Legal Article Written by HG.org
While every workplace poses a certain degree of risk, some industries are more inherently dangerous than others. Such is the case with the construction industry.
One of the types of damages that personal injury victims may be able to receive compensation for is pain and suffering. It is important for plaintiffs to understand what is considered “pain and suffering” in the court that has jurisdiction of the case.
Many motor vehicle accidents are caused by impaired drivers. While many of these are attributed to drivers under the influence of alcohol, many others are due to drug impairment.
The moments after a car accident can be extremely confusing. They may lead individuals involved in car accidents to make some mistakes that can affect their legal claim, including:
Truck drivers occupy a safety-sensitive position. They operate vehicles that are very heavy and dangerous when involved in an accident. Sometimes they also carry goods that can be dangerous in the event of an accident.
For most employees in Illinois, the workers’ compensation program that applies is one that is regulated and overseen by a state agency. In some cases, the employer may be required to provide benefits to surviving family members of injured workers.
Individuals who are injured in an automotive accident or another event may benefit from having a video of such accident or event. Such footage may provide significant value in legal claims.
In some car accident cases, the liable party is not either driver. In some cases, the liability lies with the manufacturer that put a dangerous vehicle on the roadway. In these cases, the plaintiff must be able to show why the manufacturer should be held responsible for the accident.
Given the potential dangerousness of driving a large vehicle in an impaired state, laws have been established to help prevent drugged driving. Truck drivers are subject to a number of state and federal regulations, including the requirement to be drug tested.
Truck drivers and the companies for whom they work must follow stringent guidelines regarding the hours that they can work. Violating these rules can subject the truck driver and trucking company to fines and potential civil liability.
Medical malpractice often involves more than a treating doctor and a patient. Instead, many individuals may contribute or detract from a patient’s care, including lab technicians, pharmacists, assistants and nurses. When factors affect support staff, a critical error may be made in a patient’s treatment.
When a family makes the difficult decision to move a loved one into a nursing home, they expect that the loved one will be treated properly. Unfortunately, nursing home neglect abuse affects millions of people every year.
Every year, thousands of American die from medical errors that could have been prevented. At the same time, important advances in technology continue to be made. By implementing certain technologies, human lives may be able to be saved. Further advances may reduce fatal errors, prevent them or remove them completely.
One of the leading causes of death in the United States is medical malpractice. Many of these injuries are the result of medication errors, which can have devastating effects on patients and their families.
As more and more areas crack down on distracted driving, a new theory may hold other individuals partially liable for accidents caused by distracted driving. This theory is referred to as “remote texter liability,” and involves the assessment of whether a person not in the vehicle who texts a driver should share in the responsibility of the accident.
Traumatic brain injuries are often the result of personal injury accidents. They may be caused by negligent or intentional actions. They can also lead to serious consequences.
Traumatic brain injuries are some of the most serious injuries that individuals can sustain in accidents. It is important that they receive a proper diagnosis and start treatment as quickly as possible.
If you were on your phone at the time of a car accident, you may assume that you caused the accident by being distracted. While this is sometimes the case, it is not always. Therefore, it is important that individuals who are in such predicaments protect their legal rights and understand the legal consequences of certain actions.
Distracted driving is a dangerous activity because it removes a person’s focus while operating a machine that is thousands of pounds. Due to the increasing concern over this action, distracted drivers may be subject to civil liability and criminal reprimand.
A medical malpractice claim arises when a person is injured because of a healthcare provider’s negligence or deviation from accepted standards. Simply because a person suffers an injury while in a doctor’s care does not necessarily mean that such a claim exists.
Almost every private housing area as well as public ones prohibits undue, avoidable and excessive noise. For laws and ordinances that stipulate noise levels, law enforcement is allowed to give citations and tickets to those that violate these regulations.
The dangers of distracted driving are well known and cited. When truck drivers get into wrecks because they are distracted, tragic results may arise.
Accidents happen every day. The successful resolution of a case often depends on the actions that the victim takes immediately after the accident.
How a particular worker is classified can have a direct impact on eligibility for workers’ compensation benefits.
Individuals in every industry are susceptible to workplace injuries. However, there are often ways to prevent these injuries. By recognizing workplace hazards, employers and employees alike can take steps to mitigate risks and prevent employee injuries. Some of the most common injuries that American workers sustain include:
Drowsy driving has significant impacts on a person’s ability to safely operate a vehicle. Taking this risk means that a drowsy driver may also be taking the risk of causing an accident and being found liable for the injuries that result.
In some cases, motor vehicle accidents are not caused by an act immediately before the accident, such as speeding or turning in front of oncoming traffic. Instead, some motor vehicle accidents are caused because of the vehicle’s mechanical failure.
According to national studies, hundreds of thousands of patients die every year from medical mistakes that were completely preventable. This makes medical errors one of the most common reasons why people experience the loss of human life in this country.
While the United States is an industrialized country, it is not immune to having its workers adversely affected because of the substances that they are exposed to. Not all workers are exposed to the following dangerous substances. However, many Americans may find themselves and their health adversely affected by one of the following harmful substances:
According to the Federal Motor Carrier Safety Administration’s 2013 report, there were over 3,300 fatal truck accidents for the most recent year that statistical data was available. Given the vast disparity between the size of the commercial truck and the other vehicle involved, such accidents are often serious.
Transgender issues began to emerge in the 20th century and continued into the 21st century. During the second decade of the century, a major issue involving this group involved access to public restrooms. For some individuals the social issue mirrored a time of the earlier 20th century in which people were treated differently due to their race.
Credit card fraud can be a stand-alone offense or be a charge that is made in conjunction with other state or federal charges. Individuals convicted of credit card fraud face serious consequences.
Offenses from youthful offenders are not uncommon. However, this group of individuals is often perceived as a group that can be rehabilitated and avoid a life of crime. This makes crimes involving juvenile delinquency a complex area of the law that attempts to balance the needs of the public with the needs of the youth.
Restraining orders are issued in cases involving cases involving domestic violence and cases in which the judge believes that it is necessary to issue a restraining order in order to protect someone from another. However, situations sometimes arise in which a restraining order is not appropriate, such as when it is taken out against an innocent person.
Thousands of people die every year in accidents involving semi-trucks. Most often the victims are people in passenger vehicles that are ill-equipped to withstand a collision with a vehicle many times its weight and strength.
Battery, domestic battery and aggravated battery are all serious crimes under Florida law. However, they each have unique elements that must be proven and different implications regarding sentencing.
More than half of all Social Security disability benefits applications are denied at the initial stage. This staggering statistic demonstrates the high probability of an appeal.
The United States Department of Homeland Security estimates that 11 million workers who were born in other countries lack documented immigration status. This represents approximately 5 percent of the American workforce.
Hover boards are a popular toy item that teens and pre-teens are particularly drawn to. However, hover boards have been a frequent source of injury for children who use them.
It is standard practice for a truck driver to get paid by the number of miles he or she logs, a practice that many proponents believe creates an incentive for the driver to avoid safety concerns in order to get paid more.
While the general rule is that law enforcement officers are not legally liable for failing to protect a citizen, there are exceptions to this rule. One such exception is the special relationship doctrine.
Child pornography is an insidious issue that affects communities across the world. Individuals who are involved in child pornography may suffer serious consequences, including child actors, adult actors and producers.
The general rule is that law enforcement officers are not held liable for failing to protect their citizens. However, there are exceptions to this rule. One such exception is the state-created danger legal doctrine.
Flying with miles is an advantage for those that fly regularly and is often an option with credit cards, travel programs and other incentive programs. Travelers who fly with points have the potential to realize substantial savings. However, sometimes there are problems when the person wishing to redeem the points is unable to do so or if a flight is cancelled after using points.
Most police uphold justice and incarcerate the criminals perpetrating illegal activities. They become witnesses in court proceedings to ensure that people who break the law are held accountable. The actions of law enforcement officers usually result in the law being upheld with victims receiving justice for crimes committed against them.
When a pet gets sick, it can often feel like a family member is sick. While many people view pets in this light, the law has traditionally taken the view that pets are personal property. As such, if a pet becomes sick shortly after a purchase, traditional contract laws typically apply.
Drug crimes continue to be one of the most aggressively prosecuted categories of cases. As the link between drugs and violence continues to remain intact, governmental bodies continue to take drug crimes seriously.
The term “date rape” is used to differentiate between a rape that is inflicted by a stranger and one that is inflicted by someone whom the victim knows. Typically, this designation does not change the serious consequences of being faced with a sexual assault charge. However, some legal issues can arise in this context.
When people testify in court, they are often told that they will be subject to penalty if they perjure themselves. However, there are various types of ways that a person can be subject to perjury charges. Perjury can have many disastrous consequences.
Many job applications ask an applicant whether or not he or she has ever been convicted of a felony. Hoping that the employer will not check, some applicants indicate that they have not when this is not true. Making a claim of this nature can cause serious consequences.
Child pornography is one of the most taboo subjects in the country. It strikes fear in society. In some situations, someone may suspect child pornography and wish to report it.
Malpractice occurs when some form of negligence, such as a misdiagnosis, treatment after the surgery, mismanagement of care, treatment errors or the continuing care plan of the patient when they have been released from the hospital.
Individuals who want to be lawyers generally must pass a bar exam. This test is perceived as one of the most grueling in the country, requiring many individuals to invest an entire legal education and post-graduation months preparing for it. The test is created in such a way that it should indicate whether a person is qualified to practice law in a given jurisdiction.
In some situations, a concerned parent or other individual may petition the court for an emergency hearing to grant an order regarding custody or visitation rather than wait for the next available hearing date on the docket. However, such hearings are limited to those situations in which a true emergency is at stake.
Emails often do not disappear. Even if someone has deleted them, it is possible that they still exist in some form somewhere. Like with other pieces of documented evidence, an email can be used against someone in a case. However, emails have specific characteristics that put their authenticity into question.
If you have been wronged by another, you may consider pursuing a legal claim against the person who harmed you. However, before taking this action, you may consider whether your claim is viable. Some considerations in making this assessment include:
When considering pursuing a particular case, a potential plaintiff must determine whether the case is worth pursuing. While some clients feel that pursuing the case is necessary because of “principle,” unless the client has significant financial means to justify bringing forth a case that will yield a lower damage award than the associated legal expenses, making this determination is usually a financial decision.
It is not uncommon for a person to interview multiple lawyers before deciding which one to hire. Just as clients may interview lawyers, lawyers may conduct their own assessment of a case. Some of the factors that lawyers may consider when determining whether or not to take a case include:
Statutes of limitations are a set of regulations governing the amount of time after a cause of action arises by which the case must be brought or be barred from being heard by the court.
One of the most common types of consumer fraud is auto dealer fraud. A claim of this nature can arise from a number of misrepresentations, deceptive practices or other unethical or immoral behavior. When consumers feel scammed by auto dealers, they may consider hiring a lawyer.
Security breaches continue to be a serious threat to businesses and private citizens. When law firm computers are hacked, sensitive client information may be leaked to their detriment. Whether the law firm is liable for such breaches depend on a number of factors.
In 2010, Congress implemented a new act that provides for monetary incentives for whistleblowers who report Securities and Exchange Commission violations. Whistleblowers are individuals with important information about the illegal acts of others.
With more and more people being infected with sexually transmitted diseases, more jurisdictions are beginning to recognize causes of action by infected individuals against their sexual partner who infected them. There are a variety of legal causes of action that may be implicated in this type of situation. However, different jurisdictions have different rules regarding these types of actions.
Slander occurs when a person makes an unprivileged false statement of fact that causes harm to that person or his or her reputation. Determining the amount of damages in a given slander case can help the plaintiff and lawyer determine the potential value of the case and if it is worth pursuing.
In some situations, California landlords decide to rent out their properties until they are able to find a buyer. When a unit is sold that is occupied by a renter in California, the renter still has many tenant rights that must be honored and respected. Simply selling the property does not usually justify an immediate eviction of a tenant.
For many couples, real property represents the most valuable and expensive asset that they own. Since the couple will no longer be living together in the same house, they must often reach some sort of decision regarding which party will receive the house.
Sometimes after a person has taken certain medications, he or she discovers that this medicine has caused unanticipated medical issues. A person may be entitled to compensation for injuries caused by defective products. However, a person only has a limited amount of time in which to bring a lawsuit in order to recover.
When someone receives a summons, it is usually to indicate that they are being named as a defendant in a lawsuit. If the person fails to respond in a proper manner within the specified timeframe, the plaintiff may be able to receive a default judgment against the defendant in which they receive the relief asked of the court. Particular complexities can arise if the defendant resides in another state.
A person’s Last Will and Testament declares how he or she wants property distributed upon death. This legal document has great power, and courts follow the directions when possible. However, a will contest can disrupt probate proceedings and derail them entirely.
Child pornography is a crime that deals with some of the harshest and most serious laws that a person can face. Regardless of the specifics of the event or material involved, the first offense is met with heavy punishment, and subsequent offenses result in even harsher criminal sentences.
Every years, millions of products are recalled for various reasons. Recalls affect the very smallest of items such as children’s toys to large objects such as vehicles. When a product is recalled, it is usually due to some safety concern. Knowing the rights associated with recalled items can help consumers.
While many individuals have heard of contesting a will, a trust may also be contested in certain circumstances. If a trust is successfully contested, the trust can be modified or even eliminated in some situations.
The Social Security Disability and Supplemental Security Income programs both provide monetary benefits to disabled individuals although they are based on different economic eligibility criteria. Social Security Disability is available to workers who have earned enough work credits over their lifetime and within the last ten years.
If a person owes money to a creditor, the creditor or debt collection company may commence a debt collection lawsuit against the debtor. If the creditor secures a judgment, it can then take steps to collect on it through garnishment or attaching a lien on the debtor’s unexempted property. There are often several ways that a debtor can avoid these negative results, including the following:
While college represents many firsts for many students, some of these first-time experiences yield negative consequences, such as being the first time that some students have been away from their parents for any meaningful period of time. This new liberty and lack of supervision sometimes results in destructive behavior that has the potential to land the student in legal troubles.
Debt collection companies are often given a specific protocol to follow when collecting debts. Their owners may set out specific rules for these transactions. Additionally, federal and state laws often impose additional requirements regarding the collection of debt.
Technology has progressed to allow all manner of surgeries that extensively prolong human life to be performed with varying types of machinery. Despite this, there are in excess of 225,000 cases of patients who die while receiving medical treatment due to malpractice.
Unlike most other wounds or damage to the body, spinal trauma may be long-lasting and life altering. When vertebrae are separated or traumatized, various effects may arise such as swelling, back pain, temporary paralysis or permanent paralysis.
At times, new accidents may affect pre-existing wounds or damage done to the body from other accidents. The new injuries may cause previous ones to become worse, or they may cause brand new issues coupled with old issues. Typically, the previous harm done to the body that may be worsened has to do with the neck, back and/or the head. In some cases, prior injuries may have long since healed. In other cases, a new injury exacerbates an ongoing issue.
A common business practice for retail stores and other establishments is to have a manager or other agent of the business deposit all cash and check after the close of the business day. This is often completed after the bank has already closed. The agent usually drops a pouch in a deposit box for this purpose.
In Massachusetts, sellers of property have certain duties. One such duty is to disclose certain defects of the property. If the seller fails to disclose such defects, the buyer may have remedies available to him or her.
Preliminary hearings and arraignments are pre-trial proceedings that take part in criminal cases. They are similar in nature, but they have important differences. While the process involved varies by state, the general process consists of the following:
Recognizing the power of first-hand user experiences, some businesses flood review sites with positive reviews about their product or service by paying writers to manufacture this content. Rather than reading a real review by someone who has actually used the product or service, the consumer is duped by someone who has no contact with the product or service other than a paycheck.
National studies have found that many consumers check online reviews before making a purchase. Additionally, many consumers directly cite such reviews for the reason why they chose a particular product. Hoping to tap into the upside of this strategy, some businesses encourage consumers to post positive reviews.
Individuals who have a criminal record often experience difficulty in acquiring employment. Many employers obtain a criminal background check in order to flesh out potential problems. However, sometimes these checks include inaccurate information. Furthermore, some individuals may wish to clear their record to avoid this potential problem and others.
A wrongful death occurs when one person’s negligence or intentional acts takes away the life of another, resulting in damages to a surviving family member. A wrongful death may occur because of an automotive accident, workplace accident, homicide, medical malpractice or any other manner in which the law holds one party responsible for the death. However, the plaintiff only has a certain amount of time in which to file a claim.
Generally speaking, unmarried couples do not have the same property rights as married couples. While a court may help divide a married couple’s belongings and make other decisions regarding their severance of the marital relationship, they are more hesitant to do so and may lack the authority to do so when cohabitating couples are concerned.
When a person owns land, he or she may assume that he or she is the sole owner of all of the land and can restrict others' use of the land. However, through an easement, another person or entity may have the right to a limited use of the land.
Many businesses record phone calls that come into the business as a matter of practice. This may be to keep a record for future use, for training purposes or to protect the business’ interests. However, if a customer wants a copy of the conversation, he or she may have difficulty acquiring it.
In the United States, it is unlawful to be married to more than one person at a time. Violating this law can have criminal and civil repercussions.
Like the answer to so many legal questions, it depends. As more and more people are using social media, this area has become a common ground for employees to post information about their jobs, their personal lives, their views and other aspects of their lives that do not pertain to their work. However, in some cases, employers may have grounds to fire employees for their social media conduct.
Many older workers find it difficult to find employment after being discharged from their previous employment or reentering the workforce after time out of it. Some employers may inadvertently favor younger employees. Rejecting older applicants in favor of younger ones may expose employers to liability under state and federal laws.
The Age Discrimination in Employment Act of 1967 prohibits employment discrimination against individuals who are age 40 or older. It makes it unlawful to use a person’s age if he or she is at least 40 years old as a consideration in employment decisions in most cases.
Millions of people across the country consider themselves or are perceived as having a disability. However, many of these individuals wish to work and benefit society. Employees and applicants are entitled to protection under the federal Americans with Disabilities Act.
Despite numerous labor and employment laws on the federal, state and local levels, workplace discrimination continues to be a problem in the United States. When employers do not follow applicable laws that prohibit workplace discrimination, they expose themselves to potential civil liability.
Hospitals, nursing homes and other medical providers owe patients a greater degree of care than one person owes another. This is because they are entrusted with the medical treatment of individuals. When a nursing home or hospital is negligent, the victim may pursue a medical malpractice against it.
Dog bites continue to be an ongoing problem, resulting in serious injuries and civil lawsuits being filed. Knowing which parties share responsibility for the injury helps identify potential defendants in a personal injury case.
Unlike other states that use a “one bite” rule for dog bites, California imposes a strict liability statute that holds dog owners responsible for the injuries their dogs cause. However, there may be other potential defendants based on the circumstances involved in the case.
While it can be devastating to discover that your spouse has been unfaithful and broken his or her vows, laws are increasingly finding such information irrelevant. Most heartbalm statutes have been eliminated across the country, limiting the rights of the aggrieved spouse to seek compensation from the adultery partner.
Each state has enacted a statute of limitations for personal injury cases. This statute specifies the time in which a claim must be filed in order for the victim to move forward with his or her case. A personal injury lawyer can advise clients on the necessity of filing a claim and the appropriate timing to file their claim.