Legal Guide Legal Guide Copyright by en Sun, 25 Feb 2018 12:27:35 -0500 What Type of Damages Can a Plaintiff Claim in a Personal Injury Case? Most people are aware that successful personal injury lawsuits result in a “damages” payment awarded to the injured plaintiff by the party involved with the injuring. Monetary payments in personal injury lawsuits are basically classified into two: compensatory and punitive damages. Compensation is the most common type of damage payments successful lawsuits win. Occasionally, however, punitive damages are also awarded by courts, especially if the defendant party has been knowingly careless, leading to the injury.

Usually, the first thing clients in personal injury lawsuits want to know is how much their case can be worth, say attorneys at Tait & Hall, one of the best known personal injury law firms in Arizona. There are actually several types of damages a personal injury lawsuit can claim. It depends on the nature of the injury, such as whether the injury is monetary, physical, emotional, or other in nature. Damages are either negotiated by the two parties or decided by a judge or a jury after a trial case. Read below for a quick understanding of the most common types of damages an injured person can demand in a personal injury lawsuit:

Medical Treatment Fees

Compensatory damages for medical treatment is one of the most common types of damages claimed in personal injury lawsuits. If the defendant is found legally to have caused a physical injury to the plaintiff, then the medical costs can be negotiated as damages. The defendant can agree to reimburse the plaintiff for any hospital or pharmaceutical bills incurred as a result of the injury. While physical injuries are easy enough to put a number on, certain other types of injuries, especially physiological, cannot be easily calculated in monetary compensation terms.

Income or Lost Wages

If the injury in some manner has hindered the plaintiff’s employment, leading to loss of wages or salaries, then the plaintiff can demand that the defendant cover those lost wages. This is calculated in not just money lost at the moment of the injury, but also in terms of long-term consequences of the injury. For example, if an accident left a person injured and confined to a wheelchair unable to work, then this person can demand compensation for income lost in the future as a result of the injury. Lawyers call this compensation for the "loss of earning capacity."

Property Loss

It’s easy enough to understand. If the injury was caused to the plaintiff’s property, such as slamming a car into the garage door, then the plaintiff can claim property loss damages.

Compensation for Pain and Suffering

It’s hard to quantify damages in terms of emotions of the injured party. Nevertheless, compensation for pain and suffering is one of the most common types of damages sought in personal injury cases. It’s also the trickiest to calculate. Pain and suffering are not easy to identify as, say, property loss damages. But experienced attorneys can negotiate terms of compensations for any type of pain or suffering caused because of the accident.

Guide Editor Wed, 31 Jan 2018 23:13:19 -0500
Is a Signature From 50 Years Ago Really Important to Your Home Ownership? If you were to ask anybody who has been through the home buying process about their experience then they would tell you that it is not an easy task. Not that it is an impossible one, just that it can often become so overwhelming that many homeowners forget to complete their due diligence.

One of the most commonly forgotten processes is title insurance.

If you are about to embark on the home buying journey and don’t know what title insurance is, this is the article for you. Available only prior to settlement, title insurance is the one product which can protect you the most.

Let’s start with an example.

Imagine that 50 years ago, the home you are looking to buy was once part of an inheritance. When the will was read, the property was to be sold and the profits divided among three people.

Further, imagine that only two of the three people were present at the reading and forged the signature of the third to allow the profit to be transferred to only those two recipients.

The process completed, the home was sold to the current owner, and nothing more was ever said or done.

Now, consider that it’s 50 years later and the third person mentioned in the will has just learned what has happened. This person can and likely will raise a legal claim against the title of your home because of a forged signature.

This means that even though you had nothing to do with the transfer which occurs two instances of property sales ago, you will be financially disadvantaged.

If you are unable to pay the claimed amount then the property can be sold at auction with whatever money remaining being passed on to you.

While it may seem like an extreme example you can rest assured that these situations happen all through the year to homeowners just like yourself who simply can’t believe that a situation like this can occur

How can you protect yourself?

If you can shop the Groupon Coupons page for Finish Line or you pay your bills on the internet then you can arrange your own title insurance.

The first step involves a professional title insurance agent investigation the transfer history of your property to determine if there are any liabilities or intensities which could result in a future claim being made.

If no issue is found with the title or the property itself, the second step involved the title insurance provider drawing up a policy which provides financial protection to the new homeowner in the event that an undiscovered issue is found and a claim is made against the title of the home.

It’s important to know that title insurance is a product which can only be taken out before the settlement of your sale. For this reason, it is imperative that you include title insurance in your pre-home buying checklist to ensure that you are fully protected into the future.

Guide Editor Fri, 22 Dec 2017 22:29:08 -0500
What to do when the other driver doesn't have car insurance In the course of your lifetime, you’ll most likely be involved in at least one car accident. Even the best drivers are involved in accidents, which are increasingly common across the United States. To see just how frequent car accidents are, you can simply look up the statistics in your area. For instance, according to New York car accident stats, there were nearly 6.3 million car crashes reported to police in 2015, just in New York state. Among all of those accidents, there were more than 35,000 fatalities and nearly 2.5 million injuries. Hopefully, you’ll only ever be involved in minor accidents, although the chances of you or someone in your vehicle getting at least injured are fairly high.

If you or a loved one is injured in a car accident, the last thing you’ll want to worry about is the legal process. You’ll want to focus on healing, or helping your loved one heal, not on lawsuits and insurance claims and medical bills. Unfortunately, sometimes you may have to deal with these issues. If the other party involved in the accident is insured, this will reduce the number of headaches in the legal process following an accident. In nearly all states, it’s mandatory for drivers to have car insurance. However, there are of course still people who drive illegally without car insurance. And, unfortunately, there’s a chance that the other party involved in your crash is one of these illegal drivers.

Having an uninsured party involved in the car accident makes things more complicated. So if this happens to you, what should you do?

Call up your insurance company

Regardless of the details of the collision, you should call your insurance company and report any accident that you’re involved in. However, this is especially true if the other party does not have insurance. Depending on your insurance coverage, your insurance company can help you decide how to proceed.

If you have uninsured motorist coverage — which protects you in the case that an uninsured driver hits your vehicle — then the process will be simplified. In this case, there are straightforward rules to follow, and you will be covered for the accident by your own insurance company. If you don’t have uninsured motorist coverage, your insurance company may still cover some or a part of the costs of your medical bills and car repair fees.

Keep in mind that your insurance company may have a time limit on when you can report the accident, particularly if the other driver is uninsured, so it’s best to call your company as soon as possible.

Consult with an attorney and consider filing a lawsuit

Depending on your state’s laws, you may also be able to file a lawsuit against the uninsured other driver. If you were to win a lawsuit, you may be awarded money that can help pay your medical bills or lost wages. Because the laws surrounding car insurance and liability are complex and nuanced, consult with an attorney who specializes in this area. An attorney will be able to tell you the best course of action, and will give you the best chance at actually winning the lawsuit.

If you are involved in an accident with an uninsured driver, there are courses of action available to you. Although the process may be stressful, it’s a situation that drivers across the country face on a regular basis, and there are resources available to you to help remedy the situation as much as possible.

Guide Editor Fri, 08 Dec 2017 11:00:43 -0500
What does employee fraud entail in Canada? In Canada, fraud is a violation of the Criminal Code. It refers to any case where an individual has sought to defraud a person or organization by using deceit, falsehood or similar methods. This can include accepting bribes or kickbacks as well as data fraud if you take digital information from your employer.

Digital fraud has become a common concern for employers. This means that if you are caught taking any company information, trade secrets, client contacts or related information from a company you can be charged with fraud.

As businesses try and crack down on this problem you should assume that any emails, social media or other online business accounts may be tracked and monitored. This is fully legal in Canada.

Despite the belief that data theft is untraceable, that is not the case. Computer experts are able to discover what information has been transferred to another device from any employees’ computer.


If convicted, it is very likely you will face jail time. How much time is served depends on the number of counts involved and how much money was taken. If you have been found guilty of fraud over $5,000 you could spend as much as 14 years in jail.

For those who defraud an employer the court may look on your case more harshly because of the trust relationship that was shared.

A judge may also look at aggravating factors when sentencing, these can include whether the crime was motivated by a bias or prejudice, the impact on the victim, whether the perpetrator was part of a larger criminal organization or if the incident was terrorism related, among other factors.

However, a judge may also consider mitigating factors in the case that would work to the benefit of the convicted. These can include any acts of compensation that the defendant has made, any emotional or financial consequences on the accused, and whether it is the first offence, among other factors.

In most cases a plea deal can be arranged with the prosecution to avoid a trial. This means the defendant will agree to a guilty plea and garner reduced charges or sentence.

Being convicted of fraud will mean you have a criminal record. If any potential employer does a background check on you in the future finding your criminal record may cost you that job offer.

A criminal record also hinders your travel plans, as many countries will not permit someone with a criminal record to enter.

If you have been charged with fraud put our legal experts to work for you. We have ample experience dealing with employee/employer fraud cases.

Guide Editor Fri, 03 Nov 2017 22:09:56 -0400
Ways to Protect Ideas in the UK

When you have a great idea that no one else has ever thought of, and you believe it is commercially viable, you should think about protecting it. It might not be cheap, but it is worth it. If you have an invention, you can apply for a patent. If you deal more on the intellectual side, you can be protected by a copyright. Know when to get a patent, copyright or trademark.

The basics of patenting

A patent is used for inventions. If your product is patented, you can stop anyone from selling, using or making it without your consent. You can give your consent and charge a royalty fee, which could offer higher profit. Before deciding to apply for patent, you should be sure that your invention is new by checking it thoroughly.

Applying for it can be costly and complex, but you can get professional help. Keep the idea or invention to yourself until the patent application is in process. Check if it is commercially viable. Will customers want it? Who will be your target market? Will it solve an existing problem better than what is currently available? Patents can also take a long time to be granted.

The basics of copyright

Copyrights are for intellectual works. They can last for up to 70 years. In the UK, a copyright can be automatic. You do not have to apply for it. For as long as your work is original and tangible, copyright laws automatically protect it. However, your work is worth appending with the international copyright symbol followed by your name and the year of creation.

Copyrights are for creative works such as literary pieces, photography, illustration, music and web content. You can also automatically copyright original software, databases, music recordings, film and TV recordings, broadcasts and layout of published editions of musical, dramatic and written works. After owning copyright for your original work, you can licence others to use it or sell such copyright, which will be agreed upon in a contract. Copyright is only up to a particular period, depending on the type of work.

What are trademarks?

Trademarks are typically used for brand protection. If you want your name and logo to be identified with your business, you can take legal action if someone else copies or uses your brand without your consent. Show that it is protected by a trademark, by adding the ® symbol next to your brand name. To register a brand trademark, it should be unique. Words, sounds, logos and colour schemes can be trademarked in your brand.

A great idea or invention can turn into a viable business and earn you high profits. If you have just invented a product that has never existed, a patent attorney can help you increase your chances of getting a patent. Companies such as can help you with this. They can even simplify the process using tools such as software. Protect your intellectual property - you have every right to do so.

Image via Stuart Miles

Guide Editor Mon, 16 Oct 2017 10:25:24 -0400
A Look at the Most Common Personal Injury Claims Many people watch the commercials on TV and see the billboards which state that attorneys can get victims the compensation that they need. And, according to statistics, over 700,000 personal injury claims are filed in the United States every year. Personal injury encompasses everything from dog bites to medical neglect, and it is vital that anyone looking for a personal injury lawyer works with someone who has experience in their type of claim. In this article, we’re going to take a look at some of the most common.

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1. Automobile Accidents

Each year, the United States sees approximately two million car crashes each year. These accidents can be due to a range of things such as drunk driving, distracted driving, and the weather. No matter what the cause of the accident was, if it wasn’t your fault, you could be entitled to compensation. It’s important to be checked out by a healthcare professional after an automobile accident, even if you feel okay. Your personal injury attorney will need this paperwork when forming your case.

2. Negligence and Personal Liability

There are over seven million ‘slip and fall’ accidents in the United States annually. When claims are made, it is usually because the accident has happened at a commercial or public facility, such as a grocery store, a private business, or a government organization. If the slip and fall happened in an area where the owner of the property was negligent, a claim can be made. Often, deals are attempted to be made before the case reaches the courtroom. In most cases, it is best to reject these if your attorney believes you could get a better offer.

3. Injuries at Work

When an employee develops an illness related to work, or is injured in the workplace, they are fully within their rights to pursue a claim. All employers are responsible for providing a safe work environment, and should not be putting their employees at risk. Claims in this area can be due to slip and falls, missing limbs, and even diseases caused by the work environment. Again, it is important to see a medical professional to get documented evidence of any pain or suffering your injury has caused.

4. Medical Malpractice

Medical malpractice is when you receive a poor standard of care from healthcare professionals that either caused you pain and suffering, or led to physical harm. In order to file a case, you need to be able to prove that the professionals in question didn’t provide the standard of care required and that you were harmed. A personal injury attorney will be able to help you gather this evidence and form a case on your behalf.

Although millions of personal injury claims are filed every year, not all of them lead to compensation. This is usually because the injured party is unaware of the steps to take or how to go about filing a successful lawsuit. It is vital to enlist the help of an attorney.

Guide Editor Fri, 13 Oct 2017 21:36:53 -0400
Common Car Accident Injury Claims A car accident can impact your life in many different ways. But that doesn’t mean that you deserve to bear the brunt of the impact on your own shoulders. With a car accident injury claim, you can get damages for the effects of your car accident. Find out exactly what you might be entitled to obtain.

  1. Medical Expenses

The first, and possibly most expensive, claim that you could make is for your medical expenses. Most car accidents result in some type of injury. If that injury is serious, you could have thousands of dollars in medical bills. You might become disabled and require long-term medical care. Other injuries could result in expensive rehabilitation and treatment.

Even minor injuries can result in doctor bills that you can’t afford. You could incur ambulance fees or be left with a scar that disfigures you. The cost of crutches, heating pads, and other accessories can add up. No matter what your injury may be, you deserve compensation. If you get a medical examination immediately after your car accident, you can get the proof you need for your personal injury claim. Your claim can get you compensation for every type of medical expense that you incurred.

  1. Pain and Suffering

In addition to the cost of medical bills, car accident survivors often have to deal with pain and suffering. By definition, pain and suffering is any type of mental or physical distress. For it to apply to your personal injury claim, that distress needs to be a result of the car accident.

The damages that you get for a pain and suffering claim depend on the severity of your injuries. The more painful and the more long-term the injury, the more likely that you will get a high value for the claim. For example, broken bones tend to come with a high value because the pain is intense.

There’s also the issue of mental anguish. After an accident, you may experience anxiety or stress. In some states, this can get you a higher value on your claim. Every state has different ways of considering pain and suffering. You need to talk to a lawyer to find out how your state handles car accident claims. Bruning Legal has a team ready to help. If you want more information, you can visit their website here.

  1. Lost Wages

After a car accident, you might not be able to work. Your injuries could keep you from working. Even if you can work, you might need to take off to see doctors and get treatment. All those missed hours add up. When you consider the cost of a car accident, you might find yourself in serious debt. However, there is hope. You can include a claim for lost wages. Keep track of any time that you missed from work. Any time that you missed from work is lost wages. You may be able to recoup those wages in your car accident personal injury claim. With some diligent record-keeping and a great lawyer, you may be able to get what you deserve.

Guide Editor Fri, 13 Oct 2017 11:01:39 -0400
5 Little-known Facts About Worker's Compensation Claims Workers’ compensation claims occur more than you might think. However, few people understand what they are and how they work. Understanding the claims could make all the difference in your work-related injury. Find out five little-known facts about workers’ compensation claims.

  1. It doesn’t matter who is at fault

In a car accident personal injury claim, your claim depends on the other person being responsible for the accident. But workers’ compensation claims are different. When you suffer from an injury at work, it doesn’t matter who is to blame. If your carelessness results in your injury. You could still receive compensation. The only issues that might exclude you from eligibility are intoxication, fraud, or an intentional injury. As long as none of those incidents occur, it’s likely that you have a legitimate claim.

While this is good news for you, there is a drawback to no-fault claims. If your employer was negligent and responsible for your injury, you don’t get more value to your claim. Your claim will be the same as if your employer was not negligent. There’s no hope of a larger payout, regardless of the circumstances.

  1. There are exceptions to workers’ compensation laws

For the most part, workers are protected by workers’ compensation laws. However, there are a few exceptions. Those exceptions vary on a state-by-state basis. Here are some of South Carolina’s exceptions to workers’ compensation claims. If you find yourself working under one of the following situations, you may not have a right to workers’ comp.

-Businesses with less than four employees

-Busineses with a payroll under $3000

-Agriculture workers


-Railroad company employees and railway express employees

-Temporary employees

-Officers of corporations

-Federal employees who work in the state

  1. Your employer can’t fire you for making a claim

Some employees hesitate to file a workers’ compensation claim because they fear losing their jobs. However, no employer can legally fire you for filing a workers’ compensation claim. If they do, their actions are illegal. You can take them to court and sue them. In addition to getting your workers’ compensation payout, you can also get money from the lawsuit. You should speak to a lawyer at for more information.

  1. Your medical costs include everything

Every medically-related item gets paid by your employer’s insurance company. You aren’t only reimbursed for doctors visits and medication. If you need any medical accessories, surgeries, or prosthetic devices, you receive compensation for them.

  1. Work-related illnesses also count towards workers’ compensation claims

Workers’ compensation claims don’t only pertain to work injuries. If you have an illness that can be attributed to your working conditions, you may be eligible for compensation. The claim works the same way that an injury claim works. You can receive payment for any medical bills that you incurred due to the illness. Likewise, you can also receive compensation for any time that you spend out of work due to the illness. To find out more about work-related illnesses and filing for workers’ compensation, you can speak to your lawyer. You may be eligible for more than you think.

Guide Editor Fri, 13 Oct 2017 11:00:33 -0400
Injured While Getting a Beauty Treatment? Get Legal Help for Compensation

A few years back, regular beauty treatments were only for those with extra cash to spare. Later, people started to have some types of beauty treatments for special occasions. Today, beauty treatments are accessible to anyone, anytime. Various methods to enhance beauty are available, from various types of beauty salons.

There are several benefits of getting a beauty treatment. It can lift your spirits. It can make you look fresher, healthier and younger. It can enhance your natural beauty or make any slight defects disappear. Even a simple thing such as tidying up your eyebrows can do wonders. A foot spa with manicure/pedicure is very pampering and relaxing. Other treatments involve more work and use various oils, lotions, masks, creams, and instruments like lasers and saturators.

Facials alone have different types: regular, anti-ageing, anti-acne, deep cleansing, hydrating, bio-lift and others. Special facial treatments are also available, such as microdermabrasion, chemical peeling, diamond, and gold or pearl facials, fruits, vitamins and minerals, collagen, oxygen, paraffin facials and more.

Beauty treatments are not only for the face or hair. They can be done on any part of your body. You might want to have a bikini wax because it's summer. You might want to get an instant tan, or remove hair on your arms and legs through waxing. You might want to remove premature wrinkles.

While there is no harm in getting a beauty treatment, especially if it will make you feel good about yourself, some aestheticians can make mistakes. While it is standard to ask a client if they have any allergies to some chemicals, creams, oils or lotions, there are beauty practitioners who fail to do so. If the client is having a beauty treatment for the first time, some type of beauty injury might occur. Injuries range from allergic reactions to burns, scarring, bleeding, cuts and chemical burns.

How to prepare to make a claim

You have a window of up to three years to make a claim against a salon, if you have been injured. But since physical evidence is very important, why wait? You should also prepare the following support documents:

  • Detailed information about the business or person responsible
  • Reports, appointment cards or receipts from the salon
  • Evidence of the injury you suffered (better if you have pictures)
  • Details/results of medical advice or treatment you had due to the injury
  • Evidence of the prior complaint you made against those at fault

Get in touch with a solicitor

You can make a compensation claim for any beauty injury that you sustain due to the application of harsh chemicals or incorrect use of an instrument. The range of compensation varies. Beauty injury claims are best handled by a solicitor who specialises in the field. You'll greatly benefit from their expertise and experience in handling claims related to beauty injuries.

Image via (ID-10038440 by Ambro)

Guide Editor Thu, 12 Oct 2017 10:26:02 -0400
Four Main Qualities to Look for in a Personal Injury Lawyer If you have suffered a personal injury and want to claim the compensation that you are entitled to, then it’s important to hire a good personal injury lawyer to fight your case and improve your chances of gaining the maximum amount of compensation possible. However, there are hundreds of personal injury lawyers out there to choose from, so it’s vital to make sure that you know exactly what you are looking for in the right one. If you are currently in the process of choosing a lawyer to fight your personal injury case, then here are the top qualities to look out for that every good personal injury lawyer should possess.

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#1. Specialisation

Although many good lawyers would be able to take on and perhaps even win a personal injury case, it’s always best to look out for a lawyer that specialises in this area of the law. This is because they will be used to fighting this type of case and know exactly what to do when it comes to winning the maximum amount of compensation on your behalf. Along with this, a lawyer that specialises in personal injury may also have extensive connections within the field of personal injury law that could be useful for your case.

#2. Caring Personality

Although many people don’t usually have lawyers down as being caring people, it’s an important quality for any lawyer who is going to be fighting on behalf of personal injury victims. In many cases, a personal injury could leave you in debilitating circumstances, for example, being unable to work and earn an income or living with a disability for some time afterwards or even permanently. Because of this, it’s important to find a lawyer who cares about your personal circumstances and is able to adapt their service to suit you, for example, by visiting you at home rather than requiring you to come to their office if this is more comfortable for you.

#3. Availability

When you are fighting a personal injury case, the last thing that you want is a lawyer who keeps disappearing or who you are unable to get in touch with for a lot of the time. Although most lawyers do take on multiple cases at a time and you can expect them to be unavailable sometimes, it’s important to ask them what you can expect from them in terms of availability and how much time they will be able to dedicate to your case.

#4. Transparency

Last, but not least, your personal injury lawyer should be completely transparent and honest when it comes to what you can expect from their service. For example, they should take the time to fully explain their fees to you, including any ‘no win, no fee’ basis or any additional fees that you may need to pay once your case has been closed. A good personal injury lawyer should also be more than willing to share details of their training and experience with you on request.

Which qualities would you require from a personal injury lawyer? We’d love to hear from you in the comments.

Guide Editor Sat, 07 Oct 2017 21:31:26 -0400
What are your Rights After an Oil Field Injury? Oilfield work pays well because of how physically demanding it is, the long hours demanded of those in the field, the isolation that often comes with these assignments, and the literal physical risks oil workers face. You should know your rights both in the field and off, especially after an oil field injury.

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You Have a Right to a Safe Workplace

While not all risks can be eliminated or prevented, it is required that employers make the worksite as safe as possible. This includes implementing fail-safes, having safety procedures to minimize risk during high-risk situations like equipment changeovers, providing free safety equipment and ensuring its proper use. Workers have the right to report unsafe conditions and unsafe employees to their employer and employers are legally required to have formal procedures in place to take these reports.

You Have a Right to Workers’ Compensation for Work-Related Injuries

If you are hurt on the job through no fault of your own, it is not your employer’s obligation to pay your medical bills, not you. Work-related injuries should be covered by workers’ compensation, not your bank account. Employers have just cause to ask questions and verify that you aren’t trying to seek worker’s compensation and healthcare at their expense for an injury that occurred away from work, and it is their right to make certain you aren’t holding them liable for injuries that occurred during horseplay or illegal activities. However, this often results in the employer coming up with excuses not to refer a case to worker’s compensation.

The solution for employees and contractors is to contact an oil field injury attorney to take their case. Only a legal expert who understands the energy sector, as well as worker's compensation, can prove that the chemical exposure is due to conditions in the field, not chemical exposure working in the garage or second-hand smoke.

You Are Eligible for Compensation Even If the Employer Doesn’t Have Worker’s Compensation

There are some states that allow employers to opt out of workers’ compensation; their legal requirements include telling workers this up front before they agree to go out in the field. However, this doesn’t mean you don’t have recourse if injured working for these companies. Instead of filing a worker’s compensation claim with these companies, you need to hire an attorney and seek damages for the personal injury.

You Are Eligible for Worker’s Compensation for Anything on the Worksite

Many people think that unless they were injured by an exploding oil well or breathed in toxic fumes during a fire, nothing that happens on the worksite is covered by worker’s compensation. However, that isn’t the case. If you’re in a vehicle accident driving around the worksite, assuming you were driving for work purposes instead of joyriding, workers’ compensation should cover your injuries. If you fall from a significant height or something falls on you, workers’ compensation should apply. If you pass out from heat stroke because they didn’t give you enough water or became sick from chemical exposure, you have a case.

While the oil field is dangerous, employers are required to have worksite procedures in place to minimize the risk and maintain as safe a worksite as possible. Know your rights as an oilfield worker and the proper course of action to take if you are a victim of an accident so you get the retribution you deserve.

Guide Editor Sat, 07 Oct 2017 21:30:04 -0400
Truck Accident Cases: Everything You Need to Know Semi-Trucks and 18-wheelers are massive vehicles and any collision with such heavy vehicles will almost always lead to severe injuries for the people involved, if not worse. Getting medical help to the injured parties is the priority, but once that has been taken care of, one must immediately start to think about how they can get the compensation they deserve in order to pay for the medical bills, repairs, and damages. In order for the victims of truck accidents to find justice, here are the most important points they need to consider as soon as possible.

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Act Fast

As soon as you get your medical priorities sorted out, contact your truck accident attorney without delay. The longer you wait before taking legal action, the weaker your case will become. Besides, in accordance with the Federal Motor Carrier Safety Administration regulations, even if the guilty truck driver was driving beyond the legal hours, he is not bound by law to produce the necessary hours of service records if the time period from the day of the accident has exceeded six-months. Your lawyer will prevent the destruction of such crucial evidence at the end of this period by simply serving a court order to the defending party.

Expect an ISO Search

ISO stands for Insurance Services Offices and you should expect that the defence lawyer will surely go through all your insurance records, which includes dates and other intimate details about all your policies and every claim that you have ever made. As the defence lawyer will try to use all this data to somehow undermine your position as a claimant, be sure to tell your trucking accident lawyer everything in advance. If it was documented, chances are that you won’t be able to hide it, so be honest about everything to your legal advisors so that they can prepare you to face any troublesome questions.

Expect to be Under Surveillance

The trucking company will probably put you under surveillance. Your attorney should advise you how to deal with surveillance and how you can avoid making any moves that might weaken your legal standpoint.

Your Case is Stronger than it may Look

According to the Department of Transportation, 30,000+ truck drivers are found each year with illegal drugs in their system and this number doesn’t even count the ones who drive after drinking too much during their duty hours. If you are a victim of a trucking accident, the chances are pretty high that the driver was either drunk or high on drugs and if that can be proven in the court of law, you have almost won the case.

Even if it wasn’t the fault of the truck driver, but a true accident which happened due to the malfunctioning of the vehicle, you have a high chance of winning the case because it is the responsibility of the trucking company to make sure that all vehicles they put out on the road are in optimum condition. Most of what you read here will likely be explained in more detail by your truck accident attorney, but it is only wise to know a few things in advance.

Guide Editor Sat, 07 Oct 2017 21:27:51 -0400
Personal Injury Law 102: Premises Liability Claims Slip and fall is also known as trip and fall and is a personal injury case in which a person slips or falls on someone else’s property. This claim is based on a person slipping and falling. These cases fall under the category of premises liability claims.

These accidents happen fairly often, they may happen at a friend’s house, shopping plaza, grocery store or at the workplace. In some cases the property owner is responsible for the injury but in some cases the property owner will not be held liable. These accidents can happen outdoors or indoors. Liability of the property owner depends on whether the owner took proper actions to correct the problem or at least warned them.

A property owner is always responsible for maintaining his or her property. If the injured person shows that the property owner knew about the problems but did not provide a safe environment, then the owner will be held liable. The injured person’s own conduct is also measures.

Comparative Negligence Theory: The rule of comparative personal injury law negligence is followed in slip and fall cases. This theory holds the view that if the injured party contributes to the accident, regardless of whose fault it is, it will be taken into consideration. For instance if the person is busy with his or her mobile phone and not pay attention to warning signs then the injured person will be held comparatively negligent. The jury will decide the percentage of negligence.

If you want to file a slip and fall case then you should consult a local personal injury legal professional to determine whether the property owner is legally responsible for your injuries or not. Contact your lawyer right after your injuries.

How to Prove Fault in Slip and Fall Cases:

In each case of slip and fall both sides are studied for negligence attribution. The plaintiff needs to prove that the cause of the accident is the unsafe site and the owner was aware of that unsafe condition. He and she should have corrected it or warn others about this unsafe environment. For the plaintiff to win the personal injury case he or she must prove that the accident was caused due to the negligence of the property’s owner.  

Workers Compensation for Slip and Fall Injuries at Job:

Workers compensation claims can be made for injuries while performing his or her duties at the workplace. One could never be disqualified from workers compensation benefits even if the they are somewhat guilty of negligence (providing it’s not fraud). You need to simply have been working in order to qualify for compensation. For example, if you slip and fall while at lunch or while traveling to or from work then you are improbable to achieve the benefits that you seek. The work related injuries are handled through your state’s workers compensation system. If a third party (e.g. company making a delivery) was responsible then you can claim that company. 

We would like to thank the following law firms for their contributions for this wonderful and insightful article: 

Cohen & Cohen Law Group, P.C. 104-70 Queens Blvd #312, Forest Hills, NY 11375 718-275-7779 

Ribowsky Law- Queens Personal Injury & Accident Lawyer 109-12 Jamaica Ave, Richmond Hill, NY 11418 (718) 659-5333

Shulman & Hill Personal Injury Law Brooklyn 26 Court Street 21st Floor Brooklyn, NY 11242 718-852-4701

The three aforementioned firms took our their time to thoroughly explain the different legal aspects that were required to write this publication.

Guide Editor Fri, 29 Sep 2017 09:47:00 -0400
Pursuing an Individual Lawsuit vs a Class Action for my Mesothelioma Case If you or a loved were recently diagnosed with mesothelioma, contact a mesothelioma lawyer immediately and consider your legal options for compensation.   Most cases of mesothelioma, an aggressive form of cancer caused by asbestos exposure, are the direct result of negligence by an employer.  Before federal regulations were established in the late 1970s restricting the use of asbestos, a mineral lauded for its fire-proofing and insulating capabilities, asbestos was commonly used in construction, manufacturing, and within the military.   Many employers were aware of the dangers of asbestos exposure long before the public, making them negligent in employees’ safety.

With the emergence of mesothelioma diagnoses, employees began to file lawsuits against the companies responsible.  In the 1960s, many turned to class action lawsuits, which are lawsuits filed by a group of people, represented by one member, against the defendant liable for similar injuries or damages.  A decade later, individual mesothelioma lawsuits gained popularity, as more success for compensation was realized with each case’s unique circumstances.  

Individual Mesothelioma Lawsuits Favored Based on Four Circumstances

Today, individual mesothelioma lawsuits remain the favored avenue of legal action by mesothelioma lawyers and their clients due to four circumstances:  source of exposure, number of exposures, time of diagnosis and settlement amounts.

Source of Exposure

With a class action lawsuit, the group filing the claim must share similar injuries and damages caused by similar exposures, for the lawsuit to even become class action.  Due to the multitude of occupations that were exposed to asbestos prior to the 1970s, all cases of mesothelioma cannot be neatly categorized into one common source of exposure.   In addition, some cases of mesothelioma are the result of second hand exposure from asbestos fibers remaining on clothing and hair of someone in the same household.   Therefore, it is more beneficial for the mesothelioma patient to file a lawsuit based on their individual case.

Number of Exposures

Many mesothelioma patients suffered multiple exposures while on the job.  With the prevalence of asbestos in various industries, an employee working in one location, but traveling to another would be exposed multiple times.  With a class action lawsuit, typically, only one type of exposure is addressed.  By filing an individual lawsuit, it is possible for multiple defendants to be liable for your exposures.  

Time of Diagnosis

Due to the long latency period, mesothelioma is diagnosed 20-50 years after exposure, mesothelioma patients do not have the luxury of time.  Often, symptoms of the disease do not appear until the later stages of the illness.  Therefore, time is of the essence when filing a lawsuit.  Mesothelioma patients do not have years to wait for a class action lawsuit to go through the court system.  Hiring a mesothelioma lawyer to focus on one individual’s case will expedite the process. 

Settlement Amounts

Generally, compensation won for class action suits are distributed evenly among all of the plaintiffs in the class.  With an individual mesothelioma lawsuit, your compensation is based on you and your individual situation, such as age, medical expenses, lost wages and emotional toll on you and your family.

Experienced mesothelioma lawyers are focused on helping you relieve some of the burden caused by an asbestos-related illness.  They have the resources and knowledge to fight for the compensation that you deserve in a reasonable amount of time.

Guide Editor Wed, 20 Sep 2017 08:33:18 -0400
4 Tricks to Spot a Good Criminal Lawyer

So, you are in a situation where you have gotten accused of a criminal issue. And, as a result you are dealing with a lot of different things in the situation as well. How do you know that you have a handle on the problem?

A good criminal lawyer is going to be your best bet when it comes to working out any sort of criminal case. Not only does it allow you to have a fuller understanding of what may be going on, but you will also have a lot less stress in regards to what you need to be able to accomplish.

How do you find a good criminal lawyer? Here are some tricks you can use to figure that sort of thing out.

  1. Look for a lawyer that has experience in the courtroom. Lawson Legal is a good example of a firm that has really put a lot of time and effort into finding lawyers that have experience in the courtroom, check their site for more details You don’t want to get a lawyer that doesn’t have that sort of experience, because they may not have the prowess to help you get what you need out of the case. Going with a firm like this also guarantees that, even if they are a newer lawyer, they have the team that they need to be able to help your case work out in a positive way.
  2. Make sure that you can tell if they are confident, rather than arrogant. One of the biggest issues that many lawyers deal with is arrogance. They think they can’t be beat. But, there are plenty of lawyers that have learned to get past that arrogance so that they can be as confident as possible when they go out into the courtroom and fight for you. Arrogance will cause problems; confidence wins cases.
  3. See if you can do some background research on them. You can learn a lot about lawyers when you look around on the web and check out their records. Many times, legal firms will actually put it all out there on their website so that you can read about them, see where their degrees are from, and even see what sort of experience that they have.
  4. Do they try to help you understand the legal terms you’re working with? Legal jargon can get incredibly confusing and, over time, it can seem overwhelming. You need to know the language to be able to be a good advocate for yourself during your case. If your lawyer understands that, and they work to help you understand exactly what it is that is going on with your case in layman’s terms, then you’re going to be much better off than getting into a situation where you are with a smart lawyer that just throws around jargon without any explanations. Find someone that gives you the balance necessary so that you can be an active part of your case, instead of just being along for the ride.
Guide Editor Thu, 14 Sep 2017 10:49:54 -0400
Boating Accidents and Personal Injury During the summer, there are few prospects more enticing than spending a relaxing day out on the water. As idyllic as a boating trip is, unfortunately accidents can happen. In 2015, the Coast Guard reported that there were 4,158 boating accidents in the United States, which resulted in 626 deaths, 2,613 injuries, and a total of $42 million dollars of damage to property. Some accidents are precisely that; simply being in the wrong place at the wrong time. However, some boating incidents are caused by negligence of individuals or organizations. In these cases, victims of a boating incident may be able to claim for compensation from those responsible.

Types of personal injury that can result from a boating accident

There are myriad injuries that may result from a boating accident. Some of the most common include:

Spinal cord injuries

The forces involved in a boating accident may cause occupants of the vessel to sustain spinal cord injuries. These can vary in severity, from temporary damage to paralysis. Victims with temporary spinal cord damage will require immediate treatment after the accident, and ongoing physiotherapy in order to resume their regular activities. Severe spinal cord injuries, which may involve paralysis, can be life-changing. Patients who become paralyzed will generally need to be in hospital for an extended period of time, while the spinal cord is stabilized, and intensive therapy (if appropriate) is given over the long term. A severe spinal cord injury can leave a victim completely incapacitated, unable to resume their career, and reliant upon the care of other people. The expenses involved in treatment compounds the extreme emotional trauma of being involved in an accident and sustaining a severe injury.

Broken bones, sprains, strains, and ligament damage

Boating accidents may also do damage to limbs; broken bones, sprains, strains, and ligament damage are commonly-reported injuries. Intensive physiotherapy and support may be required, which can be disruptive and expensive. Time off work will likely be required in the direct aftermath of an accident, but the severity of an injury may necessitate a longer period of absence.

Traumatic brain injury (TBI)

One of the most devastating potential consequences of involvement in a boating accident is a traumatic brain injury, or TBI. These occur as a result of extreme force, when the brain clashes with the inside of the skull. Mild TBIs, or concussions, may resolve relatively quickly, but can cause long-term issues such as dizziness, headaches, and difficulties with concentration. Severe cases of TBI may result in memory loss, irreparable brain damage, and permanent cognitive disability.

Liability and responsibility

Freak accidents can happen, particularly at sea. However, if you are the victim of a personal injury in relation to a boating accident and suspect that someone is at fault, you may be able to take legal action. If the boat operator was under the influence, excessively tired, distracted, or not properly trained, they are liable. Similarly, if a company or individual is responsible for a boat that is damaged or badly maintained, they hold accountability for your injuries.

Next steps

If you require legal advice regarding the aftermath of a boating accident, speak with an experienced lawyer. Those in the Nashville area are welcome to contact the Bill Easterly Law Firm.

Guide Editor Thu, 31 Aug 2017 05:58:55 -0400
3 Signs of a Great Personal Injury Attorney Your life can change instantly because of a careless, untrained, or drunk driver. You may survive an accident but with a permanent disability or another medical complication. The best move after such an accident is to file a personal injury lawsuit. However, the outcome of the process depends on the personal injury attorney that you hire. If you make the wrong choice, you will spend money on the case and fail to get any settlement. How can you tell that you have found the right attorney? Here are the signs to look for in the personal injury attorney.

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1. Vast Experience

The first consideration when hiring a personal injury is his or her level of experience in the courtroom. The attorney should have represented many clients and won cases relating to personal injury. Ask for the lawyer’s portfolio and consider the outcome of the cases. If an attorney has vast experience in this field, he or she can advise you appropriately when filing the case. This does not mean that you will automatically get a settlement in full. However, you are assured of the best outcome when working with an experienced West Palm Beach injury attorney. Consider the attorney’s qualifications and certifications as well. Sometimes, lawyers may falsely claim to have extensive experience, but you can judge their level of experience with their responses to your questions.

2. Willingness to Share Relevant Information

Filing any lawsuit involves extensive investigations and documentation. For personal injuries, lawyers must collect and evaluate all medical records and police reports on the case. The details therein will help them file a strong case in court. A good attorney should be willing to answer any questions about the case and share the gathered information with you. With such an attorney, you can focus on recovering from the injury and adjusting your lifestyle while he or she handles the case. A good lawyer should educate you throughout the processes and allow you to make the final decision based on the details at hand. He or she should not make all the decisions for you and expect you to agree with the decisions.

3. Care for your Personal Needs

Unlike other lawsuits, a personal injury lawsuit is associated with stress and sometimes trauma. A good lawyer will look beyond the paycheck and consider your personal needs. The best time for the lawyer to file a case is when you have reached your maximum medical improvement level. However, the lawyer can opt for an earlier time if you are struggling to pay your medical bills. The lawyer should understand the impact of the injury on your life and articulate the same clearly in court. In addition, the lawyer should be willing to put in extra hours to ensure that your needs are met.


A personal injury often comes with emotional stress, especially when the injury has lifelong consequences. The stress may affect your ability to make a sound decision when choosing an attorney. Ask for help or a second opinion from your family or close friends when comparing different attorneys. You are safer with an attorney will extensive experience in personal injury lawsuits.

Guide Editor Wed, 30 Aug 2017 08:24:14 -0400
How can you get compensation for a slip and fall lawsuit? One of the most common types of workplace injuries is a slip and fall accident. But the workplace isn’t the only place that this type of accident can happen. It can also occur on someone else’s property. No matter where the accident happens, one thing remains true. You may be eligible for compensation. However, that requires the experience of a personal injury lawyer.

Proving compensation is necessary

In order to get compensation for a slip and fall accident, a lawyer needs to prove three main facts. First, they need to show that one party is liable for the accident. Then, they need to show that the liable party was either negligent, or played a part in the accident. Finally, they need to show that you did not contribute to the accident.

  1. Show liability

The first part is easy enough to prove. If the accident happened at work or on private property, someone else is liable. Either your employer or the property owner may be responsible. As long as they have legal responsibility for the property, they are liable. However, it’s also important to consider their insurance. For example, some homeowners have insurance that takes away their liability for slip and fall accidents.

  1. Proving negligence or contribution

Negligence occurs when one party ignores the safety of another party and acts in an unreasonable manner. For example, an employer may have workers working in unsafe conditions. This leaves them vulnerable to injury. Although the employer may not have actively been involved in an accident, their negligence indirectly caused it. If a reasonable person would look at the working conditions and see them as unsafe, the employer is negligent.

Consider a leaking ceiling. The ceiling could make puddles of water on the floor, and employees could slip in those puddles. However, the employer may be aware of the leak and refuse to fix it. A reasonable person would fix it to prevent injury. If you slip in a puddle, it is due to the negligence of your employer.

Contributing to the accident is similar. If a lawyer can prove that an individual contributed to your accident, you may be entitled to compensation.

  1. Proving that you did not contribute

This point is easy to prove if you followed all the rules. If you were at work, a lawyer can show that you followed all of the protocols and safety standards. This is especially easy to do if you have a good track record of sticking to safety measures.

Being distracted at the time of the accident or not following protocol can jeopardize your case. However, you need lawyers with experience, like MKH slip and fall injury lawyers, to look at your case.

Once you have lawyers review your case, they can tell you the likely outcome. Experienced lawyers know what it takes to win cases. They won’t let you take your case to court if you have no chance of winning. Speak to an attorney and find out what your chances are. They may be able to help you get compensation.

Guide Editor Tue, 22 Aug 2017 08:33:08 -0400
What you need to know after a mesothelioma diagnosis If you or a loved one has been diagnosed with mesothelioma, you’re probably feeling overwhelmed by both the diagnosis and the amount of information the internet has to offer. There are a few basic things you should understand about mesothelioma and asbestos exposure, to begin to comprehend the diagnosis and where to go from here.

Mesothelioma is caused by exposure to asbestos, which was used in the construction of many buildings in the U.S. Asbestos was mostly banned in the U.S. in 1989, although it still remains in the walls of many buildings, as it is not dangerous unless it is disturbed. Asbestos causes problems when individuals either inhale or ingest it. The body cannot process asbestos fibers, which then become “stuck” in the lining of the body organs, most often the lungs. The fibers then lead to irritation and, in many cases, to malignant mesothelioma — an aggressive cancer. If ingested instead of inhaled, mesothelioma may be present in the abdominal cavity in addition to or instead of the lungs.

Typically, mesothelioma is not diagnosed until years or decades after asbestos exposure. Most people with a current mesothelioma diagnosis were exposed long before the dangers of asbestos were known. Because asbestos exposure must be continual and long-term to lead to mesothelioma, most people diagnosed with the disease were exposed to asbestos in their workplace, over the course of many years. Symptoms of malignant mesothelioma or other asbestos diseases do not begin to appear until approximately 15 years after exposure, though symptoms may sometimes remain unnoticed for decades longer. Asbestos was especially common in shipyards, steel mills, and factories (such as those associated with automobile manufacturers).

As with many other forms of cancer, mesothelioma can be treated with surgery, radiation therapy, or chemotherapy. Treatment plans depend greatly on the individual’s overall health, as well as on the progression of the mesothelioma. There are also supportive and palliative treatment options to relieve the symptoms and pain of mesothelioma.

These treatments, as well as the associated hospital or doctor’s office stays, can be costly. Because mesothelioma is often diagnosed when an individual is older, many couples or individuals have already retired from work and are on a fixed income, making it incredibly difficult to afford the treatments. If this describes you or your family, you have options. You may be owed financial compensation from the company that is at fault for the asbestos exposure of you or your loved one.

Although you and your family would likely prefer to focus your energy on your loved one during this time, pursuing financial compensation can allow for the best possible medical care during the entirety of you or your loved one’s illness. The compensation can help pay for visits to specialists, as well as participation in less common treatment types and the use of palliative treatments or therapies.

Although diagnoses and treatment plans vary widely from one person to the next, you and your family are not alone. Visit for more cancer information, and to begin to learn your options and rights during the treatment process.

Guide Editor Tue, 22 Aug 2017 08:31:42 -0400
What is My Personal Injury Lawyer Really Doing? When you experience an injury at the fault of someone else or as a result of their negligence you may be left with more questions than answers. It is helpful to hire a personal injury lawyer as early as possible so they can help to establish you on the right path towards recovery and financial stability. But what happens once your personal injury starts to go to work on your behalf? What exactly have you hired them to do? Here’s a deeper look at what your personal injury lawyer is really doing to help you win your case.

Fact Finding

There are many aspects to every personal injury case, and your lawyer needs to be made aware of all angles. You as the victim may not have all pertinent information and in order to solidify your case your lawyer needs to know all of the nitty gritty details. Part of their job is asking the right questions to everyone involved.

Do What the Client Wants

Once you retain a lawyer, they are your lawyer. They are there to fight for you and will follow your wishes while providing you with guidance. If you want to sue someone, they will file suit on your behalf. If you want to organize mediation and settle outside of court, your lawyer will initiate the process. It’s important to have open communication with your personal injury lawyer so they can adequately represent your wishes.

Handle Negotiations

The value of your settlement is greatly influenced by the power behind your negotiations. Having a professional to negotiate on your behalf removes the emotional party from the equation. Emotions can cause your judgement to be clouded and can negatively impact the amount you are awarded. Especially if an insurance company is involved in negotiations having your personal injury lawyer handle negotiations on your behalf is the best way to ensure you receive a fair settlement.

Argue for You in Court

Although many negotiations can occur out of court, sometimes appearing in court is necessary in order to settle your claim. Having a trained and competent personal injury lawyer argue for you in court ensures that you do not have to navigate the court system by yourself. It takes years to master the forms, the process and procedures involved in a court and one wrong misstep can set you back or even ruin your case completely. And depending on the circumstances of your case, you could be up against a criminal defence, you will definitely want a skilled lawyer on your side.

The benefits of hiring a personal injury lawyer are very evident. Knowing that your lawyer is doing everything in their power to fight for you and your settlement should be a comfort in your time of need.

Guide Editor Thu, 27 Jul 2017 22:32:26 -0400