What is personal injury, exactly?

Posted by on Aug 13, 2017 in Personal Injury | 0 comments

In a perfect world, people are completely responsible for their actions and behaviors. But in the unfortunate reality, people often cause harm to others due to their own negligence and irresponsibility. When a person incurs injuries due to the fault of another, the injured has the potential to pursue a personal injuries case. It is often difficult to sum up the lasting effects of an injury on a person. They can include the actual physical problems associated with the injury, the medical bills, and medications. But they can also include mental injury, fears, stresses, and other damages. In summation, victims of personal injury cases can be liable for compensation of both their economic and noneconomic damages.

If your injury is caused by another’s negligence, irresponsibility, or fault, you can reach out to personal injury attorneys get all of the compensation you deserve. Personal injury can include auto accidents, where another driver’s negligence or irresponsibility caused you harm. They can also include intentional acts, where a person was trying to cause harm, as in the case of assault. Even defective products that cause injury can make the defendant responsible for damages. Lastly, statements considered defamation and cause harm to the image or reputation of another, can be grounds for a personal injury case.

Attorneys who help people who have been injured by another party can help those people gain many thousands of dollars in settlement rewards. Some personal injury attorneys can even get settlements in the multi million dollar ranges. It all depends on how good your attorney is and how much they care about their clients.

Many scenarios create the possibility of compensation. Auto or motorcycle accidents, medical malpractices, and construction accidents are just a few examples of personal injury scenarios a personal injuries attorney can take on. Because of the variability of personal injury cases, most states rely on previous court cases instead of statutes in determining the outcome of such cases. This is referred to as “common law,” meaning the decisions of judges over time set the precedent for most personal injury cases. Higher order courts, therefore, set precedents for lower courts on how such cases should be handled. However, the plaintiff must abide by the statute of limitations, which declares the time limit for which a plaintiff, the victim, is able to file a lawsuit. Statutes of limitations defer depending on the type of case and the location. Therefore, it becomes important to make your case known to an attorney before too long after the incident, otherwise, your case might be null.

While some personal injury cases might move on to become full lawsuits, many actually end with an informal settlement. This resolves the dispute in the form of negotiation, where one side usually agrees to pay for damages along with the understanding that further charges won’t be pressed.

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Why many Shareholders Prefer the C Corp Status over the S Corp Status

Posted by on May 29, 2017 in Business Law | 0 comments

A Corporation is a type or business entity wherein a group of shareholders assumes an existence that is independent of the individual shareholders, making this group’s powers and liabilities, therefore, distinct from those of its members.

A corporation limits the liability of shareholders; thus, even if is held liable for damages in a civil suit, the most shareholders can lose would be their investment in the stock. Personal properties and assets of shareholder are not on the line for corporate liabilities.

All corporations, as stipulated in subchapter “C” of the U.S. tax code, are C corporations unless their owners file for S status (this happens when all shareholders make a timely filing of Form 2553 with the IRS after they agree in writing to the S corporation election). Taking no action, however, will mean that a corporation is a C corp.

C corp and S corp are types of corporate business entities. Their difference is based on payment of taxes and ownership. With regard to ownership, S corporations cannot have more than 100 shareholders, all of whom must be U.S. citizens or residents. C corporations, on the other hand, can have an unlimited number of shareholders who may also be non-U.S. citizens or residents.

On the issue of taxation, S corporations are pass-through tax entities, thus, no tax is paid at the corporate level. All corporate profits and losses are reported on the tax return of shareholders. Under the C corp status, however, because corporate profits are taxed at the corporate level, there will be the disadvantage of double taxation. This is because the amount of tax paid by a C corporation is based on the amount of its corporate income; this same income, which is distributed to shareholders as dividends, is also the basis of the amount of personal income tax that shareholders should pay.

However, though the pass-through taxation enjoyed under the S corp status means huge savings for shareholders, many corporations choose the C corp status instead due to the absence of restrictions, such as having multiple classes of stock.

An article posted in www.rrs-law.com states, “establishing a new company is an exciting move, however all decisions can have a substantial impact on the future of the business. From a legal standpoint, there are a range of different choices that must be made which can profoundly influence the course of a company’s development and progress. Advice from a qualified legal professional can prove invaluable, especially for entrepreneurs.”

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Industrial Explosion Accidents

Posted by on Feb 18, 2017 in Industrial Explosion Accidents | 0 comments

In April of 2013, a warehouse where around 40 to 60 tons of ammonium nitrate was stored exploded immediately after it caught fire. The explosion, which registered a 2.1 magnitude on seismographs, took the lives of 14 individuals and leveled a whole neighborhood.

An explosion releases scorching heat and the balls of flame; its thick, black smoke can suffocate and kill, and the ear-piercing loud noise it produces and powerful shock waves can knock down doors and walls, and smash glass doors and glass windows. The injuries it can cause include severe burns, fractured bones, lacerations, lung injury, loss of limb/s, traumatic brain injury (TBI), trauma or shock, or death. Explosions are extremely damaging and damages can even be much more severe , with more lives placed in danger if it occurs in oil rigs, manufacturing facilities or industrial factories.

Ammonium nitrate is one type of substance that is very much prone to explode if handled incorrectly. Despite the regulatory oversight the U.S. Occupational Safety and Health Administration (OSHA) and the U.S. Environmental Protection Agency (EPA) has over fertilizer warehouses, many of these warehouses, which do not have a sprinkler system, continue to store ammonium nitrate in wooden bins. This poor storage system, the huge gap between federal and state regulations on the rules on how to prevent explosions, the lack of clarity in OSHA’s standards on the operation of ammonium nitrate storage facilities as well as the laxity in the enforcement of whatever standards have been set, and volunteer firefighters’ lack of preparation for fires at chemical facilities, should have made authorities see that any of these warehouses could soon be consumed by a deadly fire and explosion.

However, since many of these fertilizer plants and warehouses in rural America have been in existence for decades, they often get overlooked by government authorities, making the storing of large amounts of a potentially combustible substance a continuing threat to the lives of workers and nearby residents. Despite its threats, government regulation for fertilizer-storage facilities, compared to power plants, refineries and other larger polluters, remain to be lax.

According to Williams Kherkher, despite being relatively rare, industrial explosions are very dangerous occupational hazards faced by workers. Besides the serious physical injuries these can cause, these also leave majority of victims struggling with substantial medical bills that they may not be able to pay. Due to this, it becomes necessary for victims to pursue legal action – to file a civil lawsuit against the liable parties or firm for the compensation that they and their families will definitely need for their future.

Often, in industrial explosions, the liable party, as explained by Milwaukee personal injury attorneys, are employers, whose act of negligence often results to poorly designed plants and/or warehouses that lack safeguards against potentially dangerous accidents and acts of nature. These safeguards include a sprinkler system and proper ventilation within the warehouse. Workers injured in a warehouse fire may see the necessity of contacting a personal injury lawyer immediately in order to learn more about their legal options.

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Different Ways of Driving Recklessly

Posted by on Feb 17, 2017 in Car Accidents | 0 comments

Reckless driving is a major traffic violation in the United States. The National Highway Traffic Safety Administration (NHTSA) and traffic authorities consider reckless driving as a totally irresponsible behavior since this is more than just a mistake or a negligent act; what it is, is actually a driver’s willful and active disregard for his/her own safety, but more so, for the safety of all others.

This traffic violation can be committed through any of the following ways:

  • Driving at reckless speed, which may mean driving 20 mph above the speed limit or driving over 80 mph.
  • Driving too fast for traffic conditions. One example of this is driving at the allowed maximum speed, but on a stretch of road covered in snow.
  • Driving on a any public road in such a way that can endanger another person’s “life, limb, or property.” This rule is a catch-all for all types of unsafe driving practices, like driving the wrong way on a one-way street, parking on a highway, or driving while asleep.
  • Having too many passengers. Drivers, who carry more passengers than the number of available seat belts or who allow more than one passenger in the front seat so that their ability to drive properly is compromised, could be charged with reckless driving.
  • Intersections and Crossings. Drivers passing or overtaking another vehicle at a railroad crossing or at an intersection, especially if there are pedestrians crossing or about to cross, are guilty of reckless driving.
  • Passing a School bus. Drivers who fail to stop while a school bus is taking on or discharging passengers or who fail to remain stopped until the bus has started to move again, are guilty of reckless driving. Exception to this rule includes situations wherein the school is on a section of the road that is separated from the lane of travel by an unpaved area or a physical barrier, or if the bus is immediately adjacent to a school and the driver has been directed to pass it.
  • Tailgating, distracted driving, failure to yield right of way, failure to use turn signals, drunk driving, and, running stop signs / red lights.

Though many drivers are diligent about operating their vehicles safely, others choose to drive without regard for others, and unfortunately when this happens, innocent drivers and passengers are at risk of sustaining debilitating injuries in what should have been completely preventable accidents. Along this same line of thought, Racine car accident attorneys of Habush Habush & Rottier S.C. ® say that, besides serious injuries, car crash victims are also at risk of death.

Car accident injuries can profoundly impact a person’s life and can include costly medical treatment, lengthy rehabilitation periods, lost income, and short- or long-term disabilities. This is why, in cases where accidents are caused by the negligence or recklessness of another party, it may be possible for the victims to secure financial compensation to help mitigate some of these damages they are made to suffer.

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How to Avoid Reckless Driving Accidents

Posted by on Feb 16, 2017 in Auto Accidents, Car Accidents | 0 comments

Car accidents can be caused by driver errors, mechanical malfunctions, and dangerous road conditions. But the most inexcusable cause of car accidents is driver recklessness. It is inexcusable because it can easily be avoided. By driving diligently, you are already reducing the risk of crashing significantly.

But what if the other motorists around you are the ones being reckless? According to the website of the Milwaukee car accidents lawyers at Habush Habush & Rottier S.C. ®, there are legal options you can pursue if you have been hurt by a reckless driver.

Be aware of your surroundings
To avoid reckless driving accidents, you should be conscious of your surroundings, particularly of vehicles that do reckless behaviors such as speeding, tailgating, weaving, and suddenly stopping. The key is to keep your distance from these vehicles by driving a little slower, or better, by changing lanes so you can be far away from them as possible.

Keep a safe distance
You will never know when diligent drivers will suddenly do careless and negligent behaviors. For this reason, you should keep a considerable distance not just between you and reckless drivers, but also between you and diligent drivers.

Follow traffic rules
Traffic rules are there to ensure that everybody on the road is safe. To avoid accidents, don’t push your luck on breaking the rules. Diligently follow traffic lights and road signs. Stay in your lane. Use your signals when doing turning maneuvers. And most of all, avoid reckless behaviors yourself.

Avoid distractions
Distracted driving is a form of reckless driving, as being distracted can put your hands off the steering wheel, your eyes off the road, and your attention off the act of driving. The most common distractions include mobile devices, food and drinks, and passengers who engage in small talk. By being distracted, you are limiting your control of your vehicle and your reaction time.

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Distracted Driving, Particularly Cell Phone Use is Top Cause of Fatal Car Accidents in Many States

Posted by on Feb 16, 2017 in Car Accidents | 0 comments

Distracted driving is one of the most dangerous forms of driver error which, according to the law firm Wilson & McQueen, PLLC, consistently causes accidents that result in the injury of innocent residents. Distracted driving happens when a driver’s attention is taken away from the primary task of driving, making him/her fail to operate his/her vehicle properly and so commit traffic infractions that result in an accident. Driver error is often unintentional, but it can be extremely damaging when it occurs.

A driver can be distracted in many different ways. Some of the most common forms of distraction while behind the wheel include eating and/or drinking, adjusting the radio, smoking, applying make-up, grooming, conversing with a passenger, driving while angry or while lost in thoughts, looking at a road map, adjusting GPS coordinates, and texting or using a hand-held phone, which is now the most dangerous form of distracted driving.

The expansion of smartphone functions and wider use of social media platforms, however, have only worsened cell phone use as these have only introduced new forms of distractions which also lead to more harmful results. Besides texting and conversing, new smartphone functions now allow drivers to send emails, take photos, shoot videos, conduct video chats, and use Twitter, Instagram, Facebook, YouTube or Snapchat.

In some states, distracted driving, particularly cell phone use, has been the top cause of fatal car crashes. These crashes, according to Houston car accident lawyers at Williams Kherkher, are terrifying and often overwhelming ordeals which, in many instances, leave victims with extensive medical bills and other expenses, lost wages from work, long-term disability, and major lifestyle and family-life changes.

In 2013, distraction-related crashes took the lives of 3,154 individuals and injured 424,000 others. In 2014, data from distraction.gov, the Official U.S. Government website for distracted driving, show increases in both counts: 3,179 people were killed, and 431,000 were injured in crashes that involved distracted drivers.

With regard to car accidents, all personal injury lawyers have the same conviction: victims should pursue legal action against the party responsible for their losses, while at-fault drivers should be legally required to compensate their victim.

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Rather than Resorting to that Search-and-Destroy Method that do not Guarantee a Leak Location, Call an Expert Who can Locate and Fix the Leak Fast, Easy and Clean

Posted by on Oct 6, 2016 in Water Leaks | 0 comments

In residential areas and water utilities, leaks from plumbing fixtures, pipes and fittings are a major source of water waste. Studies have shown that a regular residential unit loses 2,000 to 20,000 gallons of water every year. But while leaks from water heaters and faucets are plainly obvious, many other sources of leaks are undetected (and can go undetected for months or even years) simply because the leak cannot be seen, such as in the case of a cracked water supply line or a broken toilet flapper valve; these cause water to continue getting wasted without detection, except through surprisingly high water bills.

Water leak is a serious matter as this can eventually lead to the development of mold which, in turn, can cause immense damage to a residential structure. Thus, to help ensure that leaks can be avoided, it would help to know its common causes or sources. These include:

  • Corrosion in the plumbing fixture;
  • Rust, which is common in older galvanized steel pipes;
  • Cracks in newer plumbing fixtures, which may be rare, but possible;
  • Leaky pipe joints;
  • Too much pressure in the pipes;
  • A leaky pipe;
  • Toilet; and,
  • Faucets

There are usually four types of faucets used in residential homes: ceramic discs, cartridge types, ball types (also called “delta), and compression valves. Though each type has a unique method of repair, repair is usually simple and easy. A dripping faucet should be repaired immediately, though, not just because it can be annoying (especially during the dead silence of the night), but also because it can really result to lots of clean water wasted.

Besides faucets, another most common source of leaks is the toilet. Toilet leaks often go unnoticed because these are usually silent and hidden or out of view. As explained by Fort Worth residential leak detection experts with American Leak Detection, however, a water bill that suddenly skyrockets can only be explained by an undetected leak, which can easily be electronically located by a trained technician. Thus, rather than resorting to the traditional search-and-destroy method, where you tear up your property to search for that annoying leak, you can instead call in an expert who will find and repair the leak with minimal disruption to your property and which will also save you time and money.

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Drunk Driving Accidents

Posted by on Oct 5, 2016 in Auto Accidents | 0 comments

Thousands of people are killed each year due to a drunk driver, and many more are severely injured. According to the website of the Law Offices of Yvonne M. Fraser, falling victim to an accident caused by a drunk driver can leave you with serious injuries or the loss of a loved one. While convicted drunk drivers face fines and jail time, they are often found liable for the injury or death of those involved in the accident as well. If you or a loved one have been injured or killed by a drunk driver, you may deserve compensation for your losses.

Such losses are incurred by things such as medical bills and lost wages, which are needed during the recovery period.

Types of Drunk Driving Accidents

In California, there are two major types of drunk driving accidents in which a party may be found liable, but victims have a limited amount of time to file a claim. Liable parties may be found in the following two cases:

  • DUI/DWI
  • Dram Shop

Proceeding with a civil lawsuit against a drunk driver in addition to the criminal charges they are already likely facing, or a wrongful death lawsuit in the case that a loved one was killed due to a drunk driver can help you recover from the catastrophic consequences of being the victim of a drunk driving accident.

The Dangers of Drinking and Driving

Drinking and driving is illegal for good reason. Many believe that quick fixes such as taking a cold shower or consuming caffeine will eliminate the effects of alcohol, but this is simply untrue. Drinking causes the following problems that prevent safe driving:

  • Slowed reaction times
  • Vision impairment
  • Decreased rational decision making
  • Lack of hand-eye-foot coordination

The above circumstances caused by alcohol consumption make driving unsafe, and significantly increase the risk of an accident.

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Car Accidents in Street Racing

Posted by on Jun 21, 2016 in Auto Accidents, Personal Injury | 0 comments

Humans have been racing everything and everyone ever since we became capable to walk, whether it is dogs, horses, or automobiles; people love to race. It is not surprising that automobile racing has become the worlds largest motor sport with its loud engines, fast speeds, and adrenaline pumping maneuvers. However, due to the accessibility of cars, many young adults and teenagers have taken racing to the streets. These races are not your “Fast and Furious” style racing, where they seem to expertly close down intersections for their races and execute precise technical passes with Vin Diesel swagger. These races take place on regular neighborhood roads, interstates, and just about every where a police officer is not parked, and are driven by kids who just got their licenses or by people with a substantial driving record. I would know, I used to be both.

Street racing is wildly dangerous even for professional drivers, there is simply no way predict what might happen next on a public road. Recently in Boston, a car drag racing on a small road jumped the curb and hit a pedestrian and proceeded to run from the scene. Police have been unable to catch the driver who escaped in another vehicle. A Boston car accident lawyer would regard this case as a reckless driving accident due to its speeding, and the drivers failure to yield and could face jail time. Similarly in Rhode Island, seven young adults with a median age of 21 were charged with reckless driving in association with road racing that resulted in a death of one of the passengers that were racing. A Rhode Island car accident lawyer would be well aware that these types of fatal accidents happen all the time, and it is a wonder that it doesn’t happen more often with the frequency of street racing. The latter racers are facing serious charges. So for safety of everybody on the road, please keep it on the track.

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Vehicle Recalls, They Happen All the Time.

Posted by on Jun 20, 2016 in Auto Accidents, Personal Injury | 0 comments

 

When spending money to buy any product, it is well expected that the product be both functional to its duty and be safe. Unfortunately, that is not the case for a lot of products that we see on the market today. From statistics recently released by a independent study, over the past 30 years Volkswagen, a world dominating manufacturer, has had a recall rate of approximately 1.06. This implies that of the 9.7 million cars that they have sold since 1980, 10.2 million vehicles have been recalled at some point. Even world leading auto manufacturers create and build unsafe products all the time, despite the auto industry being one of the most heavily regulated and restricted industries in the world today. According to Massachusetts personal injury attorney’s, a defective vehicle will undoubtedly increase the likelihood of fatal crashes, create unnecessary financial burdens, and often times lead to long personal injury lawsuits.

It is very likely that you will spend some time in or at least interact with a motor vehicle everyday, and many of those vehicles have been subject to one or many recalls. Furthermore, most car owners never even realize their vehicle may have been recalled. Currently, the established procedure for notifying car owners of a defect by NHTSA regulation is via first class mail. With today’s advancing technological culture, first class mail is a rather dated delivery method especially for a notice as important as an unsafe product. Houston based law firm Williams Kherker, classifies automobile defects as a product liability case and recommends immediate action if harm is presented. Product liability cases falls under civil tort law and and both compensatory and punitive damages can be rewarded for vehicle defects. In major recalls from manufacturers such as the recent Volkswagen diesel scandal, it is very likely for a consumer to receive some form of compensation for the harm inflicted by a defected product. Car buyers need to stay informed on whether their vehicle has been recalled to prevent the dangers of a unsafe product.

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