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January 2, 2021 by

Boat Safety

Many people enjoy kayaking. It’s a great way to relax in nature and get good exercise. For those who don’t want to kayak alone, canoeing is perfect. Or maybe power boats are your preference. Whatever your choice of boat, you want to make sure that you stay safe while in the water. The following tips can help:

  1. Always be alert to what is in the water. Many people don’t realize that when they are in calm and high waters, there are still dangerous lurking underneath that could cause their boat to capsize. Things like trees, boulders, and other things often remain hidden under calm waters, but the results can be very dangerous.
  2. Always wear a life jacket, even in a canoe or kayak. This rule is even for people who are excellent swimmers. It is very easy to become fatigued, which can be dangerous. A life jacket will help keep you afloat in an emergency situation. Statistics show that life jackets substantially cut the risk of drowning if you are in a boating accident or incident.
  3. If your boat does tip over, do not panic. Your first reaction may be to try to head straight to the shore, but it is much safer to swim at an angle while holding onto the canoe as a floatation device.
  4. Always remain seated in the boat. If you stand up, it will cause the boat to rock, and it could easily turn over, potentially leaving you stranded or injured.
  5. Make sure you know the body of water you are going to kayak or canoe on. Some bodies of water are more difficult than others, so it is critical to your safety that you are prepared.
  6. No matter how tempted you may be, never drink alcohol when you are going out on the water. Just like drinking and driving a vehicle is a dangerous idea – as well as illegal – so is drinking and operating a boat. Alcohol impairs a person’s judgment, their ability to concentrate, and focus. It is estimated that alcohol is a factor in about one-third of all boating accident deaths.
  7. Take a boating safety course and get certified. Before you get your driver’s license, you are required to take driver education courses and learn the rules of the road, as well as how to safely operate your vehicle. Boat operators should do the same when they purchase a boat. A boating safety course will teach you everything you need to know to not only operate the boat, but also all the steps you should take to make sure you are adhering to boating safety. This includes what you should do in the event of an emergency or boating accident.

If you are in a boating accident, contact a lawyer, like a personal injury lawyer from Patterson Bray, to speak with someone who knows how to navigate a boating accident and can help you get compensation for your injuries.

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December 31, 2020 by

The Common Ways Medical Malpractice Happens

Medical Malpractice Lawyer

For most people, their health is a top priority. We may visit our doctor on a routine basis to make sure our mind and body is still going strong, and other times we may visit our doctor to receive treatment for an injury or illness. Either way, we reasonably trust that we are in good hands and that our doctor will not make mistakes. However, medical malpractice can and does happen. So you may be asking yourself, in what ways can a nurse, doctor, or medical facility commit an error that leads to patient harm? Here we have addressed this inquiry:

Misdiagnosis or Failure to Diagnose

Failing to diagnose a condition is a very common medical mistake. In fact, the most frequently incorrectd diagnosed illnesses are cancer and heart attacks. Failing to diagnose a condition that is life-threatening can have dire consequences for the patient and lead to serious injuries or death. 

Surgical Mistakes

Most of us have heard about surgical horror stories, such as the surgical staff leaving a surgical tool inside the body during surgery, performing a procedure on the wrong area or limb, and too much or too little anesthesia. 

Birth Injuries

Did you know that a significant number of medical malpractice claims have to do with child-related medical mistakes? If the OBGYN fails to provide a certain standard of medical care for the mother and baby before, during, or after delivery, it can cause catastrophic consequences. Conditions that are common for birth injuries include:

  • Dystocia
  • Nerve damage
  • Cerebral palsy
  • Cephalohematoma
  • Learning disabilities 
  • Brain damage
  • Erb’s palsy
  • And more 

Prescription Drug Errors

Doctors may prescribe the incorrect medication, wrong dosage, and/or fail to identify dangerous drug interactions based on what the patient is already taking. It is the responsiblity of the doctor and pharmacist workers to ensure a medication is correct, appropriate, and dispensed properly. 

It goes without saying that being affected by medical malpractice can leave a person feeling disheartened, and in some cases, in a great amount of pain and discomfort. Those who have been the victim of medical malpractice may want to consider getting legal help, from a professional such as a medical malpractice lawyer in Indianapolis, IN from Ward & Ward Law Firm. 

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December 25, 2020 by

Recovering Dental Injury Damages after a Slip and Fall Accident

Slip and Fall Attorney

Slip and fall accidents can occur anytime, anywhere. Very often, they are avoidable if landlords, private property owners, and retail establishments ensure that their grounds are safe for travel. Even city and municipal governments have a responsibility to make sure that pedestrians, employees, and visitors do not encounter hazardous conditions and suffer injuries as a result. When slip and fall accidents happen, the individual may be fine or they may suffer a catastrophic or fatal injury. For example, hitting one’s head may result in a serious or fatal brain injury. Another possible injury that may result from a slip and fall accident is of a dental nature. A child who chips a baby tooth may not be as affected as an adult who slips and falls and loses a permanent tooth. Regardless of the nature of the injury, if it is a serious one, the person may be entitled to compensation from the negligent property owner, whomever they may be.

Common Dental Injuries Resulting from a Slip and Fall Accident

When a person slips and falls, they may land on their back or on the front part of their body. Even if their face does not come into direct contact with the ground, the sheer trauma from the impact of hitting the ground (or a hard object) unexpectedly can jar the person’s head and teeth. When they make frontal contact with the ground or another hard surface, they may hit their jaw, lips, mouth, or teeth. The types of injuries that may result vary in severity and description, but some are more common than others. Here are several types of dental injuries that someone may sustain in a slip and fall accident:

  •         Fractured or broken tooth. The jagged edge of the injured tooth may also result in cutting or “splitting” a lip.
  •         Fractured or broken jaw.
  •         Severed tongue.
  •         Punctured gums.
  •         Damage to braces.

Determining Liability after a Slip and Fall Accident

Before the victim is eligible to receive compensation for their damages, they and their lawyer, like one at Barry P. Goldberg, A Professional Law Corporation, must prove who was liable for the slip and fall accident. If the person was walking alone on a dark night and slipped on an unlit city sidewalk because there was a large crack in the concrete and there were no witnesses, they will have a difficult time proving that the city is liable for their damages. However, if there was a traffic intersection video camera that happened to film the accident and there was a full moon by which to see the victim clearly, then that might help their case significantly. An experienced slip and fall accident lawyer will have the knowledge and resources necessary to build as strong a case as possible. Without their help, the victim is less likely to receive compensation because even government agencies do not want to pay out claims.

Contact a Slip and Fall Accident Lawyer

Most slip and fall accident lawyers offer a free consultation. After the initial case review, the victim can learn if they may be eligible to receive a settlement from the at-fault property owner. If you suffered one or more serious injuries in a slip and fall accident, contact a lawyer without delay.

Filed Under: Uncategorized Tagged With: slip and fall attorney

December 23, 2020 by

Is Bankruptcy the Best Solution for You?

More than 520,000 individuals and companies filed for bankruptcy in 2020. There can be several situations that force people into bankruptcy – real estate debt, new alimony and child support obligations, student loan debt, credit card debt, huge medical bills, litigation for non-payment of debts, unsellable property, etc. Nobody plans to be in financial trouble. It can be an extremely emotional time in your life, and it makes sense to seek advice from an experienced professional before you make any hard and fast decisions.

What is bankruptcy? It is an admission by an individual or a corporation that it cannot pay debts to its creditors. There are a few kinds of bankruptcy filings, and it is imperative that you understand the type of bankruptcy that most applies to your situation.

Filing for bankruptcy can provide incredible relief once your debts are cleared. Still, that doesn’t mean that all your problems will be solved immediately. Filing for bankruptcy can seriously harm your credit scores and make it nearly impossible to build them back up. Some kinds of bankruptcy could be attached to your name for up to 10 years. Your ability to secure loans for a home or other major purchases will be severely hampered. Your efforts to apply for a new job could also be affected.

Are there different kinds of bankruptcy? Yes. There are two common types of bankruptcy for individuals: Chapter 7 and Chapter 13. Chapter 11 is designed for company reorganizations while Chapter 12 applies to family-owned farms and fisheries.

Chapter 7 applies mostly to people with little or no disposable income. Referred to as “liquidation bankruptcy,” this means that most of their assets – including autos, appliances and almost anything other than their primary residence – can be sold off to pay their creditors.

Chapter 13, called “reorganization bankruptcy,” typically applies to people who have steady income. It allows them to keep their assets as long as they can meet their payment obligations as determined by the courts.

Understanding the maze of bankruptcy rules and filling out all the paperwork can be extremely challenging, especially as creditors are threatening to foreclose on your assets. Before you make any final decisions, you should contact an experienced bankruptcy attorney, who can help guide you through the legal process and ensure your rights are protected.

There are many decisions that must be made before filing for bankruptcy, as a lawyer, like a bankruptcy attorney in New Haven, CT from a firm like The Law Offices of Ronald I. Chorches, can explain.  

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December 23, 2020 by

Criminal Driving Offenses

Being involved in a criminal case can be very stressful, even if it is not your first time. If you or someone you know is charged with a criminal offense while driving, your best bet is to speak with a criminal defense attorney as soon as possible to get an understanding of the charge you are facing and what the possibilities are for your case. Many charges occur while driving. There are a few common driving criminal offenses that you should be aware of and try your best to avoid. Of course, if it is too late and you have already incurred these charges, speak with a criminal defense attorney as soon as possible.

Hit and Run

Hit and run offenses are very common. This happens when a driver collides into another vehicle or property and leaves the scene of the accident. This could even happen when the driver leaves for a moment and returns. You should never leave the scene of an accident. What could have simply been a citation can easily turn into criminal charges on your record. The punishment for the crime can vary based on the extent of the incident, but you may be charged with a fine or even jail time.

Reckless Driving  

Reckless driving is also common. This is self-explanatory — it occurs when someone is driving recklessly. This may simply be speeding far beyond the speed limit. It could also be swerving into another lane, carelessly putting other people in danger. It could even simply be driving with no regard to traffic laws.

 Driving with a Suspended License

Driving with a suspended license is also a common driving offense. This is also self-explanatory. If your license is suspended and you are caught behind the wheel of a car operating a vehicle, you can be arrested for driving while suspended.

 Contact an Attorney

Criminal cases could be very frustrating and life changing. However, guilty or not, you do not have to go through it alone. Should you or your loved one be facing criminal charges for a DUI, hit-and-run, or any other driving offenses, contact an attorney, like a criminal defense attorney in Atlanta, GA from Andrew R. Lynch, P.C., to begin building your defense as soon as possible. Your future may depend on it.

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December 19, 2020 by

Personal Injury: Worker’s Compensation vs. Non-Subscriber

Personal Injury Lawyer

Worker’s compensation vs. non-subscriber — what exactly are the differences between these two? Believe it or not, Texas is the first state to allow employers to opt-out of providing worker’s compensation insurance to become non-subscriber employees. Whenever it comes to worker’s compensation vs. non-subscribers the differences quickly become apparent. To the fault, compensation, and the way in which legal proceedings will take place, these two employment options differ from each other legally. This includes the realm of personal injury law.

To start with, the first main difference between worker’s compensation and non-subscriber workers is who is to be held at-fault and to what extent. For compensated workers, the employer understands there is no inherit “fault benefit” for the employee. If an employee is hurt while at work, they do not have to prove the company as being responsible to receive their benefits. Even if the worker is the one who caused their injury, they will still receive their insurance benefits.

On the contrary for a non-subscriber employee, if they get hurt while on the job, they must prove in some way it was the employer’s fault. For non-subscriber employees, they may have to take their case to court in order to receive their benefits from the company they work for, but in court, they only need to prove it is at least 1% of the employer’s fault that they were injured in order to receive compensation. Whether that be by negligence on the company’s part or because of unsafe working conditions for the employees. After the fault is decided there is still a difference in compensation for worker’s compensation and non-subscriber employees. 

Furthermore, once the fault has been determined (for non-subscriber employees) both of these kinds of workers will not receive the same compensation nor will the process for receiving their benefits be the same. In a worker’s compensation case, the employee can be reimbursed for not only their medical bills but for 70% of their lost wages. But the employee would only be able to receive partial long-term benefits if the injury was catastrophic. 

When looking at non-subscriber workers, those specific employees will be able to receive full compensation for their medical bills and any lost wages. Additionally, these workers may be entitled to future wage losses if their injuries result in complete or possible disability, while compensated workers are not. But remember, before non-subscriber workers receive any type of compensation, they will most likely have to go to court first. And sometimes compensated workers will have to go through some other legal processes as well.

Lastly, the legal proceedings for these two employment situations vary greatly between themselves. If a worker’s compensation benefits are denied by the company they work for then the employee must file an administrative appeal. Administrative appeals are relatively easy to fill out and are typically a streamlined legal process. While for a non-subscribed worker, if the company or employer refuses to pay them compensation for their work injuries then a lawsuit must be filled. This case may even go to a jury trial so the non-subscriber can hold their employer accountable. If this occurs for the non-subscriber employee, then gaining their benefits from their employer will turn into a long drawn-out process for both parties involved.

Upon considering each of these different factors between worker’s compensation vs non-subscriber employees, these things should be considered when taking on a job with either of these personal injury insurance policies. From whose fault the personal injury would be to how much compensation will be earned, or even how the legal process will turn out. These are a few of the core differences that these two employment situations encompass. 

Essentially compensated workers have an easier route to obtaining their benefits when injured at work. While non-subscriber workers will gain more benefits if their employer is found legally liable for their personal injury in the court of law. If you find yourself injured at work, you should consider contacting a personal injury lawyer at the law firm Brandy Austin Law Firm, PLLC could help you put the details into perspective. It is important to consider both of these employment situations when considering how a personal injury might affect your work and life when accepting a job offer.

Filed Under: Uncategorized Tagged With: personal injury lawyer

December 19, 2020 by

Should I avoid social media after a car accident?

The era of social media seems like it is here to stay. From catching up with old friends, meeting new friends and creating professional relationships, social media has become the highly recommended way for people to interact with each other. While platforms like Facebook, Instagram, Twitter and LinkedIn are wonderful tools the help us socially and professionally, they be the cause of some detriment if you have a pending car accident case on your hands, as a car accident lawyer in Atlanta, GA, like from Andrew R. Lynch, P.C., can explain. 

These social media platforms are a means to share part or all of our lives for the masses to see. The sharing on the platform leave a digital trail for each person on it. This digital trail can be used in some cases by the insurance adjuster who can be working your car insurance case. Here are three instances where posting on social media can be harmful to your car accident case. 

One way social media posts can harm your case in a negative fashion is it can bring up suspicion on how severe your car accident injuries are. Most people when they post on any social media platform, tend to make sure they have the most flattering photograph on there. Even if the photograph is highlighting injuries that occurred during a car accident, people will post the one that doesn’t make their injuries look as bad as it is. This flattering injury post can be harmful to your car accident case if an insurance adjuster sees it. An insurance adjuster can argue that your injuries are not as severe as you claim them to be, due to the post they found on your social media page. 

The second way social media posts can harm your case is by drawing suspicion on how much your cost of damages should be. Most people tend to believe social media posts can be innocent, however, if an insurance adjuster finds a post on your page or pages connected to yours about vacations, social outings, etc. it can really harm your case. An insurance adjuster can use that post to refute the cost of your injuries quoting that you are not suffering from too much monetary loss if you are able to go out with friends, or attend vacations with others. 

The last way social media posts can hinder your case is by calling into question your emotional distress claims. It goes back to posts that you have made being social with friends, or posts that your friend’s have made of hanging out with you. These can be argued by an insurance adjuster that you are not suffering from any emotional distress from the car accident since you are still actively around other people and not focused on recovering from injuries and damages caused by the car accident. 

Filed Under: Uncategorized Tagged With: Car Accident Lawyer

December 16, 2020 by

What is Impeachment Evidence?

According to Dictionary.Law.com, impeachment is defined as the process of discrediting a witness by proving that he or she has not told the truth or has been inconsistent, by introducing contrary evidence, including statements made outside of the courtroom in depositions or statements of the witness heard by another. Impeachment evidence can also be used to attack the credibility of a witness at trial.

Are Criminal Convictions Admissible Impeachment Evidence?

In some states, criminal convictions may be admissible impeachment evidence used to determine the credibility of a witness. Criminal convictions do not always destroy a witness’s credibility entirely, but if admissible, criminal convictions can be used to weigh the credibility of a witness’s testimony.

In Nevada, evidence of criminal convictions is only admissible if the crime was punishable by death or imprisonment for more than one year, or otherwise, a felony. Misdemeanor arrests and convictions are not ordinarily admissible, even for the limited purpose of attacking a witness’s credibility.

Generally, evidence of prior felony convictions, of ten years or less, is admitted into evidence if the underlying crime reflects untruthfulness. However, a trial court has the discretion to exclude evidence of a felony conviction if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Any party seeking to impeach a witness must produce a judgment of the conviction.

Prior Bad Acts Evidence

Evidence of crimes, prior un-convicted bad acts, or other wrongdoings may also be admissible as a prior bad act. However, there is a presumption of inadmissibility for prior bad act evidence. Any such evidence is inadmissible if the purpose is to prove the character of a person when his or her character is not in issue. Prior bad acts may be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. The party offering the prior bad acts evidence must demonstrate that the act is proven by clear and convincing evidence and the probative value of the evidence is not substantially outweighed by the danger of unfair prejudice.

While misdemeanor convictions are inadmissible for impeachment purposes in Nevada, a witness may be cross-examined regarding a prior misdemeanor conviction involving dishonesty, but outside or extrinsic evidence may not be introduced into evidence. 

 Are Plea Discussions in Criminal Cases Admissible in Civil Cases?

In some states, such as California, the following plea discussions are inadmissible in criminal and civil cases:

  • Offers to plead guilty
  • Withdrawn guilty pleas
  • Nolo contendere pleas
  • Any statements of fact made during the above plea discussions

However, any guilty pleas that are not withdrawn are admissible in subsequent civil litigation based on the same facts presented in the criminal case, under the party admission exception.

In Nevada, the following are inadmissible in criminal cases involving the defendant who made the plea, but admissible in a civil case:

  • Withdrawn guilty pleas
  • Guilty but mentally ill
  • And any related plea offers

Nolo contendere and offers to plead nolo contendere are inadmissible against the defendant who made the plea in criminal and civil cases.
Thanks to Eglet Adams, for their insight on impeachment evidence. Eglet Adams has worked on many cases in a variety of areas of law, including representing clients involved in mass tort lawsuits. To better understand mass tort lawsuits reach out to Eglet Adams and its mass torts lawyers.

Filed Under: Uncategorized

December 16, 2020 by

Protection After a Tripping Accident

Millions of Americans are injured every year as a result of trip-and-fall accidents. According to the National Safety Council, more than 25,000 slips, trips, and falls happen every day in the United States. That’s one every 17 minutes.

Many of these incidents occur due to unsafe and dangerous conditions. Maybe the floor is slippery, the stairs are unstable, a stairway railing is loose, a wire or cord is not fastened to the floor (becoming a trip hazard), or the sidewalk is uneven and cracked. The incident can occur at the workplace or school, at the shopping mall or the grocery store. Regardless of where it took place, if you believe someone else is responsible for your accident, and you incur injuries for which you should be compensated, you should consider hiring a trip, slip and fall attorney.

Why hire an attorney? Most trip-and-fall cases aren’t easily settled for at least two reasons. First, most business or property owners (and the insurance companies that represent them) aren’t typically interested in accepting legal responsibility for an incident on their premises unless their liability is obvious. Second, it’s quite common for property owners to argue that the victim’s injuries aren’t serious or certainly not as bad as they claim.

For a property owner or a third-party defendant to be held responsible for your accident, you will need to prove that the defendant was negligent, and that this negligence created the hazardous conditions that caused your accident. And, you might also need to prove that the defendant knew about the problem (or should have reasonably known) and didn’t make a sincere effort to keep the property safe.

To be successful, a thorough investigation will be needed in order to prove your case. Such an investigation could include:

  • Obtaining surveillance footage of the fall;
  • Securing witness statements and testimony;
  • Finding expert witnesses, seeking their opinions and potential testimony;
  • Researching records to determine whether previous trip-and-fall accidents occurred on the property; and more.

In addition, you will need to document any lost income via your employment records, organize all your medical records and bills, and reasonably project your loss of future earnings. Nothing short of a team of professionals will be needed to help you investigate, analyze, negotiate and litigate your case. For more information, considering hiring an experienced and specialized legal professional, like a trip and fall attorney from a law firm such as Yearin Law Office.

Filed Under: Uncategorized

December 10, 2020 by

What Can Senior Malnutrition Cause?

Nutrition is important, no matter your age. However, the older you get, the more likely you are to experience malnutrition. If your family member requires a lot of care, and you’re considering a nursing home for them, reach out to your list of homes first to ensure their malnutrition rates are not high. You don’t want your loved one to experience malnutrition because this issue can cause a lot of problems down the line.

If your loved one experiences malnutrition at the hands of a nursing home, reach out to a nursing home malnutrition lawyer in NJ such as the ones available at Davis & Brusca, LLC to discuss your case and get compensation for your family’s suffering.

Problems That Malnutrition Causes

  • Older adults may be prone to malnutrition, and that can lead to various health concerns. Some such concerns are:
  •  A weak immune system, which can increase their risk of infections. These infections can lead to fatal results, disabilities, and more.
  • Their wounds will not heal properly, because their body doesn’t have the nutrients it needs to do so.
  •  Adults who are prone to malnutrition have a higher risk of hospitalization, and a higher risk of death.

These various health concerns can become dangerous and are unpleasant. That’s why it is important to understand what malnutrition can cause in an elderly person.

Factors That Cause Malnutrition

Some factors of malnutrition are extremely straightforward. However, malnutrition is not just caused by too little food or a diet that lacks nutrients. It’s also caused by physical, social, and psychological issues in the person’s life.

Some things that may factor into malnutrition are:

  • Age-related changes such as change in smell, taste and appetite. These things typically decline as you age, which can make it difficult to enjoy eating.
  • Illnesses such as diseases that cause inflammation can decrease your appetite and change how your body processes nutrients.
  • You may develop an impairment to your ability to eat. This can be anything from issues swallowing and chewing, to poor dental hygiene and issues holding forks and spoons.
  • Dementia is a major issue, as you forget to eat. You may think you ate, bought groceries or otherwise cared for yourself, but in reality, you’ve been forgetting for a while.
  • Medications may affect your appetite or your ability to absorb nutrients.
  • Diets, such as restricted ones that may be placed on you, can cause you to feed poorly. These diets are commonly used to manage disorders such as diabetes.
  • Limited income is another common issue. Many older people have to rely on their social security money, and may not be able to get the food they need.
  • Depression can lead to alcoholism, which can interfere with digestion and absorption of nutrients, but depression can also cause grief, loneliness and otherwise failing health that leads to eating less due to loss of appetite.

When you place your elderly loved one into a nursing home, you should know they’re being taken care of. That means their needs, including nutrition, are being met. If you notice that isn’t the case, reach out to a malnutrition lawyer that has experience to help you file against the home and caretakers.

Filed Under: Uncategorized

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