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What kinds of costs are associated with the treatment of a brain injury in Cedar Rapids?

June 17, 2021/0 Comments/in Uncategorized /by DAMG DAMG

Cedar Rapids, IA – Traumatic brain injuries and concussions are one of the most serious types of problems that can occur during any accident. The victim will normally require emergency medical care, along with several other types of treatment afterwards to aid in recovery. Anyone who is in this situation should speak with an attorney to learn about the possibility of a lawsuit that can help pay for medical costs and other types of losses caused by the accident.  

The total cost of the injury

Most brain injuries will cost somewhere between tens of thousands of dollars and over one million dollars to treat completely from start to finish. Various forms of rehabilitation can cost well over one thousand dollars per day. The initial transportation and emergency services immediately following the accident will likely add up to several thousand dollars as well. There are also scans of the brain and diagnostic treatment which requires special machinery and can be expensive. 

There have been documented cases of life long treatment for permanent injuries for brain damage that have cost several million dollars. Americans as a whole spend several billions of dollars each year on treatment related to brain injuries and recovery. 

Recovering financial losses

A lawsuit may be necessary to recover large financial losses associated with a brain injury, even if the victim has a relevant insurance policy. In addition to the costs of medical treatment, the victim may be able to recover lost wages and income due to missed time from work, as well as compensation for physical and emotional pain and suffering. If someone has very high costs because of their brain injury, it is unlikely that their insurance will cover everything, and an injury lawsuit may be their only option. 

The process of bringing a civil case

The accident victim should first find a local firm and schedule a meeting to discuss their situation. This is where the attorney will give some basic advice such as whether a lawsuit is necessary and the steps associated with the process. If there is an agreement on representation, the lawyer can file the initial complaint that begins the lawsuit in civil court. The parties will start to exchange information through the discovery process and there will either be a settlement or trial to conclude the case. 

Advice from injury attorneys

Eells and Tronvold Law Offices handles all kinds of cases related to personal injuries in the Cedar Rapids area. Accident victims can consult with one of the firm’s attorneys to decide on a course of action. 

Firm contact info:

Eells and Tronvold Law Offices

1921 51st Street NE, Cedar Rapids, IA 52402-2400

319-393-1020

www.eellsandtronvold.com

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What factors determine whether a property owner must pay for injuries in Iowa?

June 17, 2021/0 Comments/in Uncategorized /by DAMG DAMG

Iowa City, IA – All property owners and especially businesses that expect guests have a duty to keep these areas safe. There is the possibility of a civil lawsuit related to premises liability if a person is injured on the property. All states have specific laws related to premises liability, and Iowa’s Supreme Court established a number of factors that need to be examined to determine whether the property owner exercised reasonable care or not, and if the plaintiff will be successful in their lawsuit. 

Factors given by the court

The first factor in looking at the owner’s level of care is whether the harm was foreseeable. This means that obvious, known conditions that are likely to cause injuries while someone is on the property should be fixed or there should be restricted access. 

Another factor is the reason that the person entered the property. Someone who has legitimately entered the property for business or other expected purposes should remain safe while present. 

The owner should be mindful of various kinds of inspections and repairs as well. A property owner may be considered negligent if they fail to make repairs, inspect the property, and generally keep it in a safe condition. If there are conditions that cannot be fixed, adequate warnings should be posted to warn people in the area. 

The burden on the property owner to fix these issues is an important factor as well. Something that is easily corrected should not be left as a possible hazard, while more extensive renovations or repairs may not be able to be made immediately.

If the person is a trespasser, there is no obligation to exercise care to them from the landowner in Iowa law. However, landowners cannot intentionally harm discovered trespassers.  

Negligence lawsuits

All of these factors are meant to establish whether there was a breach of the relevant duty of care placed on a landowner, which is only one element of negligence. The other elements of negligence include establishing the relevant duty of care, causation, and damages. 

The main advantage of bringing a negligence case after any kind of accident, is that there can be a summary of damages. This means that the defendant will have to end up paying for the plaintiff’s losses such as medical treatment costs and lost wages if the lawsuit is successful. This is usually done through a settlement. 

Help from licensed lawyers in Iowa

Eells and Tronvold Law Offices assists people with civil lawsuits in the state of Iowa. Anyone who needs compensation after an injury can contact their attorneys and schedule a consultation to learn more. 

Firm contact info:

Eells and Tronvold Law Offices

1921 51st Street NE, Cedar Rapids, IA 52402-2400

319-393-1020

www.eellsandtronvold.com

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Are employers allowed to retaliate against workers for making a compensation claim?

June 17, 2021/0 Comments/in Uncategorized /by DAMG DAMG

Charleston, SC – All workers are legally entitled to file a workers compensation claim if they have been legitimately hurt while engaged in their job duties. Employers are not allowed to retaliate against the person for asserting their rights or utilizing this claim process. There are a number of forms of protection available for workers, and the employer can be sued for various types of compensation if they are guilty of this kind of behavior.  

Reporting the injury

After a worker is hurt, they should notify their employer and start to go through the process to file and document the claim. The employer is required to take all injury claims seriously and contact their relevant insurance provider, as all workplaces in South Carolina and other states are required to carry workers compensation insurance. The reporting process may also include the worker speaking with an insurance company or an administrative board assigned to workers compensation issues. Some employers get angry if they feel that the person will talk about unsafe work conditions or other problems in the workplace, which often provides a motive for retaliation. 

Determining if retaliation took place

Some workers who file for benefits after being injured may find that they are suddenly terminated from their positions, demoted, or experience other adverse consequences. In some cases, this may be because the employer believes that the person is trying to abuse the process or receive pay through illegitimate means. Regardless of the motivations behind their actions, retaliation is illegal. 

Once a worker starts to experience this kind of treatment, they should consult with a lawyer. The attorney or firm may have a number of questions to try to determine if their actions are legitimately retaliation, or whether the employer has an objective basis for disciplining the person. 

Remedies for workers who have experienced retaliation

A person who is successful in their action against their workplace can receive a number of different kinds of damages through a retaliation lawsuit. Their lost income and wages will likely be one aspect of their compensation. It is also possible that the judge assigned to the case may order the employer to place the person in their former position or provide comparable work. Because retaliation is viewed as intentional or malicious behavior, the employer may also have to pay punitive damages as a form of punishment for their actions. 

Contacting a workers compensation attorney

The Clekis Law Firm helps people with various workers compensation issues in the Charleston area. Their attorneys can provide advice and guidance throughout the claim process, as well as during any related issues that may emerge. 

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]

843-900-0000

clekis.com

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What do injury attorneys in South Carolina do to try to get their clients compensation after an accident?

June 17, 2021/0 Comments/in Uncategorized /by DAMG DAMG

Charleston, SC – A personal injury lawyer’s job is to use evidence and legal argument to try to get their client as much compensation as possible through a settlement agreement or a jury verdict. There are certain things that these attorneys routinely do which maximize the chances of a favorable outcome for their clients. Anyone who has recently been hurt should direct their questions to a local firm so that they can start the process to be compensated properly. 

Summarizing the damages

The pleadings that begin a civil injury case will list all of the plaintiff’s financial losses, which are sometimes called damages as well. After many accidents, this will include their lost income and wages, costs of medical treatment, medications, and doctor visits, and non-economic compensation for pain and suffering. A skilled lawyer will not overlook any costs that the client endured which may have been due to the defendant’s negligence.  

Using the evidence

Most accidents have pieces of evidence such as photos of the scene, reports from police who responded to the area, and testimony from witnesses. The firm may also conduct their own investigation to collect and analyze information that is relevant to the case. When a lawyer is in settlement negotiations, or they are arguing in front of a jury, they need to know how to craft a narrative that uses this kind of evidence to show that the defendant was clearly at fault. The rules of evidence give attorneys a fair amount of latitude to do this as long as their arguments are relevant to the issues in the trial and supported by some of the available evidence. 

Knowing the law

South Carolina and other states have various rules for personal injury cases and related matters written into their statutes. This can include things like time limits, damage caps, or rules that make defendants pay more for certain behaviors through punitive damages. An experienced attorney can use their skills to apply the law in a way that favors their client and maximizes their chances of success. There are also laws related to insurance claims and insurance regulations that are relevant after motor vehicle accidents and other common causes of injuries. Attorneys who deal with injury cases usually have extensive experience dealing with insurance companies and claim denials as well. 

Personal injury attorneys in South Carolina

Anyone who needs help after a motor vehicle crash in the Charleston area can retain an experienced lawyer. The Clekis Law Firm provides representation to local accident victims who need help with the process to receive compensation.

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]

843-900-0000

clekis.com

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What happens during a workers compensation claim investigation in South Carolina?

June 17, 2021/0 Comments/in Uncategorized /by DAMG DAMG

Charleston, SC – Employers and insurance companies do a number of different things to ensure that workers making compensation claims have been legitimately hurt during their normal job duties. This helps protect their financial interests and prevent fraud, however it can also make the claim process more difficult for injured workers. There are a number of different parts to the investigation that workers should expect, and they should also be ready to answer several different questions about their injury and when it happened. 

The place of the accident

There may be some investigation of the physical space where the work injury happened. This is to make sure that the worker was actively working and that their account is feasible. The employer may also need to make changes to things like lighting, cleaning, and maintenance to prevent future incidents and losses. 

Interviewing other workers

When other people were present in the area, they may be able to corroborate the victim’s story and give a different perspective on any likely cause of the injury. The main benefit of having additional witnesses is that they tend to be impartial and likely to give an honest account. 

Determining the worker’s standard job duties

In order for a workers compensation claim to be paid out, the worker must have been actively working and engaged in their normal job related activities. This excludes situations where the person may have been fooling around or doing something out of the ordinary. If the employer cannot predict the type of actions that caused the injury, it is unlikely that they will be financially responsible.

Looking at the injury and doctor recommendations

The worker may have to give specific details about their injury, exactly how it happened, and any symptoms that resulted from the accident. It is also common for the insurance company and the employer to retain a doctor who can give an independent examination to prevent malingering or other problems associated with workers who fake injuries for pay. 

The history of both the worker and the workplace

If either the individual worker making the claim or the employer seem to have multiple issues with injuries, this could be a sign that there is a serious problem. The worker could have faked similar injuries in the past. It is also possible that the employer needs to make serious changes if their workers are getting hurt regularly.  

Help from a workers compensation attorney

The Clekis Law Firm focuses on workers compensation claims and related issues in the Charleston area. Potential clients who have been injured at work can contact the firm to schedule an initial meeting. 

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]

843-900-0000

clekis.com

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What Can’t You Put in a Utah Will?

June 17, 2021/0 Comments/in Uncategorized /by DAMG DAMG

While there are many things you can legally put in a Utah will, you should also be aware that there are many things you cannot put in this legal document. Becoming aware of the limitations of your will is a good first step in the estate planning process. Once you understand what you’re not allowed to include in your will, you can approach this process in a much more efficient way without wasting any time. 

If you really want to approach your will in the most efficient way possible, you need to get in touch with a qualified, experienced attorney who specializes in estate planning. These legal professionals can expedite the entire process of creating and planning your will, and they can make sure that you’re not making any simple mistakes that could cause issues in the future. 

Things You Cannot Include in Your Will

There are a number of things that you cannot include in your will:

  • Jointly-Owned Property: As soon as you pass away, the joint tenant takes full ownership of the property. You cannot leave your share of the property to any of your beneficiaries, so there’s no point in including this in your will.
  • Life Insurance Proceeds: If your life insurance policy already has a named beneficiary, you cannot leave these proceeds to someone else in your will. The proceeds will go automatically to the beneficiary upon your passing, so there’s no point including this in your will, either. 
  • Retirement Plan Proceeds: When you establish an IRA or a 401(k), you will be asked to name a beneficiary when filling out the forms. This means that the beneficiary is already named, so anything you say about these proceeds in your will is ignored. 

Things You Cannot (or Should Not) Say in Your Will

Aside from being banned from mentioning specific assets in your will, you also cannot make certain statements:

  • Conditions: You cannot put conditions on items. For example, you cannot say that in order for your beneficiary to receive your grand piano, they must first take ten years of piano lessons. You can state your preferences, but these statements have no actual weight in the eyes of the law. 
  • Funeral Arrangements: You can put your funeral wishes in your will, but this is also quite pointless, since the will is typically read after the funeral has taken place.
  • Wishes: Your will is a legal document, so it should deal only with facts. If you have certain wishes that you’d like to express, you should do this in a different document. 

Enlist the Help of a Qualified Attorney Today

If you’ve been searching Salt Lake City for a qualified, experienced estate planning attorney, look no further than Stephen J. Buhler, Attorney at Law. Over the years, we have helped many Utah draft rock-solid wills, and we can help you avoid many of the common mistakes people make when creating these legal documents. Reach out to book your consultation today, and we can work together to craft a will you can be proud of. 

Stephen J. Buhler, Attorney at Law

The Harmon Building

3540 South 4000 West, Suite 245

West Valley City, UT 84120

Phone: 801-964-6901

Email: [email protected]

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Can You File a Personal Injury Claim for Losing Your Teeth in California?

June 17, 2021/0 Comments/in Uncategorized /by DAMG DAMG

Losing your teeth might seem like a relatively minor issue compared to third-degree burns or amputations, but this issue is still quite problematic for injury victims. Our teeth have an enormous impact on our self-confidence, and missing teeth can diminish our feelings of self-worth. So what options do you have if you have lost your teeth in an accident? 

Fortunately, you can work with a personal injury attorney in Orange County to get the compensation you need to fix your teeth. Although dental work can be quite expensive in California, you can file a personal injury claim and recover a settlement for these damages. This will allow you to take care of your missing teeth without any money coming out of your own pocket. 

Accidents that Can Cause Tooth Loss

There are a wide range of accidents that can potentially lose to tooth loss or damage. Car accidents can easily result in you losing a few teeth, especially if you have suffered a heavy impact. These impacts can easily throw you forward or sideways, causing your head to impact the inside of your car. This can lead to your teeth getting knocked out. Cyclists can also lose their teeth if they are hit by cars or forced to swerve or brake suddenly due to a negligent driver. 

You may also lose your teeth if you were walking down the street as a pedestrian. Perhaps a property owner failed to clear away a spill on the sidewalk in front of their building, causing you to slip and hit your teeth on the pavement, a fire hydrant, or something else. You can also lose your teeth after slipping in a grocery store, perhaps when a staff member failed to clear away debris that was left in the aisle for too long. 

When Can I File a Claim?

If you want to file a claim for tooth damage in California, you must establish that someone else was at fault for your accident. California is not a “no-fault” state, which means that you must establish fault in order to successfully file a personal injury claim after a car accident. In addition, property owners in California are liable for damages caused by their negligence, and you can file a claim whenever you believe that a property owner caused you to lose your teeth. 

Enlist the Help of a Qualified, Experienced Attorney Today

If you’ve been searching for a qualified, experienced personal injury attorney in Orange County, look no further than Chudleigh Law, P.C. We have plenty of experience with a wide range of personal injury cases, including those involving tooth damage. You shouldn’t have to struggle with such a blow to your self-image, especially if someone else was to blame for your accident. Reach out, book your consultation today, and start working with us to get the compensation you need to move on with your life.  

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Can a victim of sexual harassment file a lawsuit against the person responsible rather than their workplace?

June 17, 2021/0 Comments/in Uncategorized /by DAMG DAMG

Corpus Christi, TX – As a general rule, workplaces have a responsibility to prevent sexual harassment and create a safe work environment for their employees. This will usually result in liability for the employer if there are lawsuits related to harassment that was allowed to take place. However, there are also some cases where an individual person is sued for sexual harassment rather than an employer although it is less likely. 

Agency principles

Under the federal laws that explain how sexual harassment claims work and give people the authority to sue, certain supervisors and other individuals within a company may be considered an agent of the company or an employer on their own terms. In most cases, these individuals with some kind of authority would be the ones who are likely to be sued. When using these  federal laws as a basis for a cause of action, it is generally not possible to sue the person who is causing the harassment if they are merely a coworker with no authority over the victim. 

Employer liability

In many cases, it is the employer that is technically responsible for a hostile work environment. This means that the workplace needs to take steps to stop harassment once it is reported, and train employees as necessary. There have even been cases where employers were sued successfully without any formal notice of harassment in their workplace, but merely because they allowed it to happen. However, as explained, some individuals within the company may technically be an employer as well with an affirmative duty to stop harassment. 

Is it practical to collect damages from an individual?

In any civil lawsuit, there are always concerns about the actual ability of the defendant to pay out any related damages. This is why businesses are often targeted in civil cases rather than individuals. They may have relevant insurance or other ways to actually pay out damages, where an individual person may not realistically be able to afford to compensate the victim, even if they are technically liable. 

However, there are some victims who want to sue out of principle rather than for more alone. Regardless of the motivation, victims may receive damages related to things like lost income and wages, costs associated with finding new employment, and treatment costs for counseling and therapy.

Legal advice from licensed attorneys

There are employment attorneys who can help with issues related to sexual harassment in the Corpus Christi area. Moore and Associates is a firm that deals with labor law problems and similar matters in Texas. 

Firm contact info:

Moore & Associates 

440 Louisiana Street, Suite 675, Houston, TX 77002 

713-222-6775 

www.mooreandassociates.net

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How much compensation can a victim of sexual harassment expect from a lawsuit in Plano?

June 17, 2021/0 Comments/in Uncategorized /by DAMG DAMG

Plano, TX – The amount of compensation available to anyone who files a lawsuit can vary greatly depending on the specifics of their situation. Most times, there is a fact intensive inquiry related to specific losses, and the plaintiff must be able to give evidence related to any compensatory or economic damages. However, for sexual harassment cases there are a few specific types of damages available, and federal claims also have an absolute damage car that varies with the size of the employer.  

Lost wages and income

The main type of compensation that is available to victims of sexual harassment is payment for various types of losses related to their income and job duties. This can include wages that were lost as a result of the illegal behavior, costs associated with finding new employment, benefits that were not paid properly, and additional sources of potential income such as lost promotions. There are also ways to calculate potential future lost income and front pay if the victim left their job and cannot be returned to their old position for any reason.  

Punitive damages

In all civil cases, it is possible that a defendant can be made to pay punitive damages as a punishment for illegal behavior that is malicious, reckless, or intentional. However, these kinds of damages are not always awarded, even if the plaintiff is successful. There needs to be a finding that the employer or at least their human resources department knew about incidents of sexual harassment, but did not correct the problem. 

Damage limits on federal harassment claims

All sexual harassment lawsuits have absolute damage caps that vary depending on the size of the employer. This means that the victim’s compensation will not exceed these amounts even if their actual costs for economic and punitive damages were higher. For employers with between fifteen and one hundred employees this limit is $50,000. When the employer has over one hundred, but less than two hundred employees, the cap is set at $100,000. For very large employers with over 500 employees, the limit is $300,000. This means that harassment victims should not expect to receive millions of dollars from their employer regardless of the gravity of their behavior. 

Legal fees

As with most civil cases, the losing party must pay the other side’s court costs and attorney’s fees. 

Assistance with a labor law case

Moore and Associates is a trusted employment law firm that deals with discrimination, harassment, and unpaid wage claims in Plano and other parts of Texas. Their attorneys can provide guidance throughout the process to sue a workplace.  

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

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What are the rules against sexual harassment used in workplaces in Laredo?

June 17, 2021/0 Comments/in Uncategorized /by DAMG DAMG

Laredo, TX – Workplaces are given guidance by the federal and local government regarding what kind of behavior causes sexual harassment and how it can be avoided. Many workplaces will utilize this information to create their own policies and monitor the behavior of their workers. When a violation of sexual harassment rules and policies happens, they also need to have a system in place to report problems and the employer should take appropriate action. 

Fraternization between employees

Some workplaces will choose to restrict or ban romantic relationships between workers. This is done to make harassment claims and issues with favoritism and conflicts of interest less likely. Workplaces have some discretion regarding what kinds of relationships they want to ban, but dating between supervisors and their subordinates is almost always prohibited.  

Management asking for favors in returns for promotions

One of the most common types of harassment is when a manager or supervisor requests sexual favors in return for promotions, raises, benefits, bonuses, or job retention. This is called quid pro quo harassment. It is illegal and all workplaces should ensure that this kind of behavior does not happen, or that it is quickly corrected if anyone in management is doing these sorts of things. 

Workplace content and conversations

Employees should be instructed to not have sexually explicit conversations while in the workplace or share any pornographic materials. When these items offend certain workers, they may be able to make a claim that there is a hostile work environment if such conduct is tolerated and becomes pervasive to the point that it affects the ability of certain people to work. 

Excessive pursuit of romantic relationships and stalking

If one employee is constantly asking another on dates and making unwanted advances, this may become sexual harassment or even lead to criminal stalking charges. An employer can be implicated in a lawsuit if they do not fix these issues and allow the victim to be harassed on multiple occasions. The victim should report such conduct as soon as possible and make the other person aware that their conduct will not be tolerated. 

Physical contact

This rule should be obvious, but any kind of physical contact between workers should be prohibited. It is possible that the person responsible for these actions may also be guilty of crimes such as assault. 

Help with employment law problems

Moore and Associates is an employment law firm that focuses on sexual harassment lawsuits and other labor issues in Laredo and the rest of Texas. People who have questions about possibly suing an employer can contact the firm to learn more. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

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