become very hard to manage can make life definitely stressful and worry-filled. Inability to pay monthly bills due to major changes in financial situation can only be doubly troublesome for, besides the accruing amount of bills, there are also the interests or late fees that worsen the financial sting.
It usually takes about three successive months of non-payment before an account is tagged as bad debt and the debtor given negative credit. But with the debt crisis at hand, having negative credit would most probably be the least worry the debtor will have. The major concern is how to settle all debts and get back on good financial track again.
One of the means is bankruptcy, the legal process wherein an individual or a business declares inability to make further payments in settlement of debts. There are two major types of bankruptcy: liquidation and reorganization.
Chapter 7, one of the chapters in the bankruptcy law which is a liquidation bankruptcy and the one most commonly filed, requires the debtor to surrender all of his/her “non-exempt” properties for liquidation (if he/she runs a business, this will need to stop operations as its assets will have to be sold). A court-appointed trustee, who takes charge of the liquidation process, then pays all creditors with the amount earned from the sold properties. Despite the probable small amount they may receive, the creditors have no option but to accept; they should also abide by the court’s decision to have the debtor’s remaining balance forgiven and no longer be collected, lest they suffer severe penalties under federal law.
The debts that need to be paid in chapter 7 are only those categorized as non-dischargeable debts. Debts that can be discharged, like past utility bills, personal loan from family, friends, or employer, medical bills, and, most especially, credit card charges, are automatically discharged by the court with order to the creditor to cease any form of collection from the debtor.
Chapter 7 bankruptcy can be a complex legal procedure. Besides evaluating properly first (with the help of a competent bankruptcy lawyer) if this is really the chapter to file, or if there even really is a need to file it, the debtor will also have to take a means test, which is meant to determine if his/her salary falls within the limit set under this specific chapter. The wisest move a debtor could make, according to the website of Ryan Ruehle, in connection with filing a chapter 7 bankruptcy, is to do it only with the help of a lawyer highly-competent in the bankruptcy law.
Posted by Annie on Sep 30, 2014 in Pharmaceuticals | 1 comment
Anticoagulants have had quite a run in the legal arena, mostly because of one thing they all share: the risk of bleeding. Different anticoagulants target different aspects of the coagulation process, but they are all designed to interrupt it to prevent the formation of blood clots. Blood clotting is an important aspect of healing; without this ability, anyone who gets cut or suffers a traumatic event will eventually die from uncontrolled bleeding.
However, blood clots can also pose a health risk if they form because of a chronic medical condition, such as atrial fibrillation. These blood clots can travel through the blood stream and cause blockages, triggering stroke, deep vein thrombosis, or pulmonary embolism. Anticoagulants are prescribed to prevent these events in at-risk patients by controlling blood clot formation.
Unfortunately, anticoagulants can also trigger uncontrolled bleeding that can manifest externally i.e. a wound that will not heal or internally i.e. gastrointestinal hemorrhage. These can lead to serious health complications, even death. The irony is, the newer anticoagulants such as Xarelto (rivaroxaban) have no known reversal agent, unlike warfarin which is why it remains the standard anticoagulant for patients that have the greatest risk of uncontrolled bleeding. These risk factors are detailed in http://www.williamskherkher.com/practice-areas/defective-pharmaceuticals/xarelto/.
Despite the risks, Xarelto continues to be prescribed because it does not require regular monitoring or changes in the diet which is necessary with using warfarin. There are many types of food that interacts unfavorable with Xarelto. Moreover, Xarelto and contemporary anticoagulants are only taken once a day with no need for constant dose adjustments, so it is convenient. The trade off is that once bleeding starts, there is no reliable way to stop it. The patient has to wait until the drug is purged in the system, which can take several hours.
If you have suffered from uncontrolled bleeding from using Xarelto which resulted in permanent or serious damage to your health, you may be eligible to get compensation. Consult with a recognized product liability lawyer in your area to find out your options.