Accident victims in Grand Rapids will be awarded compensation based on the law of damages

/0 Comments/in /by

Grand Rapids, MI – The financial costs of an accident can be just as devastating for some accident victims as their injuries and property damage. Civil lawsuits are the main way that people involved in a crash who have experienced large amounts of losses can try to recover the money that they need to spend on medical procedures, continued healthcare, and missed time from work. The monetary award at the conclusion of a lawsuit through a jury verdict or settlement agreement is called damages. There are some rules codified in the state’s statutes regarding what damages are available and how they are awarded to the victim. 

Damages under Michigan law

In Michigan and other states, damages are usually divided into two categories for economic and non-economic losses. Economic losses are the easiest to calculate, as the plaintiff can argue that the defendant should pay for all of their medical treatment, lost wages, property repairs, and other financial issues that can be easily proven through documentation and other forms of evidence. Non-economic damages are usually referred to as pain and suffering. These intangible amounts can be based on things like trauma, psychological problems, physical pain caused by an injury, and the victim’s reduced quality of life. The Michigan legislature has placed limits or damage caps on certain kinds of injury lawsuits to create a maximum that can be awarded for non-economic damages in certain cases. There are also two other types of less common damages available in cases of malicious or intentional misconduct in Michigan. These are punitive damages and exemplary damages.  

The insurance claim process

Determining whether a lawsuit will be necessary in addition to an insurance claim is usually done on a case by case basis. Anyone involved in an accident should notify their insurance provider, as this is usually required by the terms of the policy. However, many standard auto insurance policies will only cover several thousand dollars worth of liability and property repairs. The victim can ask their insurance provider important questions about their collision and the possibility of receiving funds from a claim that will cover most or all of their losses. In cases that involve severe injuries and large medical costs, it is more likely that a personal injury lawsuit will be necessary to cover the insufficiencies of an insurance claim. Accident victims should speak with a licensed lawyer before making any decisions about bringing a lawsuit. 

Speak with a local accident attorney

There are lawyers in the Grand Rapids area who focus their practice on accident lawsuits and related matters to assist clients. Anyone who needs to learn more about this process can contact the attorneys at Neumann Law Group. 

Firm contact info:

Neumann Law Group

300 E Front St. #445, Traverse City, MI 49684 

231-221-0050

www.neumannlawgroup.com

Sexual Harassment in Louisiana

/0 Comments/in /by

Sexual harassment can happen in any type of industry, company, or organization. In times past, many things now considered harassment were thought of as “normal” behavior. As the world has modernized, so has public recognition of our human right to equality increased—and our laws have generally been updated to reflect the changed societal perceptions. These changes have included the adoption of employee rights and protections, including the right to work in a hostility-free workplace, free of sexual harassment. Unfortunately, despite this recognition and these laws, bullies still harass people. When it happens at work, it is called sexual harassment in the workplace.

If you work in Louisianna, there are laws to protect employees, in some situations, from discrimination and sexual harassment. Whether you live in New Orleans and work in construction or live on the bayou and work in information services, resources are available online to help you understand Louisiana’s laws and whether you are protected from sexual harassment at work.

Human Rights in the Workplace

The Louisiana Employment Discrimination Law protects workers from gender-based bullying and from unwelcome sexual attention and covers both public and private employers. Specifically, it describes hiring, firing, promotions, compensation, and terms and conditions of employment as areas that should be free of discrimination and harassment. The Louisiana Commission on Human Rights is in charge of enforcing the law. 

Limitations of the Law

Note that state protections only apply to workplaces with at least 20 employees. If you are a woman who has been sexually harassed because of pregnancy or a related health condition, your workplace must have 25 employees.

Title VII of the Civil Rights Act of 1964

The federal government protects workers against sexual harassment at work with Title VII of the Federal Human Rights Act of 1964. It “prohibits employment discrimination based on race, color, religion, sex, and national origin.” This makes it illegal for employers to hire, promote, fire, or compensate employees based on their gender. Federal courts have included sexual discrimination in the wider category of overall discrimination. 

The U.S. Equal Employment Opportunity Commission is in charge of enforcing Title VII. The commission holds that gender-related comments or offensive remarks can be considered harassment, that any gender can be victim or harasser, and that harassment is not defined by other-gender offenses. 

Note that federal protections only apply to workplaces that have 15 or more employees. 

What to Do If You Have Been Harassed

What happens if you have been sexually harassed at work, but you are afraid to report it? What about if your employer has 14 employees? What should you do if you want to report a sexual harassment complaint, but your employer has no human resources department? What if your boss is your harasser? What if your job duties were changed because you told your boss that you are pregnant? You may have many questions and need help. We have answers.

Sexual Harassment is an Issue for Kansas Workplaces

/0 Comments/in /by

Sexual harassment in general can be defined as discrimination that occurs because of your sex  (gender). When someone at your workplace inappropriately touches you, shows you or displays sexual images (such as a photograph on a telephone or a calendar on a wall), or verbally jeers, insults, sexual propositions, offers a reward for sexual favors, it is sexual harassment. This intimidation, whether it happens one time or many times, influences your job or your ability to do it.

The Kansas state government has made some efforts to protect workers, but it has also made steps backward in its protections for workers against sexual harassment. 

Acts Against Discrimination

On the positive side, the group of Acts Against Discrimination laws stipulate that it is illegal to discriminate against employees based on their gender. The laws apply to all private employers and public employers, from Cottonwood Falls to Topeka, with at least four employees. They make it illegal for employers to discriminate against people based on their gender, race, religion or religious dress, familial status, skin color, national origin (ancestry), or physical or mental disability. Sexual harassment and retaliation for complaints of it are forms of discrimination that, according to the 2018 governor of Kansas, are not tolerated.

However, these state laws do not require employers to provide anti-sexual-harassment training. Worse, employers who voluntarily provide training are able to use it as a defense when a sexual harassment complaint is filed against their company.

2015 Executive Order

On the negative side, in 2015, the state rescinded a 2007 Executive Order that protected workers based on sexual orientation and gender identity. The 2015 Executive Order may be summed up as saying that Kansas state employees can be discriminated against if they reveal their sexual orientation or gender identity to their employer.

In 2020, the Kansas Human Rights Commission stepped in to add protection from sexual harassment based on sexual orientation or gender identity for workers. The commission cited the U.S. Supreme Court’s recognition of protections from sexual orientation and gender identity harassment as the basis for its decision.

Getting Help

Due to complex laws, confusing overlap between Kansas and federal protections, and the possibility of being in a group of people that is unprotected, victims of sexual harassment might feel intimidated by the process of reporting the harassment. You need support and you may need advice. 

The first step in moving forward is to recognize that the harassment is not your fault. Next, you must report to your manager or human resources department that you have been sexually harassed. Admittedly, this can be difficult, especially if your harasser is your manager or, for example, works in human resources. If the harassment continues, return to your manager or human resources department and tell them again about the harassment and let them know it is affecting your work environment. If you still do not get support and resolution from your employer, it is time to get legal help.

Sexual Harassment at Indiana Workplaces

/0 Comments/in /by

Every state in our nation has a problem with sexual harassment in the workplace. Recurring or constant hostility in the workplace creates a type of corporate culture that can destroy the traits employers seek from employees. For example, the desired teamwork among coworkers or between departments, dedication to the company, and commitment to goals can be lost when employees face hostility at work. When a harasser bullies one person, they are likely doing the same thing to several people. And they have likely been behaving this way in previous jobs. To a certain extent, every employee in a hostile workplace suffers from an environment of bullying.  But no one suffers more than the harasser’s victim(s).

If you are the undeserving victim of sexual harassment at work, or even if you have been a witness to it, you have been affected personally and professionally by the behavior. You do not have to accept the harassment, and you do not have to quit your job. Consulting online resources can help you understand your state rights, and experts can guide you through the laws that are meant to support you.

What Is Indiana Doing About It?

Like many states, Indiana has recognized the toxicity of bullying in the workplace, and sexual harassment is arguably the most common type of workplace bullying. Since 2018, the Civil Rights Law has protected workers from Aberdeen to Zionsville by prohibiting sexual harassment in Indiana workplaces. 

Indiana Civil Rights Law

The Indiana Civil Rights Law protects both public and private employees, at companies with six or more people. It describes sexual harassment as follows:

  • Harassment may be physical (like unwelcome touching), verbal (like gender-based insults or lewd comments), or visual (like inappropriate images). It may be overt or subtle.
  • Harassment is defined by its effect on victims, not by the harasser’s intentions.
  • Harassment occurs when the response to it has an impact on a victim’s employment. In this situation, the harasser is typically a person with power or leverage in the company.
  • Harassment results in a toxic and hostile workplace, where a victim is unable to perform normally at work. This includes harassment that affects employee hiring, demotions, promotions, layoffs, compensation, work assignments, work location, and so on. 

Retaliation against complaints of sexual harassment is illegal and prosecutable.

If You Have Been Sexually Harassed

Victims of sexual harassment at work suffer from not just the practical results of the harassment but also from the emotional results. You may not know whether the impact of it will go away or will plague you for the rest of your life. We all deserve to work in a place that is free of hostility, where we feel safe to do our jobs. You can fight back, and you can have support to do it. Employment lawyers who specialize in helping victims of sexual harassment in workplaces can help you figure out how to regain what the harasser has taken from you.

Service workers today face more sexual harassment in Massachusetts

/0 Comments/in /by

Service industry workers are usually paid below the minimum wage and need to rely on tips to make the difference – now, in the midst of the coronavirus pandemic, new problems emerge. The Boston Eater cites a new report from One Fair Wage, which finds that more than 80% of workers are seeing a decline in tips and over 40% say they’re facing an increase in sexual harassment from customers. 

 

Saru Jayaraman, the president of One Fair Wage, noted that the team members who worked on the report were really shocked with how horrific the situation truly is – specifically the huge increase in hostility and sexual harassment.”

 

The group surveyed roughly 1,600 restaurant workers in five states, among which Massachusetts is one of them, with 143 workers surveyed. The title of the report, “Take off your mask so I know how much to tip you,” is a reference to one of several disturbing comments women workers say they’ve been hearing from patrons. “Women across the country who work in restaurants are being asked to remove their masks so that male customers can judge their looks and therefore their tips on that basis,” Jayaraman said.

 

In what Jayaraman terms “maskual harassment,” the phenomenon’s underlying power imbalance is no different than sexual harassment, she said, when workers are reliant on the customer’s tips. Demanding a service worker to take their mask off, she argued, is asking them to “subject herself to the virus and the possibility of death — for the sexual pleasure of customers, all because she doesn’t get paid a minimum wage.”

 

Paying fair wages to prevent sexual harassment

 

To Jayaraman, the solution is clear cut: Pay service workers fair wages. “When you get a full wage from your boss, you don’t have to put up with everything from the customers,” she said. Seven states have eliminated the federal subminimum wage. Workers in those states report one-half the rate of sexual harassment as do workers in states with the subminimum wage, according to One Fair Wage. This solution seems a more convenient one, as further increases in sexual harassment can place victims in a difficult situation, as they may need to enlist the aid of lawyers to procure the evidence to file a lawsuit. 

 

In response to the One Fair Wage report findings, the National Restaurant Association told NPR in a statement that it condemns sexual harassment and continues to work to confront that challenge through workplace training programs. “It does not matter if the harasser is a customer, a colleague, or a manager, it will not be tolerated in our industry,” the statement read.

The association also said it’s “open to the conversation about wage levels in the industry and the impact any change would have on the economic recovery of both workers and restaurant operators.”

Sexual Harassment Lawsuit in Iowa Filed by Former Firefighter

/0 Comments/in /by

A Dubuque firefighter is suing the city because she says she has endured sexual harassment on the job since she started in 2011. Jami Boss cites a number of incidents in her lawsuit including being told by a lieutenant that she was only hired because she was a girl. Boss said male firefighters used the women’s restroom and sometimes walked in on Boss while she was in there. And in one incident, a coworker shoved his hand down the back of Boss’ pants, according to the lawsuit.

 

Boss also said in her lawsuit that officials retaliated against her after she filed complaints about the way she was treated. And she says she was passed over for promotion in favor of male colleagues who had less experience than Boss. City officials denied most of the allegations in a formal response to the lawsuit. While this incident does not seem to hold much promise in the law surrounding sexual harassment, inspiration can be taken from changes in university policies. 

 

Inspiration from Changes in University policies 

 

The University of Iowa reported its new interim policy on sexual harassment and sexual misconduct at the state Board of Regents meeting on Thursday. The new policy is in response to Title IX regulations relating to sexual assault, introduced on May 6 by U.S. Secretary of Education Betsy DeVos. 

 

One of the new regulations by the U.S. Department of Education under DeVos was changing the evidentiary standards of sexual misconduct cases. It allowed universities to choose between a “preponderance of evidence” standard or a new, stricter “clear and convincing” standard. The University of Iowa (UI) retained the preponderance of evidence standard in its new policy.

 

University of Northern Iowa Title IX Officer Leah Gutknecht said the new Title IX regulations emphasize the need for a well-trained team including investigators, decision-makers, appeal officers, and the Title IX coordinators. The UI, Iowa State University, and the University of Northern Iowa coordinated over the summer to develop the new regulations. Gutknecht said all of the institutions have been trained on the new requirements, created feedback opportunities for students and faculty on the new policies, and revised policy and procedures.

 

The UI said its new policy on sexual harassment and sexual misconduct, “created a single interim sexual harassment and sexual misconduct policy and procedures to ensure compliance with the new Title IX regulations while upholding the university values of excellence, learning, community, diversity, integrity, respect, and responsibility.” The regulations still include rules regarding sexual assault, stalking, and domestic and dating violence. The new rules define sexual misconduct as “any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation.” The university will seek feedback on the new rules during an interim period of no longer than one year.

Can I Pursue a Car Accident Injury Claim Even if I Was Texting and Driving in Michigan?

/0 Comments/in /by

According to official statistics, almost 7,500 crashes were caused by distracted drivers in Michigan during 2017 alone. While there are many different types of distracted driving, cellphone usage and texting are some of the most common examples. If you have been involved in a crash in Grand Rapids and you were texting at the time, you may be wondering whether you can still pursue a personal injury claim. 

 

Even if you feel as though you are to blame for the crash, it’s always worth getting help from a qualified personal injury attorney. You may have serious injuries, and you may be dealing with various medical expenses, lost wages, and other out-of-pocket expenses. The good news is that an experienced personal injury attorney can use a range of strategies to help you gain compensation. 

 

Comparative Negligence

 

In situations such as these, Michigan adheres to a system known as “comparative negligence.” Under this system, you may still pursue a personal injury claim if you are partly at fault for the car accident. Unlike many other states, Michigan limits the amount of compensation that an at-fault driver can receive. If the court determines that you are at least 50% responsible for the accident, you will not receive any compensation whatsoever. 

 

That 50% threshold represents a significant challenge for personal injury attorneys. However, it’s important to note that you can still receive compensation if your attorney can prove that you were only 45% or even 49% responsible for the crash. If your attorney can do this, then you would still receive about 60% of the compensation that you’d otherwise be entitled to. 

 

The Burden of Proof

 

If you have been accused of texting while driving in the moments leading up to the crash, the burden of proof falls upon the prosecution – and it’s a significant burden. First of all, they need to prove that you were indeed texting while driving. Unless there are witnesses who somehow saw you texting through the car window in the seconds before the crash, this is challenging to prove. The authorities may look at your phone and look at when various text messages were sent and received. 

 

The next challenge is to prove that your texting actually contributed to the crash. If there were no other factors involved in the collision, the judge may assume that your texting was largely responsible for the accident. But what if there were other factors involved? Perhaps another driver ran a red light or sped through an intersection. These factors may outweigh the fact that you were texting and driving. 

 

Getting Legal Help

 

If you are accused of causing a crash after texting and driving, you can still receive compensation for your injuries. Reach out to the Neumann Law Group today. 

 

Neumann Law Group

Grand Rapids

250 Monroe Ave NW, #400

Grand Rapids, MI 49503

Phone: (616) 717-5666

Fax: (231) 221-0051

What’s the Best Way to Fight an Aggravated DWI Charge in New York?

/0 Comments/in /by

According to official reports, drunk driving fatalities and injuries have been steadily declining over the past decade or so. That being said, people continue to get behind the wheel while intoxicated on a fairly regular basis in the Empire State. This is a major concern across the United States, and offenders should be prosecuted for their actions. 

 

That being said, it’s always important to enlist the help of a qualified criminal defense attorney, even if you are facing a serious DWI charge, such as an aggravated DWI. Everyone is entitled to proper legal representation, no matter what crime they are accused of. An experienced attorney can utilize a range of different strategies to fight an aggravated DWI charge in court, and these efforts will likely result in a more positive legal outcome. 

 

What is an Aggravated DWI? 

 

In New York, the legal definition of an aggravated DWI is relatively straightforward. Those who have a Blood Alcohol Content of over .18 are guilty of this crime. This is more than double the legal limit, as a “normal” DWI occurs when you have a BAC of just .018. If you are caught behind the wheel with a BAC of over .18, it is assumed that you are a serious danger to yourself and other people on the road. 

 

What is the Penalty for an Aggravated DWI?

 

If you are found guilty of an aggravated DWI, you face serious legal consequences. There is a mandatory fine of at least $1,000, and this fine can be increased to a maximum amount of $2,500. In addition, you face a maximum jail term of one year and a revoked license for at least one year. But that’s just if it’s your first offense. Much more serious penalties are associated with subsequent offenses:

  • Second Aggravated DUI: A second aggravated DUI within 10 years is a class E felony. You will face a fine of $1,000-$5,000, a jail term of up to four years, and a revoked license for 18 months.
  • Third Aggravated DUI: A third aggravated DUI within 10 years is a class D felony. You will face a fine of $2,000-$10,000, a jail term of up to 7 years, and a revoked license for 18 months. 

 

How to Fight an Aggravated DWI Charge in New York

 

Fighting an aggravated DWI Charge in New York courts can be difficult, as new rules have made plea bargains and other tactics impossible. An experienced attorney may be able to call into question the validity of the evidence presented by the prosecution. For example, your attorney may attempt to prove that the blood test results are unreliable and inadmissible. 

 

Getting Legal Help

 

If you’re facing an aggravated DWI charge in New York, reach out to Darren DeUrso, Attorney at Law today. 

 

Darren DeUrso, Attorney at Law

188 East Post Road, Suite 300

White Plains, NY 10601

Phone: (914) 772-8614

 

accident-onlinelawyernetwork

Social security disability attorneys are instrumental in application and disputes of SSDI benefits.

/0 Comments/in /by

Social Security Disability (SSD) Benefit applications can be overwhelming, and SSD attorneys are skilled at handling common and unique issues that arise throughout the process.  Social Security disability insurance (SSDI) applications and disputed cases are won and lost on medical evidence.  Legal counsel can provide a compelling story, based on relevant medical records, facilitating an expedient resolve and faster access to the proper disability benefit amounts to which a disabled person is entitled.

 

Benefits.

 

Social Security disability benefits come from two different programs administered by the Social Security Administration (SSA).

 

  1. Social Security disability insurance (SSDI), only provides benefits to disabled workers who already paid taxes into the trust fund.
  2. Supplemental Security Income (SSI), provides financial assistance and health coverage benefits to disabled Americans who have not worked enough to qualify for SSDI.

 

Purpose.

 

SSDI provides monthly benefits to eligible disabled Americans whose conditions prevent them from working for at least 12 months. This program is designed for people who paid Social Security taxes throughout their working years and meet SSA’s work history and medical definition of a disability. SSDI attorneys can assess an individual’s situation to make sure they meet qualifications for benefit application. Benefits are paid monthly when individuals are unable to work for a year, or more due to disabilities. Benefits can be short term, or continue until the age of retirement, when they are converted to retirement benefits paid at the same amount. An SSDI attorney can outline the necessary requirements for the receipt of benefits.

 

Conditions.

Qualification for SSDI benefits is dependent on work credits from a person’s total annual wage, or self-employment income.  Forty credits are customarily necessary to qualify, with 20 of those credits earned in the last ten years of working before becoming disabled.  Younger workers sometimes qualify with fewer credits.  An SSDI attorney can assist with explanations related to work credits. There are special situations where individuals may apply for SSDI benefits, including disabled children, widows’, or widowers’ benefits, blind individuals, and wounded warriors and veterans.

Application.

 

Attorneys who have experience with social security disability applications assist individuals who need to properly document medical conditions, and produce relevant supporting evidence that provides proof that a disability should be covered. They collect, compile, and review medical documents and timelines that provide evidence of the disability through:

 

  • Medical records outlining symptoms and treatments relevant to disability status.
  • Physician testimony important due to doctor’s medical education, medical diagnoses, and first-hand knowledge of an individual’s symptoms leading to their disability.
  • Treatment failure revealing that the applicant attempted all normal treatment methods.
  • Employer and co-worker testimony providing first-hand accounts of how the disability affects safety, efficiency, and capabilities that would hinder applicant’s job abilities.
  • Lawyer testimony after approval on the initial application.

 

Seek legal counsel.

 

Guidance can be provided by experienced SSDI attorneys as they help individuals prepare disability applications.  Lawyers will explain differences in program benefits, necessary qualifications, and eligibility considerations.