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Deciding between Chapter 7 and Chapter 13 Bankruptcy

Many individuals who file bankruptcy file under the specific chapter that they qualify for. If they are not eligible for one filing, they explore the other. However, some people fall into multiple eligibilities and determine which bankruptcy filing will better suit their needs.

What Bankruptcy Can and Cannot Do

Millions of underwater debtors including individuals and businesses have turned to bankruptcy for relief. While bankruptcy is a powerful way to shield debtors from further debt collection efforts, it does not solve all financial problems. Additionally, there are different things that bankruptcy can accomplish based on the type of bankruptcy that is filed.

Keeping Children Safe in Motor Vehicles

The safety of children is paramount when traveling in any vehicle. The number one reason children under eighteen lose their lives is due to traffic collisions. With the right steps, many of these deaths can be avoided. The steps drivers take may assist both the children and themselves.

Importance of Correcting Recalled Automobiles

Entire vehicles and specific auto parts are recalled often due to defects. Some sources state vehicle recalls happen almost every single day. Information regarding vehicle defects is often available and sometimes mailed to owners of the recalled vehicles. Despite this information, many owners and operators of these vehicles fail to repair the defect or avoid the recall entirely.

Electronic Records and Patient Safety

Guidelines have been put in place for healthcare professionals and staff in medical facilities that require that standards are followed closely. These guidelines are to provide proper treatment and avoid medical malpractice as much as possible. One standard is to provide safety of medical records and privacy. A physician may be held liable for breaching a patient’s confidentiality.

Generic Drug Manufacturer Liability

When a person suffers an injury because of a prescription drug, questions regarding liability can arise. Courts must grapple with the concern over which manufacturer should be held liable.

Bystanders Injured in Police Pursuits

When police suspect criminal activity is afoot, a police pursuit may give rise. While the law enforcement officer is attempting to capture a criminal, sometimes innocent people wind up injured because of such pursuits. When this occurs, questions arise as to the liability of the parties involved.

How Does an OSHA Violation Affect a Workers’ Compensation Claim?

Individuals who are injured at work typically file a workers’ compensation claim if they want the employer to take financial responsibility for the injury. While an employee does not have to show that the employer was negligent and caused the accident, evidence of this characteristic can have legal significance.

The Effect of Personal Injury Claims on Mental Health

Personal injury claims are often based on the negligent acts of individuals and how these led someone to be injured as a result of a car accident, slip and fall or medical mistake. The physical effects of such accidents can be devastating. However, many such accidents often result in significant psychological injuries.

Dangers of Weight Loss Enhancement Products

In the quest to be thin in lives that are already full to capacity, many individuals look for ways to shed pounds quickly. Diets, protein shakes, working out, supplements and programs are a few options. Consumers are constantly bombarded with messages that show that thin is an attractive quality.

Medical Malpractice Claims for Elective Surgeries

Elective surgery is an operation that is arranged in advance as it does not consist of a health emergency. Semi-elective surgery is an operation that is essential to sustain the patient's life, but does not necessitate immediacy.

Misdiagnosis of Breast Cancer

Breast cancer is a great concern to many, and it incessantly plagues individuals in the United States along with the entire healthcare system. Diagnosing breast cancer may be a difficult process based on the related issues in the same area.

Risks of Genetics-Based Medical Treatment

Technological advancements have paved the way for genetics-based treatment for the medical world. It has been hailed as the future of medicine that can lead the nation into a more technologically-inclined world. With a fully explored genome, medical treatment can be a customized experience.

Is Depression Covered Under Workers’ Compensation Laws?

Many Americans deal with work-related depression on a normal basis. Often those inflected with this malady find the cause to be their job, even if it is exciting or enjoyable. Mental issues and mental health instances tend to be common in various work industries.

Safety of ATVs and Electric Cars

American vehicle purchases tend to sway back and forth between large vehicles to compact vehicles. Consumers are also fascinated with using ATVs as recreational items for personal and family use.

Are Mental Illnesses Covered Under Workers’ Compensation Laws?

Workers’ compensation covers work-related injuries and illnesses. Whether a particular injury or illness is covered by workers’ compensation varies as each state has its own workers’ compensation system and unique definitions.

Underreporting of Work Injuries

American workers are entitled to a safe workplace as required by the Occupational Safety and Health Administration. One way that this right is protected is by requiring employers to report certain work injuries so that problems can be identified and resolved as they arise. However, many employers may underreport work injuries to the detriment of their employees.

Who Is Responsible for Underage Drinking?

Many teens and young adults report drinking even when they have not reached the legal age limit of 21. If a teen consumes alcohol and then causes injury to another, other individuals may bear responsibility for the actions that followed consumption.

2015 Car Accident Statistics

Automotive crashes continue to be one of the main reasons for American deaths. After seeing a decline in traffic fatalities for many years, 2015 saw an uptick in accidents. Many factors contributed to a higher number of accidents.

Unsafe Asbestos Removal

Many buildings were constructed with asbestos insulation in the past. After the discovery that the material is hazardous to humans, many companies have endeavored to remove as much of the material as possible. It is when the removal becomes dangerous to workers that health and safety should be reinforced.

Misdiagnosis of Pancreatic Cancer

Pancreatic cancer begins in the pancreas. Generally these cancers are exocrine gland tumors. Exocrine glands comprise perspiration, saliva, mammary, sebaceous and mucous.

Rights of OSHA Whistleblowers

In the United States, employees have the right to work in a safe environment. The Occupational Safety and Health Administration establishes guidelines and investigates workplace accidents. In order to encourage reporting companies that violate established principles, OSHA provides protections to individuals who have alerted the agency of certain violations.

Legal Liability for Train Derailment

Trains tend to carry many people when transporting individuals to destinations. Though accidents are not very common, a derailment may occur for various reasons. When these incidences arise, many passengers may become injured.

Legal Steps to Take After a Public Transit Accident

Many forms of public transport are used each day in various cities around the world. They allow faster travel and easier convenience than cars on many occasions. Just as cars and trucks encounter damage through collisions, trains, buses and even light rails may encounter the same issues.

When a Business Relationship Goes Sour

In the advancing technological age, many business relationships end before their allotted time due to complications or violations in policy. Some employees or partners are unable to complete the demands of the business, violate regulations or breach a contract.

Temporary Workers and Workplace Accidents

Approximately 2.7 million workers in the United States are considered “temporary workers.” This makes up ten percent of the American workforce.

Do I Need a Lawyer if the Car Accident was Minor?

Many may ask themselves if a lawyer is necessary after any type of collision. When injuries and damages are minor, individuals may avoid seeking a legal representative. Some believe there is no reason for hiring a lawyer, and others may not know they are entitled to a lawyer after accidents. However, it is important to contact a professional when any type of accident ensues.

How Are Claims Affected When They Involve Multiple Vehicles?

Accidents involving multiple vehicles happen each day in various states, and it only takes a moment to cause irreparable damage. Numerous factors play into the root cause of these collisions and the determination of liability.

Parties that May Be Liable for Food-Related Illnesses

Whether going out to eat or eating at home, many individuals are harmed by different types of food. Safety may not be the first thought for many that handle food products, but negligence of food safety is a leading cause of illness and ailments from edible products.

What Happens When You Are Injured at the Gym?

Many gyms offer participants the ability to become members. Membership usually entails documentation that explains the use and rights of those within the gym. Likewise, individuals who are not members may still sign documentation or otherwise accept certain terms and conditions of using the facility.

Sports-Related Injuries and Legal Liability

While some sports are inherently dangerous, some individuals sustain injuries due to the negligence of others. Legal liability may exist when a person is injured while playing a sport, but complex rules may apply.

When Restaurants Are Responsible for Illness and Injury

Restaurants may be dangerous places for both workers and customers. Accidents happen in the kitchen often, but mishaps may occur in the dining area as well. Various factors may cause these incidences, but many of the circumstances are preventable.

Risks for Night-Shift Employees and Workers’ Compensation

Working at night is a common occurrence for over two million Americans. While there may be some benefits such as higher wages due to the shift, there are many drawbacks as well. The absence of any management may be one disadvantage when any type of injury is sustained. With less or the total lack of supervision, many workers may take risks not necessary for workers of other shifts.

Risks of Talc Powder on Mothers

Talc-based products are often used as a daily regimen to increase the personal hygiene a person possesses. Other uses include sprinkling the powder in a diaper or on the skin of an infant to prevent possible rashes caused by diapers. Unknown to some, the talc-based specific products may be more hazardous to the health of babies, children, women and expecting mothers.

Will My Child’s Opinion Be Considered in a Custody Case?

Divorce often leads to child custody battles when both parents want the child for various reasons. These battles tend to lead to court dealings that may cause much time and money to resolve. These proceedings come about when the parents are unable to arrange times and a date to share the child or children and mediation has failed or is not considered be an option.

How Far Away Can I Keep My Service Animal According to ADA?

People with a disability are permitted to use service animals and those used for support for many reasons based on the situation. Federal rights and laws specify the regulations and allowances of these animals when in service. Some states have additional laws that add to the meaning of a service animal. Some laws allow more freedom and a closer proximity of the animal to the agent.

Dangerous Transportation Hazards

Every day, people are subjected to certain hazards while commuting to and from home, work, school and other locations. These hazards exist on the roadways as well as through other forms of transportation.

What happens at a Deposition in a Civil Case?

A civil case is a claim that typically deals with contracts or business matters. Torts are usually negligent acts that end in damage or harm. Civil cases may occur through the intentional or negligent actions of others. For most civil cases, the remedy is money damages.

What Not to Do Before Bankruptcy

Bankruptcy laws are often complex in nature and some filers make mistakes before they ever file their petition at the courthouse. Making certain mistakes may have an adverse effect on bankruptcy or even prevent someone from qualifying for bankruptcy. Some mistakes to avoid include:

How a Workers’ Compensation Claims Differs from a Personal Injury Claim

When an individual is injured at work, he or she may wonder whether to file a workers’ compensation claim or a personal injury claim. There are significant differences between these two options and filing a personal injury claim may not always be an available remedy depending on the circumstances of the case.

Risks of Handling Your Own Car Accident Claim

Every year, more than 2 million individuals are injured in automotive accidents. Some of these individuals choose to handle their car accident claims on their own. However, making this decision can lead to irreparable harm and subject them to certain risks, including:

Damages Available in Personal Injury Claims

Every year, millions of individuals sustain injuries or are injured in personal injury accidents, including car accidents, medical malpractice cases, dog bite cases and premises liability cases. When negligence causes another person to sustain an injury or to be killed, the victim or his or her family may be able to recover compensation for the damages that the victim sustained.

Liability for Dog Bites and Attacks

While many dogs are friendly and loyal companions, some dogs act ferociously and cause injury or even death. When a dog attacks a person, a careful assessment of the situation can help determine whether liability lies in another person or entity.

Things to Know about Personal Injury Claims

Many of the lawsuits filed in the United States are based on accidents and conduct that resulted in injury. These lawsuits are personal injury claims that seek compensation for the injuries that victims sustain. Before pursuing a legal claim of this nature, it is helpful for victims to have a thorough understanding of these claims.

Questions to Ask a Personal Injury Lawyer

In any given jurisdiction, there are many lawyers from which to choose. Personal injury lawyers are lawyers who represent clients who were injured in an accident or through intentional conduct. They often represent car accident victims, but they may also work on cases involving medical malpractice, semi truck accidents, animal attacks and injuries caused by defective products.

Heat Injuries in the Workplace

Every year, thousands of employees suffer serious injuries or die while performing their basic work duties. One reason for these staggering statistics is because of harm caused by heat.

Breach of Contract Litigation: The Guaranty

Many consumers are influenced to purchase a product because a guaranty is offered on the product. This guaranty instills confidence in the consumer. However, when a manufacturer does not comply with the terms of the guaranty, legal issues may arise.

Risks of Unnecessary C-Sections

Surgery runs the general risk of ending a patient’s life through several factors that are minimized through regulations and guidelines. Healthcare professionals are tasked with taking precautions and ensure a sterile environment for all patients. When a mother is due to deliver a child, surgery may run higher risks than natural birth.

When Road Hazards Are to Blame for Car Accidents

Many accidents involving vehicles are the fault of a driver or specific factors dealing with passengers, behavior, other drivers or conditions caused by drivers. In other instances, road issues may cause collision or accident on its own.

Characteristics of Drivers More Likely to Get in Car Accidents

Many accidents occur through defects, negligence and accidental circumstances. While this holds true with most collisions or crashes, there are some factors that increase the rate of injury or damage on the road. These factors are characteristics of individuals that may increase the possibility of an accident or those that are likely to be distracted while driving.

How Does Subrogation Impact Car Accident Claims

Subrogation is the replacement of a person or group of people by another in respect of a duty or coverage claim, supplemented by the allocation of any supplementary rights and duties. In application, this allows insurance companies to direct claims liability to other parties.

Common Causes of Automotive Accidents

Car accidents have been one of the leading causes of death during the last decade. Though the number of deaths has varied each year, the number of individuals who have lost their lives has been high in the United States. Damages and injuries cost billions in medical bills, medication, treatment and surgeries every year.

Facts about Illinois Workers’ Compensation

Worker’s compensation is not always understood by those that may claim it through work. Due to this lack of knowledge and an employer’s incentive to pay out as little as possible on a claim, injured employees may not receive the entire amount of benefits to which they are entitled.

Slip and Fall Accident Facts

One of the most common types of accidents that results in a personal injury is a slip and fall. These injuries generate a great deal of claims for insurance or litigation.

Social Security Administration and the Listing of Impairments

The Social Security Administration has a catalog of deficiencies that count towards disability and allocating monetary benefits to those that qualify due to these impairments. Typically an assessment must be administered by a valid healthcare professional with findings sent to the Social Security Administration for review.

How Children Can Qualify for Social Security Benefits

Many parents raise disabled children who have various impairments. Support is available through the Social Security Administration via monetary disability benefits.

Working and Collecting Social Security Benefits

Many individuals live on a fixed income which may be limited in amount and may be inadequate to fully support them. This motivates many people to go back to work. There are distinct rules for people who are receiving disability benefits and those who are receiving retirement benefits under the Social Security program.

Can I Sue a Company for Using My Image to Sell a Product?

Many companies use photos of people when selling their brand or product. Often times, these photos are of models or professional actors. In some cases, businesses may use photos of private parties rather than expert models.

Workplace Risks in the Restaurant Industry

Restaurants often have many hazards that cause work-related injury to many workers each year. By learning about the potential risks in the restaurant industry, employers and employees can take steps to make the workplace safer and prevent injuries.

Legal Options for Injured Passengers

Thousands of travelers are injured in traffic accidents each year. Though the amount of injuries fluctuates from year to year, the problem is still an issue. Many passengers are harmed along with the driver, but in some instances only the passenger is the one with wounds.

Fibromyalgia and SSD Benefits

Individuals who are inflicted with serious medical impairments may be able to receive compensation through the Social Security Disability program. Many claimants file for benefits based on having fibromyalgia.

Disability and Addiction to Drugs

Individuals inflicted with drug addiction often struggle against an impulse to use drugs. This addiction can lead to significant problems with their relationship to others. It may also affect a person’s health physically and mentally.

How Can I Evict a Tenant in Florida?

Tenants who do not pay rent in time or otherwise violate the rental agreement that they have with the landlord may be subject to eviction. However, a landlord must carefully follow the laws related to eviction to avoid liability in this situation.

What Can I Do If My Tenants Are Damaging My Property in Florida?

Landlords are not required to let their tenants destroy their property. They may take legal action according to local rules and the lease agreement.

Can My Landlord Change a Long-Term Lease Agreement or Stop Making Repairs in Florida?

Many of the landlord responsibilities may be laid out in a lease agreement. Absent an agreement or a provision on the matter, Florida law and housing codes may be consulted to determine the landlord's rights and duties.

Consultative Medical Examination in Social Security Cases

The Social Security Administration adheres to strict regulations for assessing when an individual meets what is considered to be disabled and is eligible for monetary disability benefits. If the claimant’s medical records cannot adequately help the disability examiner determine whether or not the claimant is disabled, a consultative examination may be arranged to help make this determination.

Determining Residual Functional Capacity

A disability examiner works together with a medical consultant to determine a claimant’s residual functional capacity. The consultant determines the level of exertion for which the claimant is physically capable and the limitations that affect the claimant’s ability. To determine the RFC, the claimant’s medical records are evaluated by a medical consultant.

SSD and Blindness

Individuals who are blind or suffer from vision problems may be able to acquire Social Security disability benefits based on their medical condition or conditions. These claimants are also entitled to different benefits and are impacted by different processes than confronted by claimants with other disabilities.

When Can an Injured Employee File a Lawsuit Against His Employer?

When workers are injured on the job, their usual course of recourse is to file a claim for workers’ compensation benefits. However, there are several scenarios that may arise that provide a basis for a civil lawsuit against an employer.

Legal Implications for Someone Who Provides a Guaranty on a Closed Business

Many people purchase a product or agree to service because the purchase comes with a warranty. However, if a warranty is made when the business is in the process of closing down or it has already closed down, certain legal implications may arise.

How Can People Lose Their Social Security Disability Benefits

Social Security disability benefits provide claimants with much needed income while they are unable to work. However, in some cases, these benefits can be lost.

What Is Ancillary Probate?

Ancillary probate is a mechanism of having two probate proceedings going on at the same time in different states. Whether a person’s estate will be subject to ancillary probate depends on the status of the property he or she owns and state law.

How Long Do I Have to Pay Child Support?

Child support laws vary by each state, so the rules that apply in one jurisdiction may not apply in another. However, many of the states follow some of the general guidelines discussed below.

How Long Do I Have to Pay Child Support in New Jersey?

Each state has different guidelines that specify how long child support must be paid. In many cases, the support obligation ends when the child turns 18 or finished high school. New Jersey’s child support obligation laws are more complex than the laws on child support in other states.

Workplace Risks in the Construction Industry

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.

What Do Pain and Suffering Damages Include?

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.

Drugged Driving

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.

Legal Mistakes to Avoid After a Car Accident

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:

Inadequate Training and Commercial Truck Accidents

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.

Availability of Workers Compensation Benefits to Surviving Families in Illinois

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.

Legal Value of Videos in a Car Which Capture an Accident/Event

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.

Proving a Defect in a Car Accident Case

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.

Drug Testing of Truck Drivers

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.

Hours of Service Regulations for Commercial Truck Drivers

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.

Nurse Fatigue and Medical Malpractice

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.

Signs of Nursing Home Neglect

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.

Technologies that Can Help Prevent Medical Errors

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.

How Do Medication Errors Occur and Who Is Liable?

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.

Remote Texter Liability

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.

Understanding Traumatic Brain Injuries

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.

Statistics Regarding Traumatic Brain Injuries

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.

I Was on My Phone at the Time of the Car Accident

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.

I Was Injured by a Distracted Driver

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.

How to Know if I Have a Medical Malpractice Claim

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.

What Can I Do About a Noisy School?

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.

Distracted Truck Driving and its Risks

The dangers of distracted driving are well known and cited. When truck drivers get into wrecks because they are distracted, tragic results may arise.

Preserving Evidence after an Accident

Accidents happen every day. The successful resolution of a case often depends on the actions that the victim takes immediately after the accident.

Independent Contractors and Workers’ Compensation

How a particular worker is classified can have a direct impact on eligibility for workers’ compensation benefits.

Common Workplace Injuries

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:

Hazards of Drowsy Driving

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.


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