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How can an accident victim afford the costs associated with a brain injury?

March 29, 2021/0 Comments/in Legal News /by brian

Cedar Rapids, IA – Brain injuries are one of the most serious health problems that can affect a person. There can be serious short and long term consequences for anyone who has sustained a traumatic brain injury or concussion. The costs associated with treatment for this kind of health problem can also become quite large due to the nature of the injury. A lawsuit is usually the only option for an accident victim with brain trauma who wants to be able to afford all of their healthcare costs, even if they have a relevant insurance policy.  

Healthcare costs over time

Moderate or severe traumatic brain injuries can cost between a few hundred thousand dollars to several million dollars over the course of a lifetime. Specialists who deal with recovery from brain injuries may need to be retained, as well as treatment from a primary doctor. 

These costs include the initial hospitalization or emergency treatment, as well as dealing with symptoms and recovery over the course of months or years. Victims of brain trauma may deal with insomnia, mood swings, memory loss, depression, anxiety, and coordination problems that can last a while after their accident. Treatment can also be required at a later time if symptoms linger or additional complications emerge. 

Personal injury lawsuits and compensation

Because costs of treatment for these injuries are so high, injury lawsuits are one of the only realistic options for victims to pay for their healthcare. Civil cases can estimate the total costs of treatment, and argue that the defendant should pay for all of these costs due to their actions that caused the injuries. 

Damages are the most important element of a negligence case, as this shows the true gravity of the injury and the amount of money it will take for the victim to try to live their normal life again. The injury lawyer for the victim can add up the person’s lost wages and income, their medical costs and projected future medical bills, and any property damage associated with the incident for their economic damages. Additionally, the victim is eligible for non-economic damages associated with trauma, pain, and suffering caused by the injury. While non-economic damages are more difficult to project, victims of serious injuries can argue for a large amount based on their permanent reduced quality of life. 

Legal assistance for Cedar Rapids accident victims

Eells and Tronvold Law Offices is a firm in Cedar Rapids that helps local clients with their accident lawsuits. Anyone who needs help paying for their injuries can contact the firm to learn more about representation and related issues from experienced attorneys.  

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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How does the Jones Act impact oil rig workers’ compensation in Louisiana?

March 29, 2021/0 Comments/in Legal News /by nora

Louisiana – March 25, 2021

Rig workers vs. seaman.

In recent decisions, the Supreme Court has held that to be considered a Jones Act seaman, ”a worker must aid in the navigation of a vessel, or contribute to the mission of a vessel and have a connection to an identifiable group of vessels that is substantial in terms of both duration and nature.” Workers’ compensation claims can be tricky and experienced legal counsel can support claims under the Jones Act when the worker proves they qualify as a “seaman” and they have been injured on the job.

The Jones Act.

The United States Congress enacted the Jones Act in 1920 to allow enhanced damage recovery options for seamen who were trying to recover for negligence.  The Jones Act provides remedies to “seamen,” those workers more, or less permanently assigned to vessels and who assist in their mission. Select Louisiana workers who are injured on the job may seek worker’s compensation through the Jones Act.  Oil rig accident victims should contact the Law Offices of Stag Liuzza for a free consultation regarding workers’ compensation for injuries occurring on oil rig vessels in Louisiana.

Offshore oil rigs considered vessels.

A “vessel” is broadly defined in 1 USCA §3 as anything capable of transportation.  Floater rigs are among the most common types of offshore rigs found in the Gulf of Mexico. These floating production systems are used in water depths from 600 to 6,000 feet. The extraction of volatile substances lead to frequent work-related accidents.  Workers are at risk of falling from dangerous heights in severe weather, and being caught in, or hit by machinery. Floater platform rig crew members work long stressful hours, which can contribute to fatigue and judgment error.  Personal injury attorneys can represent victims who have been injured on oil rigs in Louisiana.  There may be times when the claims for damages are workers’ compensation related, and where they are personal injury claims for negligence.  Skilled legal counsel can clear up confusion related to individual cases.

Special protections.

Victims who have been injured in a drilling rig accident in the Gulf of Mexico may be covered the Jones Act. The Jones Act provides special protection to workers on boats and other types of vessels. Even though oil rigs and semisubmersible rigs do not move under their own power, they are considered “vessels” under the Jones Act.

Under the Jones Act, victims may recover:

  • Full wages lost due to the accident
  • Lost earning capacity
  • Pain and suffering
  • Mental anguish
  • Loss of physical capacity
  • Disfigurement
  • Past and future medical expenses
  • Loss of household services

In wrongful death claims, funeral expenses and damages for pain and suffering that occurred prior to death are also able to be recovered. Legal action must be initiated within three years of the injury under the Jones Act.

Seek legal counsel.

Experienced attorneys at Stag Liuzza understand how important it is to seek financial assistance after an oil rig accident that causes harm and loss to victims. They can build a case for personal injury and/or claims under the Jones Act when warranted.

STAG LIUZZA, LLC

One Canal Place
365 Canal Street
Suite 2850
New Orleans, LA 70130

Ph: 504-593-9600
Fax: 504-593-9601

 

Sources.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section3&num=0&edition=prelim

https://legis.la.gov/legis/Law.aspx?d=110567

http://www.legis.la.gov/legis/Law.aspx?d=109387

http://www.legis.la.gov/legis/Law.aspx?d=109371

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30104&num=0&edition=prelim

 

 

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How should an accident victim determine if they should accept a settlement offer in Louisiana?

March 29, 2021/0 Comments/in Legal News /by brian

Baton Rouge, LA – Most lawsuits that follow car accidents are ended through some kind of settlement agreement rather than a full trial in court. This is because settlements have become much more efficient and cost effective. Defendants in lawsuits or their insurance company will often offer the plaintiff much of what they ask for in a lawsuit or through a claim to avoid spending additional time and money on the same case. However, there are a number of important reasons that the victim should review the settlement carefully with their attorney and consider several issues before accepting. 

No further compensation is available after a settlement

Most settlement agreements are the absolute and final end to any disputes or claims regarding the accident. The victim should check with their doctor to ensure that there are not any latent medical issues or other serious health complications that may appear later. If a settlement has already been accepted, another case or claim related to the same accident cannot be brought at a later time. 

Does the victim want a trial?

There may be some situations where an accident victim simply wants their day in court for personal reasons. If this is the case and the person understands the risks associated with losing at trial, they can still try to litigate all of the issues in court and try to ask for the maximum amount of damages available from the jury. 

Has the settlement been negotiated thoroughly? 

It is rare that the victim and their lawyer will simply accept the first offer sent their way. One of the things that injury lawyers do is negotiate on their client’s behalf. This skill of negotiation is especially important during settlement negotiations, as an experienced attorney may be able to get additional thousands of dollars from an insurance company or business by using this skill set. 

Is the compensation adequate? 

When the victim’s attorney initially filed the lawsuit, they will list things like medical costs, lost wages and income, and damages for pain and suffering. The client and the attorney should review the compensation in the settlement documents versus what was initially listed in the lawsuit. They should have a discussion regarding whether the amount in the settlement is comparable and if it will be enough to help the victim get their life back to normal, even if legal fees need to be deducted.  

Personal injury cases in Louisiana

When an accident happens, it is important for an injured person to explore their rights and consider the possibility of a personal injury lawsuit. Miller, Hampton, and Hilgendorf are trusted accident attorneys who assist local clients throughout Baton Rouge and nearby parts of Louisiana. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

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What if a doctor makes a mistake in the process of rendering care in Syracuse, New York?

Getting Compensation For An Eye Injury In Grand Rapids, Michigan

March 29, 2021/0 Comments/in Legal News /by efigueira

It’s difficult to enjoy a high quality of life without our eyes. Elderly people will tell you that losing your sight and not being able to see the trees, birds, and faces of their families is one of the most tragic things about the aging process.

 

But what about losing your sight at a relatively young age because of an accident? Or worse, what happens if you lose your sight because of someone else’s carelessness? This is unfortunately a reality of our world, and it happens all the time. 

 

Some of the most common eye injuries that happen in the U.S are: 

 

  • Eye trauma: Eye trauma injuries can happen in many different ways, perhaps by a fall, getting hit by a blunt object, car accidents, punches, or explosions.
  • Eye penetration: This is when objects, usually sharp, enters the eye through its delicate outer layer. Sharp objects like glass should never be attempted to be removed from the eye without a physician.
  • Chemical eye injuries: The eye can experience serious injures by coming into contact with various chemicals, including sulfuric acid, sulfurous acid, hydrochloric acid, automotive solutions, cleaning products, and so much more. 

 

Do you need help getting compensation for your life-altering eye injury? 

 

Connect with Neumann Law Group today. Neumann is a veteran personal injury firm with locations in Grand Rapids, Detroit, and Traverse City that can help you get the compensation you deserve. 

 

What should I do after my injury? 

 

Before consulting a lawyer, get yourself completely medically assessed to determine the exact extent of your injuries. You should also make sure to keep all of your medical records. This documentation will be needed to cite your damages both in the short term and long term. For instance, you may need a one-time surgery to fix your vision, or perhaps the damages are permanent. The compensation you get and how you go about getting it depends on your unique situation. 

 

Do I need to go to court? 

 

If your injury happened outside of work because of someone else’s negligence, you may have to go to court to obtain compensation. It’s possible to reach a settlement with the guilty party so you can avoid going to court, but this still requires a lawyer. If your injury happened at work, you might instead reach a settlement with the insurance companies, and this negotiation process also goes much more smoothly with the help of a lawyer. 

 

What kind of compensation am I entitled to? 

 

Compensation can come in the form of: 

 

  • Loss of wages (past and future) 
  • Medical costs
  • Loss of livelihood
  • Punitive damages like pain and suffering or mental anguish

 

Are you looking for a Michigan personal injury lawyer for your eye injury? 

 

Get in touch with Neumann Law Group today to see what your options are. 

 

Grand Rapids

250 Monroe Ave NW #400

Grand Rapids, MI 49503

Phone: (616) 717-5666

Fax: (231) 221-0051

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How Do You Know When To Exit Your Bitcoin Trades?

March 29, 2021/0 Comments/in Legal News /by efigueira

When you’re doing your Bitcoin investment research, you may come across a lot of experts touting the “end of the dollar” and anti-USD sentiments. By now, we’ve all heard of the irresponsible money printing going on at the Federal Reserve, debasing currency at a constantly accelerating rate. It’s not even a controversial standpoint to be skeptical of the USD hegemony, and the general sentiment has changed radically over the last few years.

 

A large portion of die-hard Bitcoiners and crypto believers are staunch believers that the end of the USD is nigh. They also claim that eventually BTC, ETH, and others will be the next reserve currencies of the world, completely replacing the multi-trillion foreign exchange markets as the underlying currency. 

 

While these ideas do have some logic behind them, we’re still not paying our bills in Bitcoin. And why would we? If you’re paying a $40 phone bill, why would you give T-Mobile $40 of an asset that has gone up 2000% in the last year? Why not instead get rid of things that depreciate, like dollars, while holding on to your Bitcoin, gold, and silver? 

 

The point is that unless you’re already a billionaire, you need dollars to live your life, which means you need to learn to click the “sell” button to collect cash. 

 

So when do you sell your Bitcoin? 

 

Dr. Charles Nenner’s company is one of the top Bitcoin research firms in the world, and it has been consistently giving clients entry and exit points for the world’s flagship cryptocurrency. By using his proprietary cyclical models, a trader can do 3 things essential for building wealth: 

 

  • Buying at the low points for short-term gains
  • Buying at the low points for long-term wealth building
  • Selling at the peaks to realize your short term gains (and pay bills) 

 

As much as we love to talk about HODLing (Holding on for dear life), we need to sell at some point to realize our gains and reap the fruits of labor. For perspective, if you bought Bitcoin at $12,000 in 2017 and refused to sell at the top of the cycle just weeks later, you would’ve had to wait 4 more years for Bitcoin to witness its parabolic rally in 2021. 

 

By using Dr. Nenner’s Bitcoin trading research, what you could’ve done is get in well in advance of the bull runs, and cash in at tops several times in the past few years, amplifying your gains to unimaginable levels. 

 

Some of us are getting old. “HODLing” in your mid-seventies really doesn’t make a lot of sense. What does make sense is consistently pulling cash out of the market to cover the daily expenses of life.

 

Visit Dr. Nenner’s Bitcoin research website today to get access to models that can up your BTC trading game to new levels. 

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Does the workers compensation system make businesses safer in South Carolina?

March 29, 2021/0 Comments/in Legal News /by brian

Charleston, SC – There are usually several million work related injuries throughout the country each year, and without safety measures in place this number would likely be much higher.  

Just about all workplaces in South Carolina and throughout the United States are required to pay into insurance that will cover injured workers wages. This system is important for protecting laborers, especially those who work in fields such as manual labor and manufacturing that have high injury rates. The main benefits of this system is that workplaces will try to find ways to reduce their financial losses by minimizing the possibility of a work related injury. 

Employers protect their workers in order to protect their money

One of the theories behind the workers compensation system is that employers are given an incentive to keep workers safe if they know that their insurance costs will increase after injuries are reported. This creates a reason for the company to protect its bottom line by also protecting its workers. Negative publicity or lawsuits tied to injuries also seem to have a similar effect due to the fact that the fallout from these incidents can ultimately cause customers to stay away from a business that seems unsafe or unethical.  

Identifying and fixing risks

When a workplace attempts to keep its employees safe, there will usually be various attempts to identify and then remedy any hazards or previous sources of injuries. While things like repairs and safety equipment will increase costs in the short term, lost productivity and payouts from workers compensation or insurance can ultimately be more expensive long term issues. Some businesses develop complex ways of checking for safety and reporting problems as soon as they are found to avoid incidents and injuries. However, basic safety measures are important as well, as injuries tied to simple mistakes like falling over office furniture or electrical cords are also quite common.  

Workers compensation claims

When a worker is hurt, their wages are paid by the insurance provider that the employer has already bought a policy from. There will be an investigation to determine if the injury was legitimately related to the person’s job duties and see if they were under the influence of alcohol or drugs, but most workers are paid as long as there seems to be no foul play. The main consequence from the employer’s standpoint is that insurance costs can increase in the future. Workers should also be careful to make sure the employer does not try to retaliate after they return to work, as this is illegal. 

Legal advice during a workers compensation claim

The Clekis Law Firm is experienced in all matters related to the workers compensation process under South Carolina law. Their attorneys are available to consult with injured workers and provide advice and guidance. 

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 are the most important pieces of evidence in a car accident lawsuit in Florida?

March 29, 2021/0 Comments/in Legal News /by brian

Boca Raton, FL – In any kind of injury lawsuit, the party bringing the case needs to show sufficient evidence to meet the relevant burden of proof. If this cannot be done, the jury is instructed to rule for the defendant, and the plaintiff will not collect any money at all. For these reasons, in the time period leading up to the trial the plaintiff and their lawyers need to make sure that they will be able to prove their case with the right types of evidence. There are a few different kinds of evidence that are especially important to this process.   

Information about the others involved

A lawsuit can only proceed if the person filing knows who the defendant will be. This is why it is crucial for all accident victims to collect the other drivers’ names, addresses, and insurance information. Drivers are required to contact the others at the scene by law, so this kind of information should always be collected regardless of whether there will be a lawsuit or not. 

The accident report

When law enforcement begins their investigation, they will start to generate a report that contains facts about the time and place of the crash, who was involved, and give their opinions about what happened. This documentation can help the plaintiff establish fault and causation, which can be important during settlement negotiations or when presenting their case at trial. 

Pictures and videos of the accident scene

This is the best way to formally document the condition of the vehicles immediately after the collision and prove damages. The specific type of damage and locations of the vehicles displayed in the pictures may also help accident experts determine how the crash happened and who was at fault for causing the injuries and property damage. Pictures can also help show what the weather, traffic, and road conditions were like at the time of the incident. 

Statements from witnesses

If there is anyone nearby the collision who can provide an objective account of what they have seen, their testimony can be very persuasive. One of the most important parts of the car accident lawsuit is to have all witnesses take depositions to give a preview of what their trial testimony will be and put both sides on notice as to exactly what the witness saw. 

Help from car accident attorneys in Boca Raton

Rosenberg Injury Law is a firm that focuses on accident lawsuits, personal injury cases, and various related issues in the Boca Raton area. Anyone who needs to talk to a lawyer to learn more can contact their attorneys to schedule a meeting. 

Firm contact info:

The Law Offices of Jeffrey A. Rosenberg

5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487

561-508-8800

rosenberginjurylaw.com

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How can a victim of sexual harassment start the process to bring a lawsuit in Houston?

March 28, 2021/0 Comments/in Legal News /by brian

Houston, TX – Although sexual harassment is illegal in all workplaces in the United States, a victim still has to follow a certain set of procedures before they can file a lawsuit or take other actions against their employer. As a general rule, sexual harassment lawsuits are usually necessary only when all other internal and administrative remedies have been exhausted. However, workers can try to minimize their losses and problems by reporting the behavior and starting this process as early as possible after the illegal conduct. 

Internal company procedures

A victim can first bring up their concerns to a human resources department or similar body within the company that handles allegations of misconduct. In some cases, the company may be able to resolve the harassment at this step, and not further actions will be needed. Their reaction to the formal complaint may depend on the severity of the behavior in question and the results of their own internal investigation along with remedial steps recommended by company policy. However, businesses do not always do a good job of disciplining their own workers and enforcing sexual harassment policies. 

Government employment regulation agencies

Both the federal and state governments have various ways of regulating workplaces, including illegal conduct such as sexual harassment. Workers in Texas may report their situation to either the Texas Workforce Commission or Equal Employment Opportunity Commission depending on their employer. These administrative authorities have the power to investigate any claim and try to resolve it with an employer.  

In cases where the government does find merit to a case and believes that it has not been adequately resolved by their procedures, the victim may receive a formal notice that they can begin the process to bring a civil sexual harassment lawsuit against their employer. 

Lawsuits against the workplace

Once the worker has contacted a lawyer, they can take the documents from the employment commission and file their initial complaint. This will outline the specific incidents that caused the worker to contact their employer and take any other actions. There will also be a summary of damages and the reasons that the worker is seeking compensation from their employer. These damages often include lost pay plus interest, rehiring into the previous position, counseling or therapy if there is serious trauma, and the company may be required to make changes to training or sexual harassment policies. 

Houston employment lawyers

Moore and Associates is a firm of experienced labor attorneys who handle various employment law cases in the Houston area and nearby parts of Texas. Workers who need help after issues with harassment, discrimination, or unpaid wages 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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Are there any damage caps in injury lawsuits in Arizona?

March 28, 2021/0 Comments/in Legal News /by brian

Yuma, AZ – Many states around the country have passed laws that limit certain types of financial recovery in injury lawsuits. These are known as damage caps among legal professionals. However, Arizona essentially does not have limits on how much the victim can receive due to language in the state’s constitution. This means that the state is a favorable venue for plaintiffs to litigate against any person or business that has caused them to sustain serious losses. 

What is a damage cap?

Damages are the legal term for the sum of a person’s losses due to medical treatment, lost wages and income, and other problems caused by the defendant’s actions after an accident. In some lawsuits that involve serious injuries to the plaintiff, their damages and compensation can reach into the hundreds of thousands or millions of dollars. 

A damage cap is essentially an upper limit on a specific type of damages or the total award that can be given to plaintiffs in a civil lawsuit. This means that an injured person absolutely cannot receive more than the law allows in certain types of case or for a certain type of damages, regardless of the severity of their injuries. Certain jurisdictions limit damages as a form of protection for certain types of defendants, or a government entity that will have to pay damages with tax dollars. 

Arizona’s constitution and damage caps

The state constitution of Arizona is unique in the sense that it forbids any kind of cap on damages in a personal injury case. Article 2 of the constitution says that any law that would limit the amount a person could recover for a lawsuit involving injury or death is illegal. This means that the state’s legislature cannot pass a statute that sets maximum amounts for any kind of damages in wrongful death or civil injury lawsuits.  

Punitive damages and cases against the government

Lawsuits against the government do have one limitation in Arizona. When the government of the state of municipality, or other public entity is named as a defendant, there can be no award of punitive damages. Punitive damages are a type of compensation meant to punish a defendant through the civil courts for reckless or malicious behavior. This is not technically a damage cap, but it is the only limitation on damages within the state’s laws and court system. 

Personal injury cases in Arizona

Schneider and Onofry are experienced lawyers who help local clients with advice regarding their accident cases. Residents of the Yuma area can get in touch with the firm to learn more about personal injury lawsuits and how to proceed after their collision. 

Firm contact info:

Schneider & Onofry, P.C.

207 W. 2nd St., Yuma AZ 85364

928-257-4887

soarizonalaw.com

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What are some important facts to know about property division during a divorce in New York?

March 28, 2021/0 Comments/in Legal News /by brian

Brooklyn, NY – Property division is usually one of the longest, most confusing, and most frustrating parts of a divorce case. This is because most people are reluctant to part with things that they have paid into over the course of years or decades such as a home, cars, or investments. Contested property can become a bitter issue that results in multiple court hearings. Because of the potential for problems and lengthy litigation, it is important for each person to have representation from their own experienced lawyer. 

Assets will be frozen 

Most of the couple’s shared property is frozen during the early stages of the divorce case. This is meant to be a safeguard against one spouse suddenly having a spending spree so that they do not have to divide their assets according to the court’s order, or move assets for the purpose of hiding them. There is an exception made for the payment of necessary bills such as mortgages and utilities, but the court will try to prevent any kind of significant and unnecessary spending or liquidation of marital property. 

Classification of property

If one party to the divorce can conclusively prove that an item or asset is their own separate property, it will not be subject to division. However, much property that is examined during the divorce case will likely be considered marital property and subject to the court’s authority. There can also be scenarios that are unclear, such as when one spouse started paying for a piece of personal or real property after the marriage, even if it was owned by the other spouse before they were married. There are often complexities related to investments and retirement accounts, and how they should be divided as well. A person’s taxes can also change significantly during he divorce year and immediately following. 

Standards of equity

The law in New York says that family court judges should try to make an equitable division of marital property between the spouses. This does not necessarily mean an equal split, but it does mean that a judge tries to aim for fairness. However, the judge still has a lot of discretion and what the judge considers to be equitable may be very unfair from one spouse’s perspective. This is why legal representation is so important during the property division phase, as the family lawyer can try to contest unfair property division. 

New York divorce attorneys

Elliot Green Law Offices is available to help with the process of divorces, child custody hearings, alimony payments, and other related legal matters. Anyone who has upcoming family law issues can contact the firm and schedule a meeting with an attorney to learn more. 

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201

718-260-8668

www.elliotgreenlaw.com

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