Unfortunately, it is not uncommon to still find asbestos in our homes and schools. In fact, even though asbestos exposure can lead to many harmful diseases, many buildings and products still contain it. However, when it comes to actually knowing what asbestos is, how it can harm us, and what we can do about it, many people do not have the facts they need. If you are concerned about asbestos exposure or if you have been exposed to asbestos and are struggling with a related disease, do not hesitate to contact a lawyer, like a personal injury lawyer from Wieand Law Firm, to discuss your claim. Below is valuable information on facts about asbestos, where you can commonly find it, what you can do about it, and steps to making a claim after an illness. If you have any questions, please contact a lawyer right away. 

If asbestos is so bad, why is it still in so many products?

In the 20^th century, asbestos was used in a large number of products and industries because of its durability. While experts believed that it was the best product to use while constructing buildings and appliances, they later found out that there were harmful and deadly side effects to using it. Thus, even though companies are banned from using it, that does not mean that all buildings with asbestos were torn down or that all products were taken off the shelf. In fact, asbestos is still commonly found in:

• Decorative materials
• Roofing
• Ceilings
• Insulation
• Certain types of paint
• Vinyl tiles
• Steam pipes

What are the health risks of asbestos?

When something that contains asbestos is disturbed or broken, the asbestos particles become airborne. This is the easiest way for people to breathe it in and get the particles stuck inside their bodies. Because asbestos itself is naturally occurring, it is not uncommon for many people to breathe in trace amounts of it daily. However, when you begin breathing in significant amounts, that’s when the real danger happens. Many construction workers are at high risk because they might discover tiles or buildings that contain asbestos insulation in them and not realize that they have asbestos until the item is already damaged.

Common Illnesses

Some of the most common illnesses that come with asbestos exposure are:

• Lung cancer
• Asbestosis
• Colorectal cancer
• Mesothelioma

How can I minimize the risk?

First, it is imperative that you know that just because there is the presence of asbestos in your home, office, or school does not mean you are at risk. However, when the area containing asbestos is damaged in some way, then the particles become airborne. You need to speak with an asbestos removal company in your area if you find rooms containing asbestos. They can recommend the best course of action to take.

If, on the other hand, you have already been exposed to asbestos and are showing signs of an illness due to this exposure, then speak with an attorney immediately to determine what the best legal course of action is to take. 

Many cities are embracing a clean air initiative by making large numbers of bicycles available to its citizens. Along with benefiting the environment, this transportation mode leads to a greater incidence of dooring accidents.

What Is “Dooring?”

Dooring happens when an automobile’s occupant opens its door into oncoming traffic, causing it to obstruct a cyclist’s path. The cyclist sometimes collides with the open car door or swerves into another traffic lane to avoid it. Dooring accidents increase with the placement of bike lanes too close to parking zones.

What You Should Do After a Dooring Accident

Getting doored is traumatic, and it is imperative to get examined by a qualified medical professional as soon as possible after the accident occurs. The following steps are necessary to ensure your well-being:

1. Call the police or ask someone to call on your behalf
2. Request a copy of the police incident report
3. Go to the emergency room immediately
4. Get a formal medical report
5. Follow up with a medical provider

Who Is Liable for a Dooring Accident?

In your accident’s aftermath, you may experience severe pain, discomfort, and possible disability due to your injuries. The medical treatment and expenses associated with your recovery can be immense. Fortunately, you may not be liable for all or any of these expenses, depending on the circumstances.

Most states’ laws require individuals to look for oncoming traffic or pedestrians before opening their vehicle doors and before loading and unloading from vehicles. If a passenger fails to do this, causing a cyclist to have an accident, the cyclist may receive damages for medical expenses, lost wages, pain and suffering.

Sometimes, a vehicle passenger and a cyclist share responsibility for an accident. For example, if a passenger can prove that the cyclist had sufficient time and space to avoid the open door, both parties might share the liability. When this happens, it is usually because the cyclist was not paying attention or was exceeding the legal speed limit.

Paying The Bills

After a dooring accident, you may worry about paying your medical bills or returning to work. Depending upon the circumstances of the accident, several options might help cover the financial costs of the accident, including:

• Personal liability coverage under the vehicle owner’s auto insurance 
• Personal injury protection coverage under your auto insurance 
• Uninsured or underinsured motorist coverage under your auto insurance
• Your medical insurance

When a bicycle dooring accident leaves you incapacitated for any length of time, a lawyer, like a personal injury lawyer from Darrell Castle and Associates, PLLC, can help you navigate your options so that you can focus on healing.

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.

Personal Injury Lawyer

Many people find themselves driving on unfamiliar roads due to the following circumstances.

• Vacation travel
• Business travel
• Infrequent driving

Receiving a traffic ticket while you are driving in another state can be unsettling and confusing. A traffic ticket lawyer might advise you to take the following actions.

Pay the Fine

Paying the fine for a traffic ticket issued in another state may be the most expedient way to deal with it. Unless you intend to contest it in court, you risk further penalties and even arrest if you don’t pay it. Not paying a fine will also haunt you when you return to your home state because of the interstate Driver License Compact (DLC) (https://apps.csg.org/ncic/Compact.aspx?id=56), which obligates most states to share details about traffic infractions and violations.

Attend Driving School

You can also determine if the state that issued the ticket offers an online driving school with classes you can take to remove points from your record. You will still be responsible for the fine, but you won’t need to worry about added points.

Contact Your Insurance Carrier

Your insurance carrier uses an entirely different system of points when it calculates your monthly premiums. If you receive an out-of-state traffic ticket, you won’t be able to prevent your carrier from knowing about it; however, you can ask about having the points waived if you attend driving school. If you’ve never had a ticket before, your carrier may agree. The way your insurer deals with an out of state ticket will vary according to a particular policy.

Prepare Your Case

If you decide that you want to contest an out-of-state ticket, a traffic ticket lawyer can assist you in preparing to present your case in a court of the state where the ticket was issued. Challenging a ticket can be complicated if you are unfamiliar with state laws, and you can’t expect the court to waive either the fine or the points.

Understand the Rules

Never assume that traffic rules are the same as the state in which you live. For instance, familiarizing yourself with local traffic regulations before driving in another state is the best way to avoid costly tickets for speeding, illegal turns or other citations. Although this approach may take some effort, it can save you from substantial headaches, fines and insurance premium increases over the long term.

If you receive a ticket while driving out of state and don’t know what to do, contact a traffic lawyer, like from The Law Office of Mark T. Hurt, for advice.

 Personal Injury Lawyer

Adults are not the only people who can make a claim about a personal injury that they have endured from a minor or major motor vehicle accident or an accident from slipping and falling. A child can too make a claim about a personal injury that they have endured. A person’s age does not decide if someone should be a victim or not. Yet, if the child is under the age of eighteen and they sustained injuries because of being neglected by someone, their parents or their legal guardians must be the ones who file the claim about their personal injury for them. Parents must file a personal injury claim for their child even if they too have endured an injury from the same thing as their child. 

Just like any other normal claim about your personal injury, the majority of the states allow you to make a claim on your personal injury in the matter of two years. Yet, the two years do not start until the child who sustained these injuries make it to the age of eighteen. Even though it wouldn’t be the best idea to wait until your child to hit the age of eighteen before filing for a claim about your child, it is legal for you to do that in most states. 

A child can deal with the pain that they have endured from the injury a lot longer than an adult will depending on the age of the child and the type of injury that they have endured. A child can also deal with being able to real their full development of their mental and physical state. For instance, if a child was to suffer from a head injury, then it would affect them more than if an adult were to suffer from a head injury because they don’t have fully developed brains like an adult does and a head injury may lead to having long lasting brain problems for the child. 

Having to deal with a personal injury claim for your minor child can be a lot on a parent, as if they were the child. This is why there are attorneys available to assist with the case and lighten the load. In the event that you or someone you know has to pursue a claim for a child, speak with a skilled personal injury attorney in Atlanta, GA, like from The Law Offices of Andrew R. Lynch, P.C., as soon as possible. This conversation can make all of the difference in the outcome of your case.

Accidents are sometimes unavoidable, but that doesn’t mean you need to suffer substantial losses or financial debts because of them. Personal injury claims are specifically made for people who become injured because of another’s negligent accidents. The most common form of this comes from car accidents where another person was driving recklessly, intoxicated or made an error, and now you have an injury and medical bills because of it. To get back on your feet, a personal injury claim may be your only option. Here’s what you need to know about them.

The Accident Scene Contains Key Proof

You might be discombobulated after an accident, but once nerves have settled, you need to collect some evidence that could benefit your claim. At this point, you might not even know you’ll be filing a personal injury claim, so it’s important to get the details no matter if you think you’re injured. Before leaving the accident scene:

• Exchange contact and insurance information with the other driver
• Take pictures of the accident and any damage
• Get witness statements if possible
• Seek medical attention immediately afterward

Though these aspects may seem futile at the time, they could become important in proving that the other driver was negligent and that your injury was caused by the accident.

Time Is Limited 

You don’t have forever to file your personal injury claim once you’ve determined you need it. Every state has what’s called a statute of limitations, which is a deadline they require all claims to be made by. If you try to file your claim after that deadline, it will likely be rejected. The most common deadline is two years immediately after the accident, but some states have longer and shorter timelines. Check your state laws to be extra sure you don’t miss it.

A Lawyer Is Sometimes Necessary, and Sometimes Not

Personal injury cases can range from incredibly simple to very elaborate and convoluted. If your case seems straightforward enough at the beginning, you are free to take it through yourself; a lawyer is never required. However, for cases that involve a lot of money or where it isn’t entirely clear who is at fault, hiring a lawyer may give you greater chances of success. There’s never a guarantee of a win, but a lawyer with plenty of experience and a working knowledge of your state’s laws can help immensely in getting you compensated. You can hire a personal injury lawyer in Canoga Park, CA, such as from Unidos Legales, at any time during the claims process.

 Personal Injury Lawyer

Accidents that cause injuries come in many forms, but one thing is similar in every case. If another individual or entity caused your accident and injuries, you may be entitled to a settlement. The following are some common questions you might have regarding these types of situations.

What Types of Injuries Can I File a Lawsuit For?

There is a wide range of injuries that you could file a lawsuit for. As long as the injury took place because someone neglected to provide a certain level of care that any other individual in the same situation would provide, you are typically entitled to compensation. Some examples include medical injuries, car accident injuries, personal property injuries and other similar types of situations.

What Damages Can I Seek?

The damages you can seek will be largely determined by how you suffered from the accident. For example, if your injury was severe enough to require surgery and months of recovery, you could seek damages for medical bills and lost wages. If your injuries will prevent you from working for the rest of your life, you could seek loss of future earning capacity. If your injuries prevent you from enjoying life in the same way you could before, you may be able to seek loss of enjoyment of life, loss of consortium, loss of companionship and other similar losses.

Can I File a Claim If My Insurance Company Already Paid My Bills?

If your insurance company already paid for your medical bills, you can still seek a lawsuit against the responsible party. Most likely, your insurer will place a lien on your settlement, which means they would get paid back for what they paid out before you would see any of the settlement yourself. There are other entities that could place a lien on your settlement as well, so be sure you discuss that with your lawyer.

Will I Receive Compensation If I’m Partially At Fault for the Accident?

There are some situations in which you’ll hold partial responsibility for your accident. If that’s the case, you would only be eligible to receive a portion of the settlement. For example, if you were found to be 20% responsible for your injuries, you may only be awarded 80% of what the court determines is the settlement amount.

Contacting a Lawyer for More Answers

Chances are you have more questions. Contact a personal injury attorney in Indianapolis, IN, like the Ward & Ward Law Firm. Their expertise and knowledge will only give you an advantage when arguing your claim.

Personal Injury Lawyer

Nursing home residents have various conditions that may dictate many levels of care. Since a patient’s health and safety are the primary concerns, facilities must handle things as they see fit. There may come a time where a patient wanders or falls. In these situations, is the use of restraints allowed? Physically or chemically restraining a resident may become a slippery slope for nursing home administrators. Find out what more about how the policies may vary and what conditions may necessitate it.

What Necessitates Restraints?

Patients dealing with dementia or Alzheimer’s may quickly become unaware of their surroundings. When periods of lucidity are fleeting, a person may lose a sense of their safety. This may drive them to try to leave the nursing home facility — a move that may result in their injury. Some nursing homes have lockdown wards for patients dealing with these types of conditions. Restraints may be used to keep them further confined to their rooms. If the facility believes it is in the patient’s best interest, they may use these methods, but only sparingly. A patient cannot be tied down to their bed or a chair for hours at a time.

What Kind of Restraints Can a Nursing Home Use?

A nursing home may use physical restraints, such as a vest or wrist straps to secure a patient to their bed for a short period. In some cases, nursing home staff may use medication to keep the patient calm and sedated rather than using physical restraint systems. Nursing homes with lockdown areas may keep patients in their rooms by securing doors or using alarms to indicate if someone has wandered away.

What Are the Terms of Use?

A nursing home cannot forcefully and physically restrain a patient without their or their guardian’s consent. This does not mean the guardian will get a phone call every time an incident occurs. It usually means upon admission, the guardian is asked to permit the staff to restrain the patient under limited conditions. This permission may be revoked at any time, especially if the guardian suspects that the methods used are unnecessary or not used properly.

It should not be a practice used for anything other than resident safety, and even then it should be used sparingly.

Personal Injury Lawyer

To file for divorce is a major decision. Once you’ve chosen to dissolve the marriage, it is time to start the process. The amount of stress that most people are under during the filing process can make the whole situation even more difficult. What paperwork do you need to keep track of? How do you file a petition with the court? Divorce can feel overwhelming. Here are a few tips to remember when filing for divorce.

Organization Is Important

If you plan to divorce your spouse, organization has to be a top priority. Documents that you need to gather include mortgages, financial records, vehicle titles and more. It helps to have all of these documents readily available before you file for divorce. If you have shared copies with your spouse, then you need to make extra copies so that you can present your documents to your attorney. Do this before you file for divorce because some spouses may attempt to stop you from accessing the documents if you haven’t already. Organization can help to streamline the process.

Attorneys Help With the Process

An attorney offers an invaluable service when you are going through a divorce. As someone new to the divorce process, you probably aren’t aware of all of the different rules that may apply to you. Each state has its own set of laws. These laws can differ in terms of:

• Filing fees
• Child custody laws
• Waiting periods
• Property distribution laws

Additionally, how you file for divorce may change from state to state. An attorney will be able to discuss the rules with you and help ensure that you stay within the realm of the law throughout your divorce.

Divorce Requires the Correct Forms

If you have an attorney, he or she can help make sure that you file the correct forms. If you are on your own, you can usually access the court’s website to download and fill out the forms. There are different forms of people in different situations. For instance, forms for a couple who have kids and own a house together will be different than couples who do not own any property at all.

Going through a divorce is an emotionally taxing event. If you have an attorney by your side, it can take some of the stress off you.

Personal Injury Lawyer

Everyone needs an attorney for different reasons; therefore, special attorneys are available for many different instances. When someone is facing a civil case, they may be in need of an attorney. It is important to understand what type of attorney you need and why. Typically, a civil litigation attorney focuses on cases between a victim or plaintiff and another party. There are cases a civil litigation attorney would usually handle. Here are a few examples so that you can understand what type of attorney you need and what they can assist you to obtain.

Personal Injury Attorneys

When you suffer an injury to your body due to the negligence of another individual, this is personal injury. This may come about in a motor vehicle accident, medical malpractice, an on the job injury, or even battery. These case types are quite common, so it should be a breeze finding a lawyer, like a personal injury lawyer in Atlanta, GA from the law office of Andrew R. Lynch, P.C., to assist with one of these unfortunate events.

Employment Attorneys

Any work-related incident may require an employment attorney should another party be involved. There may be an instance where an individual may be relieved of their duties on the job and want to pursue a claim against their employer for maybe wrongful termination. This is where you will need to contact an employment attorney.

Business Attorneys

Any issue stemming from a business may require a business attorney. Maybe you were billed for a service that was never rendered or maybe a business partner reneged on their end of the business deal. For either example, you could potentially need a business attorney to help you resolve the matter.

Landlord/Tenant Attorney. 

There are contracts that bind landlords and tenants to an agreement. In many cases, if the contract is not honored, a third party may need to be involved to mitigate the situation. This may involve past due balances, or even evictions. 

Civil Cases

An attorney is very handy in civil cases because they are experienced in the law and will be able to help you navigate through your civil battles. No matter what the legal matter is, even if you ultimately do not hire an attorney, it is wise to speak with a skilled attorney in the necessary area to ask all of your questions and receive insight about what your legal options are and what your next course of action should be. Should you or someone you know have a civil matter, speak with a civil litigation attorney as soon as possible.