I've got an OBJECTION!

How is a Birth Injury Also a Personal Injury?

Posted by on Jan 5, 2016 in Personal Injury | 0 comments

Sometimes, births are simply fated to be complicated. It cannot be helped. In these cases, it is the rare combination of genes that makes these anomalies possible. And yet, these are rare for a reason as, naturally, humans have evolved to a surviving point that child birth is no longer a strictly fatal situation to be in. The rarity of this being a natural phenomenon is not, however, the issue here—it is how common it is for such birth injuries to have been caused by negligence.

If a child has been born with a birth injury due to the negligence of a practicing medical professional, this can call for legal action. For example, if the physician in question outright ignored signs of a potential problem with the birth or vehemently refused to heed second opinions, and this caused for either the mother or the child to suffer disastrous consequences, then that can possibly constitute as a birth injury.

How is it also a personal injury, though? A child, no matter how old, is still a person and like any other person—they can still be hurt enough to the point of disability or even death. Personal injury is the legal jargon assigned to the situation regarding injuries suffered by persons who have been victims of an accident that was made possible due to the negligent actions of someone else. The injury need not only be physical in nature but emotional and mental traumas are also two factors that are taken into account during legal procedures such as this.

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Hazard Communication Standard of 1986

Posted by on Sep 15, 2015 in Employment Law, Health | 0 comments

The Centers for Disease Control and Prevention (CDC) says that there are at least 13 million workers in the US whose jobs cause them to be exposed regularly to hazardous chemicals, like Acetone, Acetonitrile, Ammonia, Asbestos, Benzene, Chloroform, Dichloromethane, Ethyl Acetate, Formaldehyde, Hexane, Lead, Methanol, Tetrasodium Pyrophosphate, Titanium Dioxide, and so forth.

Any kind of hazardous agent can cause occupational disorders and diseases, including systemic toxicity, or systemic effects, and occupational skin diseases (OSD), which are actually the second most common types of work-related diseases. While systemic toxicity damages internal organs once the fumes of toxic substances are inhaled, the development of occupational skin diseases occurs when the skin comes in contact with hazardous chemicals. There are several different forms of occupational skin diseases, including irritant and allergic contact dermatitis, skin infections, and skin cancers.

Some of the most common types of workers, who are often exposed to potentially harmful substances, include those in the following industries: construction, agriculture, mechanics, printing/lithography, painting, cleaning, cosmetology, health care and food service.

Employers all the across the US have the responsibility of assuring their employees of a safe and healthy working environment. This responsibility, which is mandated by the Occupational Safety and Health Act (OSH Act) which the United States Congress passed into law in 1970, is enforced by the Occupational Safety and Health Administration (OSHA) which, in turn, was created by OSH Act in 1971. Part of OSHA’s endeavor in maintaining health and safety in all workplaces, but more so in sites where workers are exposed to chemical hazards, it enacted the Hazard Communication Standard (HCS), which took effect in 1986.

The HCS, also called the Worker Right-to-Know Legislation or the Right-to-Know law, gives workers the right to know everything about the chemical hazards they are exposed to and how they can protect themselves from these. To fulfill these, employers are mandated to train their workers on the proper handling and storing of chemical substances, and to provide their workers with the gears that will protect them from any form of harm. Importers and manufacturers are also required to attach warning labels and Material Safety Data Sheets (MSDS) on all of their hazardous products; other than the words ‘poisonous,’ and ‘hazardous,’ product labels must also include information on the product’s potential health effects, emergency first aid instructions, precautions for use, safe storage suggestions, and contact numbers where further information about the products may be obtained.

Many kinds of diseases and disorders caused by toxic substances take time before they manifest their symptoms and, when these do, the illness is usually already in a stage that would require more costly treatment. According to the website of the Williams Kherkher Law Firm, the long-term effects of toxic substance exposure can be seen as a catastrophic injury. It requires much long recovery times, besides the expensive treatments and medication, which are still worsened by the victim’s inability to work as energetically as he/she did prior to the development of the illness.

Quality life and, maybe, a longer lifetime too have been snatched away from millions of workers in the past due to injuries resulting from toxic substances exposure in the workplace. Many of these injuries and early deaths could easily have been prevented, had it not been for some people’s acts of negligence or greed, which made them choose profit over workers’ lives. Some illnesses may never find recovery and deaths will surely never be reversed; however, this does not mean that the victims or their families will no longer be able to seek justice through compensation for all their great losses.

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What Happens when Accidents are caused by Car Defects?

Posted by on May 6, 2015 in Car Accidents | 0 comments

Car manufacturers are known for continuously pushing the limits in order to achieve innovative feats and improve their vehicles. These days, cars are created in many different state-of-the-art models and designs, ensuring that the experience of driving is safer and more convenient than ever before. Unfortunately, there are occasions when these new technologies malfunction or are defective. In these instances, the innovations that were meant to benefit drivers become a liability that could cause serious harm and injury.

According to the National Highway Traffic Safety Administration (NHTSA), car accidents are typically caused by alcohol impaired driving, speeding, and other reckless driving behavior. However, there are times when car accidents are caused by forces outside of any driver’s control. Such is the case with accidents caused by defective or malfunctioning car part. There have been plenty of occasions when car manufacturers miss a step and inadvertently allow a defective vehicle to be sold to the public. In turn, drivers and car owners are left unaware of the potential danger caused by defects that have been missed by the manufacturer. Toyota, Nissan, and Honda recently issued a huge global recall for over 31 million vehicles that had faulty airbags that have been found to erupt quite easily and spray shrapnel inside the car. Another example is the recall issued by Suzuki for 2 million cars over issues with the ignition switch. Aside from these two examples, plenty of car manufacturers have also issued recalls for defects over tires, seatbelts, and brakes.

McCutchen & Sexton – The Law Firm says on its website that companies and manufacturers must be held accountable for any accident caused by defective products. However, in the case of defective car parts, the role of a manufacturer’s neglect in an accident is often hard to prove. It’s important that victims that may have suffered due to an accident caused by a car defect approach an experienced personal injury lawyer. With proper consultation, victims can learn more about the legal channels that can help them seek out just compensation.

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Personal Injury: Accidents Can Happen All the Time

Posted by on Mar 11, 2015 in Personal Injury | 0 comments

Accidents that cause personal injury can happen all the time. A sudden loud noise suddenly makes you drop a dish you were holding, causing it to fall and crash. The bathroom door suddenly won’t open, making you have an accident just on the other side where you were supposed to be. Little things like that can happen on an everyday basis and certainly, they can be dismissed as tiny nuances of day to day life. Nothing consequential and easily overlooked as just something that happened that one time.

But all it takes is one time, one accident to change everything.

Personal injury cases, as defined by the Crowe Mulvey website, are circumstances wherein the neglect of a guilty party (either intentional or not) lead to the injury of another innocent party. The injured party is then warranted to file legal action against whoever caused the accident in order to receive compensation. Injuries that fall into this branch of the law are often debilitating in more ways than one. Sometimes, they lead to temporary or permanent disability. Sometimes, they result into disfigurement or sudden incapability to pursue a profession. Sometimes, in the worst of the circumstances, the end of it all is wrongful death.

This term is a bit of a blanket term that covers a lot of ground as there are quite a few subclasses of personal injury, depending on the circumstance where the accident happened, or who or what was responsible for it. In the term of personal injury, there are subclasses that deal with cases such as medical malpractice, premises liability, child injuries, nursing home neglect, automobile accidents, pharmaceutical defects, et cetera.

These kinds of cases require specialized knowledge as they can get complicated in the long run. The law can different from state to state and there are quite a lot of factors to consider with regard to personal injury cases. That is why it is recommended that if looking for a lawyer to represent your case, it would be best to leave it in the capable hands of one not just dealing with a general grasp of the law but someone with a keen, specialized understanding of personal injury lawsuits.

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Why Hire a Lawyer after a Car Accident?

Posted by on Oct 16, 2014 in Car Accidents, Personal Injury | 0 comments

When a car accident occurs, there are more questions that can pop up than answers. Legal help that specializes in car accidents and understands the laws in your state would help increase chances of having a successful insurance or injury claim against the person at- fault.

When it comes to car accidents it is important to hire a lawyer who not only knows how car accident claims go but also the laws in your state that could affect the outcome of the claim. Each state has statute of limitations regarding cat accident claims, and failure to file a claim or lawsuit in accordance to the state’s statute of limitations would mean losing your legal right for compensation for damages. Claims that can be settled outside of court can go smoothly through the advice and guidance of a good car accident lawyer, while claims that go to trial would require legal representation who understands how to respond to the defenses and arguments raised by the other party. Additionally, having a knowledgeable lawyer would yield a more positive outcome when dealing with insurance companies.

Another important reason why hiring a lawyer after a car accident is beneficial is because after an injury, you may not be physically fit to prepare the necessary documents and procure the evidence important to make your claim. Having a lawyer would lessens you worries about gathering and organizing evidence related to your injury or insurance claim, and would be the one who will file them at the court. They will be the one who will draft a settlement demand letter for the insurance company and will be the one who will file the needed to begin a case.

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Tire Safety

Posted by on Sep 13, 2014 in Car Accidents, Product Liability | 1 comment

The National Highway Traffic Safety Association (NHTSA) provides an online tire safety checklist for all drivers that want to monitor the durability of their tires. In addition to safety tips, the brochure provides maintenance recommendations and a grading system for tire quality. Monitoring the quality of tires could make the difference in avoiding a tire blowout on a crowded highway.

As the brochure recommends, drivers should check their tire pressure to make sure that one low tire pressure isn’t causing the other tires to perform undue work. Another measure to avoid unnecessary pressure is to not exceed the maximum recommended weight load of the vehicle. When they notice it, drivers should remove debris (like glass and rocks) from their wheel tread while checking for unusual wear patterns. Valve caps should always be on the tires in order to avoid premature deflation.

Once on the road, drivers should avoid driving over potholes and curbs if at all possible. Hitting these uneven surfaces (at any speed) can cause a spontaneous tear or eruption of the tire. Sometimes tire accidents cause severe damages to drivers and passengers. Some car accidents related to tire malfunctions cause the vehicle to lose balance and roll while travelling at high speeds.  Rollover accidents are extremely dangerous and can result in serious spinal trauma.

Factors that lead to faulty tires are tread separation, weak support cabling, defective rubber composite, and side wall defects. Despite exercising caution and proper safety procedures, some tire problems aren’t able to be avoided. In the event that someone is harmed due to a crashed caused by defective tires the manufacturer of the faulty tire could be held legally responsible.

If you or a loved one has been hurt in a car accident due to defective tires, you may be able to get compensation for your injuries. Contact a personal injury lawyer today to discuss your options more in depth. An experienced attorney will be able to help you through this difficult time, offering you moral and legal support.

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Penalties for Drug Possession

Posted by on Apr 28, 2014 in Drug Charges, Drug Possession | 0 comments

The penalties for drug possession in the United States vary from state to state. Though the states all have separate laws in place, all of them take drug offenses seriously. Someone facing drug possession charges may face very lengthy jail time and extreme monetary fines. Depending on the type of drug and in which state the offense occurred, someone being penalized for charges of possession can have varying verdicts. The sentences can range from a fine of less than $100 and/or a few days in jail to many years in a state prison for the same offense.

The “possession” of a controlled substance occurs when a person owns or simply possesses a drug or illegal substance. These charges usually are applied when someone is caught with marijuana, cocaine, methamphetamine, or other illegal narcotics.

drug crimeAccording to the website of James Powderly, someone possessing cocaine in Cape Cod faces imprisonment of up to one year, a fine of up to $1,000, and revocation of their Driver’s License. That’s just on the first offense. The second time someone is caught in possession, the penalties are the same as the first, but doubled: Up to two years in state prison, a fine of up to $2,000, and again, revocation of their Driver’s License.

In Texas, drugs are put into categories know as “penalty groups” depending on their potential for addiction and abuse. Cocaine, heroin, and methamphetamine are in penalty group 1, the most severe. The penalties are then further classified based on of the amount of the drug found in one’s possession, according to the website of Ian Inglis.

Being charged with a drug crime is very serious. If you have been charged with a drug crime, contact a criminal defense lawyer today to discuss your situation. An attorney will be able to guide you through your case to make sure your rights are protected.

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