Slip and Fall Accidents and Premises Liability

Posted by on Jan 6, 2017 in Premises Liability | 0 comments

Property owners should make sure that their places are safe for others. If they fail to do this responsibility, they may be held liable for a premises liability lawsuit. One instance of a premises liability lawsuit is called the slip and fall accident, where a person has been injured or killed because of a slip or a fall that has been caused by the dangerous condition of the premises.

It should be mentioned, however, that the property owners should be proven to have created the condition, knew that the condition existed, and failed to correct the condition. It should also be proven that the condition has been there long enough to be discovered and corrected.

According to an informative article from the website of New Jersey personal injury attorneys, slip and fall accidents and premises liability may be caused by a lot of things, including the following:

  • Broken stair handrails
  • Defective equipment in playgrounds and other recreational facilities
  • Ice and snow, especially in driveways, sidewalks, walkways, and steps
  • Inadequate lighting
  • Potholes, particularly in parking lots of commercial establishments

As you can see from the examples above, slip and fall accidents can happen either inside or outside the premises. In the interior of the premises, some examples include slippery floors with no barriers or warning signs, excessive or uneven application of floor wax or polish, and the unnecessary use of floor treatment especially on sloping or inclining parts of the floor.

Escalators, elevators, and stairs are also known to cause slip and fall accidents. The escalator and elevator mechanisms can catch clothing and hair, and may be susceptible to sudden jerks. Stairs, on the otherhand, have the risk of being slippery and having debris like pieces of paper and gum.

In the case of the exterior of the premises, it is mostly about buildup of ice, snow, and other potentially hazardous elements that can cause slip and fall accidents. Parking lots are also particularly prone to such accidents because of poor design that may cause tripping or poor maintenance that may cause potholes and other defects.

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Posted by on Aug 5, 2016 in Uncategorized | 0 comments

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Understanding the cost of assisted living

Posted by on Mar 20, 2016 in Elder Issues | 0 comments

The main drawback of assisted living according to is that it can be quite expensive like any other elderly care residences. In fact, assisted living annual cost may range from $25,000 to $30,000 for one elderly, the Department of Health and Human Services noted. The price range may even go higher depending on the facilities and services or programs offered to elderly.

Elderly may decide assisted living mostly if they want to have independence and make reasonable and realistic choices of living in their own. In assisted living communities, elderly are provided with their own apartment units that often have emergency signaling devices. The residents are then monitored and checked up by support staffs. Generally, highly-trained professionals like nurses, caregivers, support staffs, security guards, chefs, and other contract workers consists the assisted living community workforce. Residents are provided assistance to their everyday activities. Assistance may vary depending on the condition of an elderly. A disabled elderly may be assisted in feeding, getting dressed, bathing, or using the bathroom. Some elderly on the other hand are being assisted in their everyday medications. When looking for an assisted living facility, make sure that all the care and services your elderly will need are in the program.

Assisted living is also expensive due to other services that they offer to residents. The saying “you get what you pay for” absolutely applies in choosing assisted living residences. There are assisted living environments that are similar to high-end resorts. Such luxury assisted living facilities might have extra amenities like beauty salons, movie theaters, and massage therapists. Prices of assisted living can also go up if the apartment units have a wonderful view outside. On the other hand, price is considerably affordable if the services or facilities of an assisted living are only basic for an elderly.

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Dangerous Driving

Posted by on Oct 21, 2015 in Trucking | 0 comments

With millions of motorists on the road daily around the state, it is necessary that drivers honor the driving rights and prerogatives of other motorists and individuals traveling. Often, nevertheless, motorists act recklessly, endangering themselves and anyone who comes near them. Having the capability to recognize a reckless driver can be helpful for someone because actually should you not be able to avoid a collision caused by a reckless motorist, you may be able to state precisely how that driver was acting, reinforcing a claim against her or him. Having specific particulars could be extremely advantageous when attempting to take action against another driver, as you will find numerous kinds of dangerous driving.

As said on the website of the Centers for Disease Control and Prevention, reckless driving is accountable for several injuries per year in the US, many of which could have been prevented with more responsible driving behaviors. Though driving also can lead to significant financial strain for casualties, in addition to causing harms. Because several injuries caused by automobile accidents need expensive hospital treatment or emergency as well as vehicle fixes, casualties of dangerous driving mishaps could be facing weeks, sometimes years, of spending invoices related to their accident. However, a rash driver may actually lead to spending a victim monetary compensation to cover these costs.

Telltale Signs of Dangerous Driving

In line with the website of Sampson Law Firm, there are lots of particular driving violations that a driver that is reckless might perpetrate, including speeding, running red lights, and tailgating. These behaviors signify a motorist is just not paying enough focus on the dangers that are inherent in using a motor vehicle and are all not significantly safe. Several of the very frequent signs that a driver is driving carelessly include:

  • Swerving between lanes without the need for signals
  • Suddenly starting or stopping a vehicle
  • Cutting other drivers off
  • Gesturing or wildly at motorists that are additional
  • Neglecting laws and all traffic signs

These signs might signal that the motorist is a danger to those around her or him and is behaving alarmingly. You can be due fiscal damages in case you have been in a collision with somebody who acted in these or other reckless etiquette’s.

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Health Risks Linked to Power Morcellators

Posted by on Jun 22, 2015 in Personal Injury | 0 comments

Hysterectomies are one of the most common surgical procedures performed on women. A hysterectomy involves the partial or total removal of the uterus. In some cases, it can also involve the removal of a woman’s cervix, ovaries, fallopian tubes, and other surrounding reproductive organs. Such a procedure is performed to address health issues and diseases like uterine fibroids, cancer, endometriosis, pelvic inflammatory disease, and other related concerns.

Hysterectomies are traditionally performed through an incision that is about five to seven inches long to allow the surgeon enough access to the affected area. However, advancements in medical technology have allowed doctors to perform hysterectomies using minimally invasive methods. Since the early 1990s, surgeons have been able to perform the procedure using smaller incisions using laparoscopic tools like the power morcellator.

A morcellator is a tool that enables surgeon to break down large tumors or tissues into a smaller and more manageable size, making it easier to extract from the body. It works through the use of small, fast-spinning blades. Through morcellation, hysterectomies can be performed faster and with more accuracy. It also reduces the risk of infection in patients, and results in a faster recovery time. However, despite these benefits and advantages, recent developments have shown that morcellation can prove to be incredibly dangerous. In particular, the use of morcellators is said to be particularly dangerous for patients with undiagnosed uterine cancer.

According to the website of morcellator lawsuit attorneys Williams Kherkher, there is evidence showing how morcellators can exacerbate the spread and development of undiagnosed cancer in the uterus. For example, they quote a study published in the Journal of the American Medical Association stating that an estimated 1 in 370 hysterectomies involving the use of morcellators are performed on women whose cancer has yet to be undetected.

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The Dark Side of Long Lifespans

Posted by on Mar 15, 2015 in Personal Injury | 0 comments

Science has done some remarkable things within the last few years of human history. There were diseases that were once considered absolutely deadly – like small pox or even the bubonic plague that wiped out most of Europe’s population in the 1300s – that now have been mostly eradicated from existence. Some diseases are now completely treatable and people with developmental disabilities are even given the opportunity and capability to live normal lives despite the hindrance that their disability poses. It is quite a good time to be alive in this day and age – but there can also be some difficulty that living so long can cause.

The website of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A. says that since the 1930s, the lifespan of people in the United States has increased dramatically, thanks to the innovations of science and medicine and proper diet and exercise, allowing for people to live from under 60 years to over 80 years. Living that long, while great as this singular human experience is the one irreplaceable gift that people have, can be difficult. The older people get, the more they require help and care as they are more susceptible to diseases and damage. If human bones are fragile enough as it is, they only turn more brittle and breakable with age.

That is why institutions like nursing homes have become more and more necessary over the years. A lot of families are incapable of providing the right kind of care for their elderly relatives and nursing homes are the more favorable option. After all, these facilities are legally required to have enough professionals as well as have capable rooms and supplies in order to provide the individual needs of their patients, come what may. Should a nursing home fail to meet this standard quality of care, they are liable to legal action under the grounds of nursing home abuse.

If you or someone you know has a relative who has been the victim of nursing home abuse, it is recommended that expert legal aid is sought immediately.

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Concerns for Truckers

Posted by on Jan 12, 2015 in Personal Injury, Trucking | 0 comments

Getting the job done on time but having to wait from 30 to 60 days for payment from shippers and brokers can really be frustrating for trucking companies, especially those that rely heavily on continuous cash flow to keep their operations going. Sparing one’s trucking business from this situation is possible, though, but only through the seasoned and professional services of freight factoring companies, one of which is the highly regarded TBS Factoring.

Factoring services aim to unload the many burdensome issues off the shoulders of trucking firm employers, not just by ensuring them of fast and upfront cash that will help keep their business in the competition, but also by taking care of many other concerns, including legal, that can affect significant business opportunities. These services include: simple freight bill factoring solutions, various cash flow products designed to suit specific business needs, friendly personal service, freedom from time-consuming paperwork and office hassles, and rates that are fair and easy to understand.

One of the major benefits of a factoring service is the guarantee allowing an employer to concentrate more on, and further improve, business operations. This does not only mean completing jobs on time, but also making sure that each job is accomplished in utmost safety: a perfect benefit, without doubt, considering the fact that trucks often get involved in road accidents, causing severe injuries (and sometimes untimely death) to many innocent drivers and pedestrians.

By being able to concentrate more on properly managing the trucking business, employers and truck drivers can be spared from accident risks which only entail costly compensation due to damages. The Truck Accident Resource Center website, which is presented by law firm Williams Kherkher, says that truck accidents claim as many as 5,000 lives and injure close to 130,000 individuals in the US every year. Due to the enormous size of 18-wheelers, causing disabling injuries to victims is never an impossible consequence of a truck accident.

The bad news for truckers, however, is that the law allows victims to file claims lawsuits against liable trucking firms for all present and future damages that the injury will bring about. According to the website of Crowe & Mulvey, LLP, the compensation that victims are legally allowed to receive from liable parties ought to be enough to cover medical treatment and lost wages or loss of opportunity to be employed and earn.

While lots of settlements are made even before a tort lawsuit is filed in court, it will still be in the best interest of the victims and their families to seek the services of knowledgeable and experienced personal injury lawyers to make sure that they get the full amount of compensation allowed by law.

It is true that acquiring factoring services will lessen the actual worth of the job contract entered into by the trucking firm – the natural flow of business, nothing more. Truckers will realize in the long run that the benefits this freight factoring company offers and provides far outweigh the minimal cut in profit compared to the huge amounts of compensation that they will need to pay in the event of an accident.

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Personal Injury: Cruise Ship Accidents

Posted by on Jan 10, 2015 in Personal Injury | 0 comments

Accidents can occur anywhere, even within the house or during a relaxing time, such as a vacation. Government authorities as well as legal professionals, who are very often tasked to defend the rights of victims of accidents, believe that more than a third of the millions of accidents that either injure or kill victims every year are simply due to somebody’s acts of recklessness or negligence. And, being a result of a reckless or negligent behavior, the injuries sustained are categorized as personal injuries, which merit compensation from the liable party, while the accident itself, a totally preventable tragic event.

Some of the major sources of accident-causing injuries or untimely death include vehicular accidents (cars, trucks, motorcycles), pedestrian accidents, medical malpractice, defective products, animal attacks, workplace accidents, slip and fall, which also happens to be one of the common causes of injuries in cruise ship accidents.

A holiday vacation onboard a cruise liner is definitely supposed to be a perfect getaway from the stress and the monotony in everyday life. A vacation boat itself, today’s cruise ship is designed like a mini city due to its complete and modern facilities. Quite better than a city, actually, because besides providing quality entertainment and luxurious comfort at very affordable costs, all possible source of fun and excitement have been built in and on it. But while total fun is never an issue while onboard a cruise ship, authorities’ concern is centered on the safety of the passengers, especially when accident at sea strikes.

Floors becoming slippery due to sea breeze, ship fire, the ship running aground or colliding with another vessel, rogue waves or a storm, etc., can often turn a great adventure into a nightmare. Another worse scenario is that when something wrong occurs, passengers have very limited places to run to for safety.

Due to reports of different sea tragedies (and the harm these have caused passengers) during the past years the Cruise Lines International Association (CLIA) saw the need to enforce on all its members strict compliance with all international flag and port standards, requirements and guidelines to ensure the safety and security of each passenger. Plus, the Safe Return to Port requirement, which all cruise ships built starting 2010 should meet, has also been mandated. This requirement specifically states that the ship, despite an accident, ought to be able to carry all passengers safely back to port, and that all crew members, especially the medical personnel, should be able to skillfully handle all emergency situations.

On its website, law firm the Vucci Law Group, P.A., emphasizes the duty and responsibility of the cruise ship staff in making sure that passengers are safe from any risk of injury; this includes the presence of well-trained medical personnel to provide the medical assistance needed by any of the passengers.

The said law firm is sad to say, however, that accidents still occur and injuries are still often sustained due to the negligence of many crew members. While no crew member would definitely want a passenger to sustain an injury, being neglectful in his/her administrative duties cannot just go unpunished and without having any legal obligation to the injured. Thus, in the event of an injury, consulting with a personal injury lawyer will likely be beneficial to the injured victim.

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Divorce: Child Support

Posted by on Jan 9, 2015 in Family Law & Divorce | 0 comments

Child support is one difficult issue that so many spouses need to settle during the process of divorce. It refers to the financial assistance that the obligor, or non-custodial parent, ought to pay to the obligee for the support of the child. An obligee can be the custodial parent, a court-appointed caregiver, guardian or, in the absence of all these, the state.

In the US, support for a biological child is declared a legal obligation of parents by the Child Support Enforcement Act of 1984. This Act also enumerates the factors that family courts and judges need to consider when resolving child support issues.

This financial support is intended to cover the child’s basic necessities, like food, clothing, shelter, education and health care. Financial support is usually made only until the 18th year of the child; the court, however, may extend it or add to it, based on the obligor’s capability, payment for the child’s further education, summer camps, dental needs and vacations. (There is no definite federal rule regarding the need to support the child for his/her higher education, though, or the need to continue payment of support once the obligor or non-custodial parent dies.

In determining the obligor’s capability, as well as the amount of the regular financial support, the court considers the following factors: age and needs of the child, cost of the child’s needs, parent’s living expenses and the family’s living standard prior to the divorce, and parents’ capacity to pay child support. This last factor is usually based on parents’ income, which includes salary, commissions, workers’ compensation benefits, dividends, unemployment benefits, bank account, and so forth.

The rules and the different factors considered by the court in reaching a decision regarding child support vary from one state to another. The complexity of the divorce law and the sensitivity of the issue often make it very hard for spouses to establish an objective position, sometimes compromising the child’s best interest in the process. Thus seeking the help of a skilled and experienced divorce lawyer, especially an Ocean County divorce lawyer, would be in the best interest of divorcing spouses.

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Prompt Pay Act: Upholding the Rights and Interests of Doctors

Posted by on Jan 6, 2015 in Insurance | 0 comments

The significant decline in the purchase of private health insurance in the US can be attributed to two factors: high unemployment over the past years and the high cost of health insurance premiums. For wage earners, especially those in the middle income bracket, losing a job did not only mean lost wages, but of health care benefits too, which were actually employer-sponsored.

The cost of health insurance, on the other hand, which many health care and business experts believe to be insanely expensive, has driven many to shelve it instead. The effect is reliance on public health programs, such as Medicare, Medicaid and the State Children’s Health Insurance Program. Public health programs, which were introduced by the Affordable Care Act of 2010 and which cover the health care needs of those who can no longer afford health coverage, now address the health concerns of more than 30% of the American population.

Whether having private coverage or availing of public health care benefits, there is one common negative effect, though; not to patients’ disadvantage, of course, but to doctors. For while many experts describe the American health-care system as a “fee-for-service” kind of thing, wherein health-care providers are believed to be very high earners, well, think again, because several of them end up as victims of many health-care insurance firms, experiencing low, delayed or denied compensation despite valuable service already rendered to the public.

To protect the interests and rights of medical care experts the Prompt Pay Act was enacted. As explained on the website of the Williams Kherkher law firm, this 2003 mandate is aimed at making sure that doctors who do not receive full compensation from insurance firms (within specific timeframes) for the medical treatment that they have provided “may be able to recover compensation through a legal claim.”

The law firm explains, however, that the mandate neither covers all insurance programs nor does it render all health-care providers entitled to compensation through the Prompt Pay Act. It will definitely be in the best interest of the physician, therefore, to seek sound and wise legal advice from highly knowledgeable and experienced prompt pay lawyers for a clear understanding of their legal rights and legal options.

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