Construction jobs are one of the most dangerous jobs on the market. Working at skyscraping heights, doing risky tasks, the life of a construction worker truly is “on the edge.” Because of the added liability that comes with working in the field of construction, it is important to understand the opportunity you have for taking legal action against the company that put you in danger.
Construction accidents are so common that this September 2017, two construction accidents, that both ended fatally, occurred just hours of each other. For one of the construction sites in question, this was not their first fall that caused a death on the scene.
The first incident on this day occurred in the Financial District of Manhattan. A 43-year-old, father of five, fell to his death from a 29-story fall. While his identity has not been officially named, his cousin, reported the victim to be Juan Chonillo, of Ecuador. NBC 4 claims that Chonillo lost his balance, leading to his fall. It is also reported that Chonillo was, in fact, wearing a harness, however, the harness was not clipped in, and so he fell onto a scaffold bridge just above the sidewalk, 29 floors down, and was pronounced dead at the scene.
The second incident on this same day occurred on Ninth Avenue. This accident was the result of a bucket lift that plunged two workers, ending in death for one. Witnesses on the scene recall seeing the workers being harnessed in, but not properly connected to the bucket itself. A 45-year-old was declared dead after the incident. It was at this construction site where another worker had fallen to his death in June of this year.
In these cases, the final result was death, which means it is up to the victims’ loved ones to continue life without them, and without their income. Everyone deals with death in their own ways, but no matter who you are, you do not want to have to deal with financial burdens while you’re in the process of grieving. Thankfully, there are lawyers that can help you and your family.
If these cases do not apply to your circumstance, you, yourself were injured on site, there is still legal action that can be taken. The inability to work or perform to the best of your ability is not to your own fault, but rather the company that hired you. Taking legal action can help compensate for your medical bills, your inability to work, and your pain and suffering.
The New York Lawyers of Hach & Rose are familiar with the dangers of the job. Saying that “working on a construction site comes with many inherent risks and dangers, but that doesn’t mean you don’t deserve compensation if you were injured due to a negligent co-worker or employer.” It is important to understand that you need compensation, and lawyers will handle the rest. Focusing on grievance or recovery are truly the most important things after any sort of accident, let lawyers handle the rest.
Division of properties, assets and debts during divorce can be very contentious as each spouse will naturally fight for what they hold to be personally theirs, as well as make a claim on what can be considered marital property. However, when it comes to debts, majority more than willingly give up any claim and let their former partner experience all the benefits in settling everything.
The reality for so many American couples is many owe a huge amount of money – on loans for their cars, mortgages on their homes, and credit card bills for either due to real emergencies or “emergency” purchases. All these debts may not present any substantial effects, at least to a few, so long as the spouses stay together; however, when their marriage falls apart, to whom do the bills go with?
Couples who file for divorce should know that courts give as much importance to debts as these do to assets and properties. A divorce judgment includes a judge dividing debts and assets between spouses. While courts generally divide assets and debts equally, these can also be divided according to each spouse’s circumstances in life. Thus, a spouse who receives more property and/or earns more might be assigned more debt.
State laws vary when it comes to division of debts and assets in divorce. While some states observe the community property rule and so divide everything to divorcing spouses equally, others observe the equitable distribution rule so that assets and earnings accumulated during marriage are divided equitably (fairly), but not necessarily equally.
Regardless of what rule is observed, an article posted in a website found at, www.hhzfamilylaw.com/divorce/, say that in the midst of any divorce, it is overwhelming to think about all of the legal aspects that you must account for when setting up your new life. Not only are you undergoing a formidable change within your relationship, but also you have to make arrangements to accommodate your new family dynamic. You will have to make decisions regarding your finances, estates, assets, and relationship with your children.
One major effect of divorce is actually the continuous payment of home mortgages. A house usually goes to whoever is awarded custody of the children. But what if, in this scenario, payment of mortgages will be required of the non-custodial parent? How likeable will this be to the spouse paying for a house which he or she knows he or she will never get to live in?
It is possible, of course that, due to changes in his or her financial circumstances, such spouse will no longer be able to pay the mortgages. At other times, though, he or she just decides to stop paying the mortgages. In this instance, creditors can come after the particular spouse responsible in making the payment, even though, originally, both parties were responsible for the loan. This is done to protect the rights of the creditor. If payment lapses for about three months, then the house may face the possibility foreclosure.
In the case of the second scenario above, the custodial parent can petition the court to enforce the divorce agreement for the continuation of the mortgage payments. Your former spouse will then have to appear in court to explain why he or she is not following the court order and may be punished with fines or jail time.
The Plano foreclosure lawyers know the home is the most important possession people will ever own. That’s why a foreclosure on their home can be one of the most challenging experiences to go through. Not only can a foreclosure cause lasting damage to an individual’s financial standing, but it can also deprive them and their families of the place they have called home for years. Sadly, there are far too many situations in which lenders wrongfully foreclose on a home.
Serious Injuries from Car Accidents
Car accidents have many forms, such as head-on collisions, rear-end collisions, sideswipes, single-vehicle crashes, and rollovers. But whatever kind of car accident you experience, it does not change the fact that you are likely to sustain serious injury if the accident is forceful enough. Worse, there may even be fatalities.
According to the website of these Brownsville car accident attorneys, those who have been hurt because of negligent drivers may take legal action, like trying to get compensation for the damages they have sustained.
The head is a very vulnerable body part when it comes to car accidents. Vehicle occupants may hit their head on hard surfaces, like steering wheels, roofs, windshields, and pavements. They may also be hit by debris, such as loose vehicle parts, glasses, and rocks. These may result into face disfigurement, skull fracture, and brain damage.
Accidents happen unexpectedly, so the occupants of the vehicles involved will likely have relaxed bodies. If the neck is in a relaxed state, it may get damaged on the sudden shaking of the vehicle upon impact, resulting into neck fracture or whiplash. Neck problems are particularly dangerous on head-on collisions, rear-end collisions, and T-bone accidents.
Back injuries can be sustained the same way as neck strains. The back of vehicle occupants, when caught in a relaxed state, can be damaged because of the jolt of impact. Rear passengers can also be at risk on devastating rear-end collisions, where another vehicle has pierced through the rear end of their car. The worst back injuries involve the spinal cord, as it may cause sensory and motor problems.
Airbags, seat belts, and other safety devices can save your life, but they don’t necessarily defend you from all possible injuries. In fact, they may even contribute to damages. High-impact accidents, combined with effective restraints such as seat belts, may have enough force to damage the chest area. The worst damages involve broken ribs, and how they may affect the heart and lungs.
Swimming pools are fun. They help you counter the heat, enjoy under the sun, and have quality time with your family and friends. But sometimes, even fun things can be very dangerous.
Swimming pool accidents are not that uncommon. When you look at it, a swimming pool is not the safest place to be in. There are a lot of factors that may not go your way, and that may result to injury or death. Below is a list of the common causes of swimming pool accidents.
Impairment or lack of swimming skills
Alcohol and drugs can have physical effects, including comprehension and coordination issues. These issues may result into the victim not being able to properly make decisions in the pool area and cause an accident to himself or the others around him.
Not knowing how to swim is also a major factor in many swimming pool accidents, primarily because the victim will not be able to save himself.
Lack of adequate barriers
Owners should have the responsibility of making their swimming pools not too accessible, and the best way to do this is by putting barriers or fences around the pool, to prevent easy entrance from children and other people who can be very vulnerable near water.
Having a barrier or fence is not enough. Owners should also make sure that these are actually strong and high enough, or else we might be seeing a drowning accident in the area.
Lack or improper use of signage
There should be proper signage and warnings in and around the pool to inform patrons of possible dangers. These may include reminders of not diving on shallow waters, not running on the edge of the pool, or signs that indicate the depth of water in a particular part of the pool.
The absence or improper use of these signs put unsuspecting swimmers at risk, especially those who lack swimming skills and those who have the tendency to be reckless on the edge of swimming pools.
Defective design may refer to unintelligent design of the swimming pool or a malfunction in its components. Defective designs may include pool drain issues, sump pump issues, and other problems that may be a sign of failure to comply to reasonable safety standards.
According to an informative article on the website of Russo, Russo & Slania, P.C., swimming pool accidents are covered in product liability laws. But you should also remember the fact that swimming pool accidents can still happen because of your own doing. So in the end, your first line of defense against swimming pool accidents is diligence.
It isn’t surprising that most individuals with criminal records find it difficult to get back on their feet and pursue better opportunities. One’s personal reputation will often take a serious hit due to any criminal offense, whether or not the individual has done what they can to accomplish their mandated penalties. Having any criminal offense on your record can hinder employment and educational prospects, as well as your ability to take out loans or move into a new place of residence.
One way you can overcome this extreme prejudice is by petitioning for a legal process called expunction. According to the Texas Code for Criminal Procedure, individuals that meet a certain set of qualifications may be afforded the privilege to have their records cleared of offenses that could seriously hinder their ability to move forward and become productive members of society.
In general, expunction in Texas is typically granted to individuals that have been charged but not convicted of a crime, or those that were convicted of misdemeanors and other minor offenses. There are, however, special circumstances that allow individuals who fall outside these criteria to still be able to pursue an expunction petition. For example, individuals that have been wrongfully convicted of crimes, as well as those that committed certain juvenile offenses, are entitled to have their records. In some cases, Texas law also allows individuals with certain kinds of felonies to pursue expunction. However, it should be expected that individuals that were found to have committed grave crimes won’t qualify for expunction.
Overall, record expunction is a legal avenue that could prove useful to many individuals. Considering that any record of a criminal offense can do plenty of harm to someone’s lifestyle and reputation, the fact that the law provides such an option is important to know. If you think that expunction may help you in your current situation, do not hesitate to consult with a criminal law attorney to learn more about how you can clear your criminal record.
Road Defects and Motorcycle Accidents
One of the biggest advantages of a motorcycle compared to a car is maneuverability. It allows the rider to ease pass the traffic and reach their destination in the quickest possible way. But while it is more convenient than a car, motorcycles also place riders at a greater risk of getting involved in an accident. The website of Karlin, Flrisher & Falkneberg, LLC reveals that motrocyclists are more susceptible to road conditions than their counterparts.
There are different kinds of road conditions that can put in danger a motorcycle rider. A loose gravel from a construction project or a deep pothole can make a motorcycle wobbly and cause the driver to lose control. No matter how safe you drive, you will remain at the mercy of road conditions. Other conditions that may impact motorcycle accidents include confusing, damaged, or missing signs, lack or poorly placed traffic signals, blind curves, and others.
So who can be held liable for injuries or fatalities due to poor road conditions? The main agency tasked to assist state and local governments with guidelines for the safe design and construction of roadways is the Federal Highway Administration. It monitors accidents and inspects accidents where road designs, maintenance, and other defects were the main cause.
Accidents due to road conditions are governed by the theory of “sovereign immunity.” Under this principle, governmental bodies are immune from lawsuits by private individuals. However, if a government entity acted highly negligently or recklessly in performing their duties, they can be held liable for accidents. Likewise, if a stretch of road has been deemed unsafe and the agency responsible for it did not take action within a reasonable timeframe to rectify that hazard, they can be liable to the victims.
With a motorcycle accident, the statute of limitation is much shorter than a car accident. Whereas other accidents involving motor vehicles have a limitation of 2 to 5 years, the statutory period for motorcycle claims is less than six months.
Assault may be defined as an intentional act that places another person in fear of physical harm that he or she is about to suffer. This definition actually implies that the actual physically harm need not be inflicted and that causing another person to fear its possibility is already an act deserving of punishment. But, while assault remains to be a threat, the actual physical harm on another person is what constitutes battery. Before, assault and battery were treated as separate crimes, with battery more considered as “completed” assault. These days, however, many modern laws no longer distinguish between the two crimes, with assault already referring to crimes of actual physical violence.
State laws vary greatly with regard to penalties and sentences for an assault and/or battery conviction (it is possible for a person to be convicted only of assault without battery, such as when he or she raises his or her fist in a threatening manner, but without actually throwing a punch. In like manner, a person may be convicted only of battery without assault, such as when he or she pushes or punches someone else from behind). Conviction may include fines and/or imprisonment, depending on how severe the offense is and the criminal history of the offender; thus, repeat offenders will most likely receive stiffer penalties. Stiffer penalties will also be meted out on offenders whose victim is a public servant (like a police officer, a firefighter, a paramedic or a teacher), a family member, or a person living with the offender.
Assault (or simple assault) is considered a misdemeanor crime; however, if an offender threatens another individual with a weapon of any kind or with the resolve to commit a serious crime, like rape, then this shall be considered as aggravate assault, which is a felony. Likewise, an assault committed against a person with whom the offender has a relationship is considered an aggravated assault or a felony. A person, on the other hand, commits an aggravated battery if he or she accomplishes it using a deadly weapon, or if he or she has intent to commit murder or other serious harm.
Assault and battery, though intentional, still falls under the scope of personal injury law or tort law, thus, allowing victims to file a lawsuit in a civil court. Through this civil lawsuit, victims can seek compensation for injuries and other damages resulting from the incident.
The defendants in an assault and battery civil lawsuit case, however, as made clear in the website of the Charleston personal injury lawyers of Clawson & Staubes, LLC: Injury Group, may not only be the offenders themselves. According to the website, “owners and operators of businesses, bars and restaurants, security firms, and even the employers of assailants” can also be held responsible if the assailants were “acting in the course and scope of their employment.” Thus, in the event of an assault and battery crime, it may be in the best interest of the victims to seek legal help from experienced personal injury lawyers for the proper investigation of their cases and for guidance in pursuing legal action that will help them seek the compensation they may have a right to claim.
Undoubtedly, divorce isn’t something that a lot of people say they enjoy going through. It is an occasion and financially consuming procedure that can take its cost to the psychological and psychological wellness of both events. When youngsters are participating, this seems to double up. Concerns including child support and infant custody ought to be ironed out correctly to avoid problems that were future.
There are many techniques custody and kid visitation may become complex, and as a child custody attorney may point out, mental complications could get in the manner of appropriately creating a superb child custody and arrangement. Finding help from people who understand how the problem works and specialists who can give impartial legal help can tremendously assist in deciding child custody and visitation.
Typically, the settlement for child-custody is prompted by the courtroom to become satisfied within the family: this means the family has got on what they want to work these things out, the entire selection. Achieving this will allow both parents bargain to agendas and other problems that need to be cleared minus the support of the judge and to recognize. Simply do both parents reach an agreement and built a good determination can they be capable of providing their agreement, where the judge might consider and see if changes are before acknowledging the agreement essential.
Enforcing the decided visitation and custody is important since it can be a responsibility. Everyone who disobeys the courtroom- visitation deal and granted custody fined or certified and may be placed in disregard of court. So that you can possess the agreement revised such as going to another express or lack of work certain conditions should be documented instantly. This also permits both parents to maintain and training their directly to be in youngsters lifestyle or their child. Separating from your own spouse has already been tough enough since it is, and it generates the problem much more complex when kids may take place.
A motorcycle is definitely one of the most excellent means of transportation. Besides being cost-efficient with regard to gas expenses, it can also enable the rider to easily drive through tight spots and past heavy traffic.
The only major worry for motorcyclists is their vulnerability to possible severe injuries due to the lack of protective gears other than the helmet. Thus, to help protect riders from serious harm, the American Motorcycle Association (AMA), the largest motorcycling organization around the globe, enjoins its members and encourages all other motorcycle riders to always wear additional protective gears, such as gloves, a jacket, and the appropriate pants and footwear, whenever they will ride. All these, of course, should be worn with a helmet that complies with the standard of safety that the US Department of Transportation requires.
The 2012 record of the National Highway Traffic Safety Administration (NHTSA) on motorcycle accident shows 112,000 motorcycle mishaps; of this, 93,000 caused riders serious injuries, while 4,957 claimed riders’ lives. This only means that while it is true that motorcycles provide lots of conveniences, these also cause great risks.
While head-on collision is a major cause of fatality among motorcyclists, there are many other forms of mishaps that can severely injure and leave them with an amputated limb or permanent disability. It is a sad fact, however, that so many of these accidents are actually due to negligence or carelessness of the riders themselves, by the driver of the other motor vehicle involved or by someone who never really did his/her job (like a city or local government personnel in charge of keeping roads safe from accidents). These acts of negligence or carelessness are followed by many different kinds of wrong results: poor riding skills; drunk riding; collision with fixed objects (such as a lamp post or railings); overspeeding; lane splitting (an occasion wherein a motorcycle rider passes between two slow-moving or stopped vehicles, like during heavy traffic flows); a driver (of another vehicle) failing to notice an approaching motorcycle while making a left-hand turn; other vehicles denying motorcyclists their right of way; another vehicle tailgating a motorcycle; poor vehicle visibility and/or stability during inclement weathers; defective roads; roads not cleared of hazards; and so forth.
Since negligence can be dispelled through simple acts of diligence, a negligent or careless act resulting to an accident is, therefore, very much preventable. However, being someone else’s fault, the victim has the right to pursue legal actions against the liable party for whatever present and future damages his/her injuries may result to. Seeking the assistance of a highly-qualified personal injury lawyer or motorcycle accident lawyer will definitely help the victim know and understand his/her legal rights and options.
This is a day and age where automobiles are near everywhere that it has become practically a necessity for everyday life. These machines, complicated to manufacture and weighing thousands of pounds per vehicle, have made faraway places more accessible and has made travel far, far more efficient within the last few decades alone than they have in thousands of years. However, there are some sad truths about auto accidents that people need to be aware of in order to keep themselves safe and vigilant – both for their own sakes as well as for the people around them. Automobile-related accidents happen on a daily basis. In fact, accidents of this nature are one of the leading causes of death in the United States of America. One of the worst things about accidents like this, however, is that you can take every precaution and preventative measure known and still end up in an automobile accident due to the negligence of someone else. It is never an easy scenario to deal with and it can be life-altering for some people. For example, if you end up in an accident of this nature – your spine might get injured and leave you permanently disabled as a quadriplegic for the rest of your life. This can be an incredibly trying time but something to know about these kinds of accidents is that you don’t just have to take them lying down. There are actions that you can take, with regard to these unfortunate circumstances, where you are gifted benefits and compensation for the trauma that has been done unto you. Auto accidents are a subset of personal injury cases, otherwise known as the legal action you can file for if you have sustained physical, emotional, or mental injury that was caused by the negligence (either willful or intentional) of someone else.