Is Your Workplace Dangerous? It’s More Likely Than You’d Think.

Posted by on Aug 14, 2017 in Workers' Compensation | 0 comments

Most people like to think that their workplace is a safe place. In reality, the workplace can cause harm or damage to employees, and companies don’t always act in their employees’ best interests. If you’ve been injured at work, going to the doctor immediately can increase your chances of compensation.

When determining if you have a viable work injury case on your hands, it’s important to discuss your case with an attorney. Some people believe a work-related injury should be compensated when in reality, the injury was caused by in some way by the injured employee. But if the injury was caused by mismanagement, overly relaxed safety regulations, poorly regulated or faulty equipment, or a dangerous environment, you could be able to earn repayment concerning the injury.

For example, common work-related injury cases involve chemicals in the work environment that damage human health such as asbestos. But cases can also include injuries obtained from work-related outings and events or exposure to hazards in the workplace. Assaults and workplace violence can also occur, as well as OSHA violations, falls, and crime. In fact, according to OSHA, every year there are more than 45000 work-related deaths. OSHA is an organization that attempts to place safety and health standards for workplace environments, so a failure of businesses to abide by these regulations may be to blame for your work-related injury. And the National Center for Biotechnology Information tells us that 30% of chemically-induced burns occurred in the workplace. Chemicals can also incur long term effects on the health and well-being of employees, so it’s especially important to discuss the specifics of your work related injury with an attorney.

For the best chance at winning compensation in a work related injury case, there are several things to avoid. First, if you wait too long to make a claim concerning your injury, your case might become null. Every state has different worker’s compensation laws, which includes a time frame for reporting injuries and making claims. Therefore, make your claim in a timely matter.

Second, if you don’t disclose all of the symptoms and problems arising from the injury, you might miss out on deserved compensation. For example, work related injuries can cause physical harm, mental harm, and monetary and property damages. Be sure to discuss all of the ways the injury has impacted your life.

Lastly, choosing not to have legal representation is often a big mistake that can lead to the loss of compensation. It takes a skilled team of professional attorneys to navigate the ins-and-outs of such cases, as finding loopholes and legal footholds are often difficult for an inexperienced person. It usually doesn’t hurt to consult an attorney to determine whether your case is viable and you might be eligible for compensation. From there, you can decide on the best route of action.

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Damages from Personal Injury Lawsuits

Posted by on Jan 3, 2014 in Personal Injury | 0 comments

When it comes to personal injury damages, there are many types that a victim is entitled to. Depending on the case and situation where injury was made, the precise amount for damage in a personal injury can vary, and it will often be determined by a jury (should it go to court) of settlement can be agreed upon between both parties.

Generally, awards for damages in a personal injury fall into two categories: the compensatory damages and punitive damages. Compensatory damages are usually the most widely-given compensation for personal injury. This compensation aims to make the victim “whole” again as much as possible, seeking to restore the victim physically, mentally, and financially. Compensation pays for both monetary and non-monetary losses.

On the other hand, punitive damages are rarely given on a personal injury case.  Punitive damages are given when the conduct of the defendant (or the one who caused the accident) has been particularly extreme and outrageous. This is to deter the defendant from doing the acts again.

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Medical Malpractice Statistics

Posted by on Dec 9, 2013 in Medical Malpractice, Personal Injury | 0 comments

Medical malpractice is one of the many reasons people file personal injury lawsuits. According to the Medical Protection Society (MPS), medical malpractice is defined as the negligence of a medical professional to uphold the “standard of care” required of them, causing direct harm to the patient. Any health professionals, even the hospitals themselves, can be held legally liable for any injuries or harm that their patients endure as a result of negligent care.

Medical malpractice (also called medical negligence) is a very prevalent problem in the United States: it causes about 160,000 deaths every year across the country. It is estimated that 1 in every 3 patients will suffer from some form of medical malpractice, and these errors can be anywhere from misdiagnosis to wrong medication/prescriptions to surgical errors to many other acts of negligence.

Annually, there are approximately between 15,000 to 19,000 medical malpractice lawsuits filed against doctors or other medical professionals. In fact, the majority of doctors around the United States have a high probability of facing a medical malpractice lawsuit during their professional careers. However, the possibility of a patient receiving a payout is low.

Upon acknowledging that you have fallen victim to medical malpractice, the best option is to find and hire a personal injury lawyer, preferably someone who is proficient in medical malpractice lawsuits. There are rules and statues that should be followed in order to improve the lawsuit’s chance of success. It is important to gather evidence and have a solid presentation should the case go to court.

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Domestic Violence in Texas

Posted by on Nov 20, 2013 in Domestic Violence, Personal Injury | 0 comments

Domestic violence is not as uncommon as most people would like to believe. In Texas, about 35% of adults have experienced domestic violence in one form or another, and it affects women most particularly. In 2012, 114 women died as a result of domestic violence in Texas as compared to 2011, when 102 cases were reported. In 2011, there were 177,983 reports of domestic violence, of which about 26,000 are against children. However, it is suspected that far more incidents of abuse happen behind closed doors, and victims are often too frightened of or dependent on their abuser to speak out.

Texas takes the crime of domestic violence quite seriously. There is a pending bill at the Texas senate that will require habitual offenders to register with a state database, making it easier to track and guard against them. According to the website of BB Law Group PLLC, domestic violence can take many forms, and each incident is enough to legally prevent the abuser from threatening the safety of the family if it is reported. A conviction of domestic violence is also grounds for a fault-based divorce. In the event of a divorce, the spouse convicted of domestic violence will be given limited or no custodial or visitation rights to their children but at the same time may be required to provide spousal support as well as child support.

Domestic violence may also be the basis for a restraining order or order of protection. While most victims of domestic violence are often reluctant to report the abuse for fear of breaking up the family, it is important that they understand that the physical, psychological, and emotional damage of violence at home can be far-reaching and devastating, especially for young children. In order to protect the vulnerable from an abusive family member, domestic violence should be reported at once, and a domestic violence lawyer can provide advice on legal options for the protection of family members in the future.

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SR-22 requirements

Posted by on Nov 3, 2013 in Car Insurance | 0 comments

According to the website of Habush Habush & Rottier S.C. ®SR-22 is often mistaken as an insurance policy. This is not true. It is a document that the state requires as proof that you have liability insurance in case accidents happen, meaning it can be used as evidence that you do have an existing policy. Different states have their own laws regarding the requirements for and SR-22, and there are even ones that do not require SR-22 at all.

SR-22 (SR means safety responsibility) is provided by the insurance company and filed with the Department of Motor Vehicles. Despite the differences from law and processes between states, they all share the same goal of monitoring insurance coverage in order to administer mandatory insurance requirements. The monitoring is mostly done by the insurance company who is providing the SR-22 bond; failing to keep up with the insurance coverage gives the insurance company permission to notify the state, which then has the authority to make the necessary actions against the person with SR-22.

Regardless of the reasons for the SR-22, once a person is required to have it he or she should honor the amount of time that the state requires for it. The length of time a person needs to carry SR-22 depends on the state where it has been filed. Most cases call for a 3-year fulfillment after the driver’s license has been reinstated, particularly because of DUI or DWI. If there have been no incidents or accidents (as defined by the state) during the whole 3 years, then the SR-22 requirement can be revoked.

Most states have SR-22 requirements, but there are those that do not have them. These states are Delaware, Minnesota, New York, Oklahoma, New Mexico, Pennsylvania, North Carolina, and Kentucky. Moving from a state that requires SR-22 to somewhere without such requirement does not make the requirement unnecessary: your previous state may still require you to file SR-22. This can be appealed depending on the new state you live in. Fulfilling your SR-22 requirements is still necessary. Since an SR-22 is a high risk bond, people who have SR-22 often pay higher insurance premiums. It also ensures the state that you have minimum liability insurance.

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