Avoiding Personal Injury by Animals
Filed under: Uncategorized | Tags: animals attacking humans, florida dog bite attorney, injured by animals
Leave a Comment Many of us are animal lovers and adore our pets. It can come as a horrible shock if your beloved pet is suddenly found to have injured someone through an attack or by causing an accident. Keeping your pet secure from the possibility of injuring others is simply responsible pet ownership.
If you have a dog, no matter how loving and friendly, you need to keep him or her secure. Wandering dogs often cause accidents on the road. You may even be liable if a child becomes frightened of your dog and slips and hurts themselves. Keep your dog fenced at all times, and always have them on a leash if you are out. A huge number of dog injuries occur at beaches and in parks. There may well be exercise areas where you live where your dog is free to roam free. Check whether these areas protect you in any way from personal injury liability.
In some areas you may be protected from personal injury responsibility if your dog, or other animal, injures someone on your property as long as you have a Beware of the dog (or whatever animal) clearly posted. This is not the case everywhere though. Take the time to check your local laws.
While dog bites may be the most common form of personal injury by animals they are certainly not the only ones. It is surprising how many people can suffer from cat attacks or bites. Make sure your cat is vaccinated, not only to keep them healthy but to help avoid the spread of disease from scratches or bites. Cat bites can infect very quickly and if your cat bites someone else you may find yourself responsible for paying their medical bills.
Pet birds, poultry and ducks have also been known to attack humans. If you have visitors to your home, be sure they understand how to treat your birds, or better yet have your birds safely caged so there is no possibility of injury. Rodents and reptiles are no exception either. You never know when your peace loving rat may be frightened into biting. If you have a horse, think carefully before allowing others to ride or pet him.
Keeping your pet secure when others are around is just good common sense, particularly when children are involved. Without meaning to children can often frighten pets and find themselves injured. We all love to show off our pets and their wonderful natures but there is always an element of risk involved.
If at any time you feel you are going to put your pet in a position where injury is possible it may be worth taking out insurance. If you keep exotic pets this is almost essential. No one wants to go through the trauma of facing liability but it can and does happen. Show your pets you care for them. Keep them well trained, safe and secure for their own protection as well as for others safety.
For More Information Please Visit: The Weinstein Law Firm’s Website, Serving Southern Florida.
Avoiding Bicycle Accidents
Filed under: Uncategorized | Tags: florida bike accident attorney, off-road and extreme cycling, tallahassee bicycle
Leave a Comment Cycling is a great way to keep fit, a cheap form of transport and a great hobby. Most of us remember riding to school and many of us still send our kids off to school on a bike. Like most things though cycling does have its risks, especially in traffic. Being aware of those risks for yourself and your children is very important.
Off –road and extreme cycling also carries a high degree of risk. Most people who become involved in cycling as sport are well aware of those risks though, in fact they are part of the attraction. You are responsible for your own safety. If you are thinking of getting into any kind of cycling sport don’t skimp on safety equipment. Get a good bike, keep it well maintained and wear the appropriate safety gear.
Children and teenagers are perhaps most at risk cycling on the road. There is certainly no doubt that children can ride, but it is up to parents to make sure they know the risks on the road, can avoid them if at all possible and are able to react.
In most countries it is now illegal to ride a bicycle without a helmet. Head injuries have in the past posed the greatest risk to cyclists and wearing a helmet is the number one protection in safety gear. Many parents though will buy a second-hand or ill-fitting helmet for their kids. Second hand is not a good idea unless you can be absolutely sure that the helmet has not been in a previous fall. If it has it may have a slight crack or defect, effectively rendering it useless for any future safety. If you are buying a bike or helmet as a gift, don’t make the helmet a secret. It is vital that the helmet fits snugly on the head. Obviously it will need to be replaced as your child grows too. Never ever let you child, or yourself wear a helmet without the strap done up. The risk of personal injury is just too great.
There are courses available for kids (and adults) to teach good riding skills. Many schools offer these courses or you may have to go hunting online, in the local paper or in the phone book to find one. A few are even free! These courses are great for teaching kids rules of the road for cyclists, how to look for possible hazards, and how to get out of tricky situations fast. It is well worth paying out a few dollars to know your kid can ride defensively and could save their life. There are few things more horrifying than a call from the hospital or police to say your child is injured or dead.
Cyclists of all ages need to be sure they are visible on the road too. If a motorist can see you there is much less likelihood of accidents occurring. Lights and reflectors are a must. Brightly colored clothing helps too. Good footwear will help prevent accidental slips and falls. Keep your cycle in good working condition to avoid any sudden failures.
Stay seen, stay safe, and enjoy the benefits that cycling can bring.
Additional Website: Searcy, Denney, Scarola, Barnhart, & Shipley. Tallahassee, Florida Personal Injury Attorneys.
Statistics and Medical Malpractice
Filed under: Uncategorized | Tags: medical lawsuit, medical malpractice, professional negligence
Leave a Comment The term “Medical Malpractice” refers to instances of professional negligence through acts of omission. Health care providers are required to adhere to certain accepted standards of practice and any deviation from those standards, which leads to an injury or death, is considered medical malpractice. To offset this risk and expenses of a possible lawsuit, professional medical providers are required, by law, to maintain professional liability insurance. An example of medical malpractice would be a situation where a physician prescribed an experimental drug which led to the subsequent death of a patient.
In 2004, a study of primary care medical malpractice showed that error-related injuries and deaths were greater in situations where the care was provided in an outpatient setting. No individual medical issue was responsible for more than 5% of medical malpractice claims and 1/3 of the total number of claims came about as the result of a misdiagnosis.
Another study (by Healthgrades) has shown that, on average, in the years 2000-2002, 195,000 hospital deaths in the United States were caused by medical errors that could have been prevented. Another study involved the medical records of 37 million patients and utilizing current mortality and economic statistics, demonstrated that up to 98,000 deaths occurred each year as a result of medical errors. This study was published in the Journal of the American Medical Association (October, 2003).
A follow up study, in 2006, of the Institute of Medicine’s 1999 study showed that the most common type of medical error involved medication prescriptions – affecting 1.5 million patients annually. The study also showed that 40,000 of these medication-related injuries occurred in hospitals and were preventable. 800,000 occurred in long-term care facilities and about 530,000 occurred in outpatient settings. The report also stated that these numbers are most likely conservative.
In the year 2000 alone, costs associated with preventable medication-related injury were approximately $887 million – just for the additional medical care needed. Note that none of these numbers include other costs such as loss of productivity and lost job earnings.
Approximately 73% of medical malpractice claims, that were settled, involved medical errors. The New England Journal of Medicine, in a 2006 study, came to the conclusion that a claim with no evidence of medical error was not uncommon – but most of those were denied any compensation (72%).
A close examination of 1452 closed medical malpractice claims showed that 97% were associated with an injury and that 63% were associated with medical errors.
Please note that this article is for informational purposes only and is not intended as legal advice.
If you would like more information regarding a suspected medical malpractice occurrence, you can find out more, here. Or you can ask Florida Probate Lawyer Adrian Philip Thomas, P.A. – currently practicing in Fort Lauderdale, Florida.
Bike Accidents and Personal Injury
Filed under: Uncategorized | Tags: bike accidents, loiusiana accident lawyer, personal injury law firm
Leave a Comment Now, more than ever, people are looking at healthier, alternate forms of transportation that aren’t affected by gas prices or the expenses associate with an automobile. With more commuters on the roads traveling by bicycle, you should know how to protect your rights should you become involved in an accident while riding.
The visual requirements for being aware of cyclists on the roads are quite different from the visual acuity used when a motorist is aware of another automobile. There have been many cases when a cyclist has been injured by an automobile and the driver has actually blamed the cyclist – just because he or she was riding a bicycle!
If you become involved in a cycling accident, the first thing that you may be concerned about, are the injuries that you’ve suffered. But as time passes, other concerns begin to surface. Loss of income, from being unable to work. Loss of time from school. How are you going to pay the medical bills? How are you going to deal with an auto insurance company that is certainly not on your side? The answer is simple – you need experienced legal counsel in order to better understand your rights in this situation.
Without an attorney on your side, who is willing to aggressively pursue your case, why would an insurance company settle your claim for what it’s worth? You need to know the steps involved in pursuing the help that you need. Some of these issues will revolve around:
The repair (or replacement) of your cycle so that the original specifications of your cycle is matched in every way. This is especially crucial if your cycle was a high-end model or had certain custom characteristics that aren’t found on a standard cycle.
The repair (or replacement) of any bike accessories that were damaged or destroyed. Also, the replacement of clothing, helmet, wristwatch, cell phone or any item that was damaged in the accident.
But, most importantly, any damage that you, yourself, may have sustained. This does not only pertain to medical costs – but also to lost earnings and emotional trauma that you may be undergoing. The bottom line is that you need to get the facts from experienced legal counsel should you ever become involved in a cycle accident.
Please note that this article is for informational purposes only and is not intended as legal advice.
Cycle accidents can easily involve much more than just a damaged cycle. If you’d like more information regarding your particular cycle accident, contact Bloom Legal –located in the New Orleans, Louisiana area.
Medical Negligence Claims
Filed under: Uncategorized | Tags: long island medical malpractice attorney, medical negligence, punitive damages
Leave a Comment The legal definition of medical negligence is described as the action or failure to act in agreement with the appropriate standards of the healthcare practice. There have many instances where these low performance levels have caused personal injuries or death in the United States. Given the fact that this issue is rising, the government has set forth the appropriate laws to allow the injured individual the chance of recovery. It is important to understand the necessary information about medical negligence and how the person injured can take legal action against the offending healthcare professional or institution.
The Opposing Parties
In order to have a medical negligence claim there needs to be at least two parties; the plaintiff and defendant. The plaintiff is the injured person filing the lawsuit and the defendant is the healthcare professional or institution that supposedly failed to uphold the proper standards of their profession. In the event of a wrongful death, the surviving family members are allowed to file lawsuits in place of the deceased.
Contrary to popular belief physicians are not the only healthcare providers who can have a suit filed against them. Other healthcare professionals include dentists, psychiatrists, therapists, nurses, and laboratory technicians. On top of the professional being sued there are cases where the company or institution they work for can be sued as well.
Elements of the Case
If a plaintiff in a medical negligence suit wants the best chance and biggest reward possible they will need to the following elements of their case:
• The healthcare professional is legally obligated to supply care or treatment to the plaintiff.
• The defendant has violated their responsibility of adhering to the proper standards of the healthcare profession.
• The violation made by the defendant was the reason for the victim’s injury or death.
• The plaintiff’s injury or death was actually a result of negligence on the defendant’s part.
Compensation
There are a few types of rewards available for plaintiffs filing a medical negligence suit such as:
• Compensatory Damages- These include monetary losses such as medical bills and lost wages. There are also personal losses such as emotion and physical suffering, lost of a job, body pain, and loss of a relationship.
• Punitive Damages – These are founded on legal requirements of the established laws associated with negligent and reckless actions.
The Need For A Lawyer
Medical negligence cases are complex and intricate with many legal procedures. If you have been a victim of medical negligence hiring an attorney in that special area will be extremely beneficial. Those who do not seek council will not understand their rights and will become discouraged and never file.
Things a medical negligence attorney will be able to assist you with include filing the claims, gathering evidence, and understanding the legalities of injury law. It is also possible that these suits can take long periods of time.
Further Related Legal Information: For more information on personal injury in Long Island visit WurtzelLaw.com
IRS Collection Actions
Filed under: Uncategorized | Tags: IRS, tax attorney, tax collection, taxpayers debt
Leave a Comment The IRS is infamously known as persistent when it comes to collecting a debt. If you are indebted to the IRS, they have the right to put a lien or levy against your income and assets until you are paid in full. They also obtain the right to confiscate your property and use it to fulfill of your remaining debt. The consequence of this is that it can damage your credit, reputation, income, etc.
IRS Tax Liens
Any taxpayer who is indebted to the IRS is at risk for having a federal tax lien placed on their property. The lien is put in place to secure the IRS’s interest in the property and can only be really after the entire debt is satisfied. Having a tax lien placed on the property makes it difficult for you to take out a loan on the mortgage and can possibly interfere with the possibility of selling the property. The lien can also damage your credit and you may struggle to pay your tax debt or any other debt.
IRS Tax Levies
Another tactic the IRS uses during collections is a tax levy. A person who has debt with the IRS can possibly have any levy plays against their property, including any personal property, bank accounts, wages, investments, and/or wages until the debt is satisfied.
IRS Offers In Compromise
There are certain circumstances where the taxpayer’s debt is too large for the taxpayer to satisfy in full. Even under these certain circumstances the IRS will still try to collect the full amount. However, there is an option to resolve the problem by making an Offer in Compromise. This works by allowing the taxpayer and the IRS to settle the debt with terms that allow the taxpayer to pay less than the full amount.
The benefit is that any collection activities such as placement of levies or liens are placed on hold while the compromise is being negotiated, and will remain on hold as long as the taxpayer follows the agreement. However, this program is available to businesses and individuals who meet the qualifications. A majority of the time the IRS will agree to an Offer in Compromise when there is proof that the taxpayer cannot meet his debt requirements.
Installment Agreements
In the situation where the taxpayer owes more taxes than is possible for them to pay upfront, the IRS is usually cooperative in entering and Installment Agreement that allows the taxpayer to make monthly payments. With this option the taxpayer must agree to pay the full tax amount in payments over a period of five years or less. This option is usually available to individuals as well as businesses.
In order for the IRS to establish how much the taxpayer can afford to pay per installment until the debt is satisfied, they will perform a detailed investigation of the taxpayer’s financial situation.
Additional Legal Information: For more information regarding tax collection please visit the Thorn Law Group
Overtime Laws
Filed under: Uncategorized | Tags: florida overtime laws, miami overtime attorney, unpaid breaks
Leave a Comment The Fair Labor Standards Act also known as FLSA obligates all employers to pay their employee time and a half the hourly rate of pay if the employee works more than 40 hour per week. Meaning, if you make $10 per hour and you have 45 hours for the week, the additional 5 hours will have a pay rate of $15 per hour. Overtime is required for forced, mandatory overtime and also work performed off the clock. Sometimes employers have a written policy stating that overtime is excluded, but they may still be obligated to pay time and a half if the policy is not enforced or the employee was allowed to do the work.
Off The Clock
There are some employers who try to cheat the system in order to not have to pay overtime. Employers have been known to have employees work “off-the-clock” by having the employee work before clocking in and after clocking out. The employer may also have the accountant automatically deduct time for breaks and lunch, even though the employee may not use these breaks or may not be allowed to.
Unpaid Breaks
The medical profession industry is one of the most common times when these automatic deductions are abusive. Many medical professionals are on call, and thus if they only get a 5 minute lunch due to an emergency they are still docked for the full lunch. There are also cases where employers deduct breaks illegally from an employees pay. The law states that the employees are allowed 5-20 minutes of a break that is a paid break.
Employment Status
Other employers claim the employee’s status as independent contractor regardless of the fact that the employee is not in business for themselves. However, a working relationship, not the paperwork, decides the employee’s status. The actual definition of an independent contractor is a contractor who does work for more than one company at any given time and is in control of their own work.
Employers also try to dodge paying overtime by paying employees who are not exempt from being paid overtime with a salary rather than an hourly wage. Employees who have a higher level ranking such as administrative, executive, and professional employees are exempt from overtime payments. Employers will label their employees with the higher level titles as a method for avoiding overtime. However, even if they have the title but perform a different job, it is not really a higher level. Say you have the title office manager, but you do not manage anything and your duties include more of a secretary position. If this is the case you are entitled to an hourly rate with overtime not a salary with no overtime.
Additional Legal Web Source: HelpingWorkers.com. Serving clients in Boca Raton and Miami, FL.
Whiplash: Symptoms and Treatment
Filed under: Uncategorized | Tags: bradenton personal injury lawyer, whiplash
Leave a Comment Symptoms of Whiplash
There are many possible signs that you might be suffering from a whiplash injury, and not all will appear right at the time of the accident. Sometimes it takes a number of days for symptoms of whiplash to present. These symptoms might include:
• Pain and stiffness in the neck
• Headaches, blurred vision or dizziness
• Arm pain or weakness
• Discomfort in the shoulder or back
• Difficulty swallowing or chewing food
• Jaw pain or ringing in the ears
• Sensations such as prickling or burning
If you experience any of these symptoms directly after a motor vehicle or slip and fall accident, or a few days later, it is important to see a doctor right away for an accurate diagnosis and treatment option. The doctor’s visit will also serve as documentation for your injury, should you decide to pursue a personal injury claim against the responsible party.
Treatment for Whiplash
Whiplash is a curable condition, with most experiencing a complete absence of symptoms within a matter of weeks. However, severe cases may require surgical treatment which extends the recovery time and increases the cost of treatment exponentially. Most whiplash treatments begin with a soft cervical collar that is worn for two to three weeks. This collar serves to reduce range of motion in the neck so no further injury occurs. Once the collar is removed, physical therapy and medications can be used to reduce pain and inflammation and bring the neck back to a normal range of motion.
If you sustain a whiplash injury through a motor vehicle or slip and fall accident, you may be entitled to compensation for your injuries. Talk to a personal injury lawyer to find out what your rights are and what compensation you might be entitled to.
Legal Resource: Whiplash Injury Lawyer Gary R. Jodat. Assisting victims in Bradenton, FL.
Insurance Defense Cases
Filed under: Uncategorized | Tags: insurance defense, legal medical examination, tampa insurance defense lawyer
Leave a Comment Under no circumstances should you become angry or try to argue your side of the case. Do not refuse to answer any medical related questions. This is all the doctor is permitted to ask. If any questions are not appropriate, just politely state that your attorney will answer any of those questions. Respond accurately to the doctor. Don’t say that everything hurts. The doctor is often asked to document how you react to pain. You don’t want it to look like your responses are exaggerated. Under no circumstances should you volunteer information. This will be used by the defense litigation attorneys to come back at you. Don’t question the doctor’s credibility. This is the job of your attorney during the trial. Never use legal or medical terms. Never try to guess what the physician will ask. You may end up showing inconsistency. It is ok to say you do not know if the doctor asks something that you can’t answer.
The insurance defense has the right to have these examinations take place. By following the steps above, you will be giving the defense their right. You will also be protecting yourself against undue challenge during the trial.
Make sure that you have an attorney who is experienced in the area of insurance defense law. You will be going up against major insurance companies who are not working in your best interest. They are working to discredit your case. Your attorney will help you build the solid case that you need to get the recovery that you deserve.
This article is not intended as legal advice.
Supplementary Legal Information: The Tampa Law Offices of Abrahamson & Uiterwyk. Serving clients in Tampa and Clearwater, FL.
DUI Laws
Filed under: Uncategorized | Tags: felony dui, legal dui penalties, texas dui lawyer
Leave a Comment It is possible to end up facing a DUI charge if you have been pulled over and are under suspicion of drunk driving. DUI charges can be considered a felony or misdemeanor depending on the situation of your case. A DUI that is labeled as a felony will have a harsher punishment than a misdemeanor. Felonies are a more severe charge and carry a punishment of over a year in jail.
Those who are arrested for driving under the influence will wonder whether they will be charged with a felony or a misdemeanor. Hiring a DUI lawyer will help you establish whether your circumstances will be punishable by a felony or a misdemeanor.
Penalties
There are various penalties for getting a charged with a DUI such as monetary fines, jail time, alcohol abuse counseling and other penalties which vary from state to state. If you get pulled over for driving under the influence you will want to contact a DUI lawyer so they can help reduce the possibility of you being charged with a felony DUI. Some states use the term aggravated DUI, but it is still a felony charge and will have harsher punishments than a misdemeanor.
There can be aspects that may raise your charges to a felony. A majority of the states have the same type of laws for repeat offenders. Meaning if this is your second or more DUI offense, you will most likely be charged with a felony. In other situations, the blood alcohol levels will significantly affect whether there is a charge of a misdemeanor or felony DUI. If you have previous charges of vehicular homicide or vehicular assault that was a result of driving under the influence, your charges can raise to a felony. If the new charges are associated to an incident of vehicular homicide or assault, the likelihood that it will be a felony rises. There is also a possibility that there will be additional charges against you besides the felony, so contacting a criminal defense lawyer to handle your case will help the possibility of reducing your charges and punishment.
Conviction
Convictions of a felony carry a punishment that varies depending on the situation. Punishment can be monetary fines of up to $20,000 or more, up to ten years in prison, license suspension, ignition interlock device, counseling or classes, and your record will have a felony charge on it for good. Given the fact that these charges can be severe, a DUI lawyer is essential. Representation by a lawyer can help get you a reduced charge or penalties. They will help negotiate a plea to a smaller offense instead of being found guilty for a felony. A plea bargain will be your best shot at getting a lighter charger or punishment, but many will not be able to do this without hiring counsel.
Related Legal Website: The Law Offices of Michael Lowe. Serving DUI clients in Dallas, TX.
