Long Island Injury Lawyer

What You Should Know About Hurricanes

Posted on 01. Feb, 2010 by Admin.

Hurricanes and cyclones are measured through the use of a system that employs five category descriptions. Those categories are based on the barometric pressure recorded at the storm’s center, wind speeds and storm surge. Hurricanes designated as Category 3 and above are classified as “major hurricanes” by the U.S. National Hurricane Center.

Weather agencies generally use the criteria for defining “sustained winds” as indicated by the World Meteorological Organization. However, the U.S. National Weather Service utilizes a different standard of measurement. But both agencies use approximately the same values when determining central barometric pressure and storm surge.

The 5 categories (in order of their increasing intensity) are:

Category 1 storms are the least severe and will result in limited damage to buildings and other structures. Mobile homes that are not properly anchored can be overturned, however. Poorly affixed roof tiles and shingles may also be blown from houses. There will also be some flooding along coastal regions and damage to piers.

Category 2 storms are intense enough to actually lift a small building (such as a house). Damage may also be inflicted on the windows and doors of larger buildings, as well. But even mobile homes that are properly anchored can suffer significant damage. Considerable damage will be sustained by trees, other forms of vegetation, vehicles and manufactured housing.

Category 3 cyclones are considered major hurricanes. Damage will occur in most buildings constructed of wood and those that do not have good structural support. Mobile homes are usually destroyed by the force of the storm’s winds and other structures can be demolished by flooding. Loss of utilities (electricity) can be experienced and may last for days.

Category 4 hurricanes will greatly affect smaller residences, which may have their entire roofs destroyed or blown away. Gas service stations can suffer irreparable damage to their overhead canopies and other overhanging structures may also be destroyed. Manufactured homes and similar structures will most certainly be leveled. Major flooding and beach erosion will also occur.

Category 5 is the most severe category of tropical cyclones. Small buildings may be completely blown away with major damage to larger buildings, as well. Severe flooding, loss of utilities can affect thousands of residents. Major evacuation of local residents will be indicated in the event of this type of storm. An example of this category of storm is Hurricane Katrina – which reached a category 5 on Sunday August 28, 2005.

Please note that this article is for informational purposes only and is not intended as legal advice.

If you have questions regarding recovering from a hurricane, you may wish to consult Bloom Legal in New Orleans, Louisiana. You’ll find more detailed information by clicking here.

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Trust Law

Posted on 01. Feb, 2010 by Admin.

In legal terms, a trust consists of an arrangement regarding management of property for the use and/or benefit of another party. The managing entity can be in the form of one or more persons or an organization. The property involved, can either be tangible or intangible. The creator of the trust is called the “settlor” while the holders of the property are referred to as the “trustees”. The trustees are legally obligated to adhere to the terms set down in the trust and owe a fiduciary responsibility to the “beneficiaries” (who are beneficial owners of the property stipulated in the trust).

The trust, itself, is governed by its own terms while also adhering to local laws. Therefore, the trustee must follow the terms of both the trust and the laws of that particular jurisdiction. While the term “trust” might immediately bring to mind a “trust fund” in which funds are dispersed to a younger person until they reach a determined age (18 or 21, in some cases) – there are actually many different types of trust.

A Constructive Trust does not involve a situation where the settlor and the trustee have reached an agreement. This form of trust is actually imposed by law – usually in cases where assets have fallen into the wrong hands and it is determined that they should not benefit from those assets. An example of this would be when a court is recognizing the plaintiff’s request for an “equitable remedy” of wrongly held property. The individual(s) holding the property are not always the trustees, in this case. The trustee can be a bank or a similar business concern.

An Express Trust is formed when the settlor sets up a trust, deliberately, that will go into effect before or after their death. This can be put into place by setting up a will or a trust deed. This is the most common trust type, by far. The property that is being dispersed in this type of trust must have been proven to be in existence and lawful ownership must be established. The U.S. Statute of Frauds requires that property valued above a certain amount can only be designated in an express trust if that trust is evidenced in writing.

A Fixed Trust will indicate a fixed amount of assets or other limitations pertaining to the beneficiaries. An example might include a situation whereby the beneficiary will receive a set amount, yearly for the remainder of their life.

Please note that this article is for informational purposes only and is not intended as legal advice.

Additional Legal Site: Florida Probate Lawyer Adrian Philip Thomas, P.A. serving clients in the greater Fort Lauderdale, Florida area.

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White Collar Crimes

Posted on 28. Jan, 2010 by Admin.

Unfortunately, white collar crimes are increasing rapidly due to the economic strain and advances in technology.  Americans are suffering tremendously as a result of the increase in these types of crimes as they put our economic situation under even more strain.

What Is A White Collar Crime?

The short definition for a white collar crime is a non-violent crime that usually consists of deception by individuals such as a public official, business person, or of high authority. Paper trails are usually the smoking gun as far as evidence goes for the types of cases.  There is a debate as to what exactly defines a white collar crime. Some state it is defined as crimes such as embezzlement, forgery, fraud, counterfeiting, bribery, and perjury.

Bankruptcy fraud is one of the most common white collar crimes in today’s economic society. In order to achieve bankruptcy fraud the individual or company will need to hide certain assets when filing. The reason the government considers this as fraud is because the reports are inaccurate which can result in the individual or company receiving money back from creditors, which is stealing.  Unfortunately, this type of crime has been rising consistently and happening on a daily basis.

Another crime that is rising rapidly is computer crime. Computer crime is a broad term used for crimes committed such as identity theft or insider trading. Basically if the crime is committed using the computer and the internet it is a computer crime. These crimes have harsh penalties such as individuals serving prison time and the sentences can be quite long.

Who Commit White Collar Crimes?

Many of these kinds of criminals are regular individuals who ran into financial burden and used illegal and deceiving means to solve the problem.  The people committing these crimes are generally intelligent as it takes many complex tasks to commit the crime. Things such as offshore accounts are used to hide money from the government. In order to achieve this, the offender will need to do a series of transactions to hide the paper trail.

What Is The Punishment?

A majority of the punishments given for white collar crimes are high monetary fines, but it generally depends on the situation. Generally, it is a given that the offender will do some amount of jail time as well as pay the monetary fines.  The fines are set in place to reimburse those who have been wronged by the crime. The majority of offenders are wealthy and the fines are not difficult to pay. Unfortunately, there are those who are not financially stable and still have to pay the fines.  There have been a large number of well known business people and companies who have committed white collar crimes, but they are not the only people who do.

Additional Legal Guidance: Defense Attorney For White Collar Michael Lowe. Serving clients in Dallas, Texas.

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Workplace Injuries

Posted on 28. Jan, 2010 by Admin.

Employers put a certain amount of their paychecks into an insurance plan that will cover any workers compensation payments.   Along with income tax and federal taxes, employers have to pay insurance fees by having them deducted from their paychecks or making payments on a schedule.  In return for their payments the insurance company concurs that they will pay for medical expenses for an injury the employee had while at work.

Employee Workplace Injuries

According to United States laws, the employee is obligated to pay for workers compensation if the company consists of five employees or more. However, if the business has less than five employees, they will need to acquire an exemption and inform their employees that they do not have coverage and will not be eligible for workers compensation. If they do not file an exemption and inform their employees, the company will be required to cover the expenses.

The workers compensation program will provide the employee who was injured on the job with a certain amount of monetary benefits until the employee who was injured can return to work.  The benefits offered by the program often include coverage of medical expenses as well as any lost wages.

Unfortunately there are some individuals who will take advantage of the workers compensation program.  This issue raises suspicions as to whether or not the employee is being truthful in regards to the injury and if it was actually an injury in the workplace. In some cases if the employee who was injured in some way, the employer may dispute as to whether or not the disability actually prevents the employee’s ability to come back to work.

Independent Contractor Injury

When you are an employee of a business and you are injured on the job, you are not able to sure your employer. You will only be able to collect workers compensation as a legal means for compensation, unless you have a third party claim.

However, more and more companies are hiring independent contractors as a means to cut costs and taxes. In this case, the independent contractor can sue the business that hired them if the injury was a result of negligence of the company or one of its employees. If the contractor has workers compensation insurance, they can still file a lawsuit.

While the independent contractor can sue the company at fault, they will still need legitimate proof that there was negligence on the company’s part.  If the contractor can prove there was negligence and pursue with a lawsuit they may receive payment for lost wages, emotional distress, medical expenses, pain and suffering, and more. These payments are more likely to be much higher than what the workers compensation program will offer.

Related Legal Information: Workplace Injury. The Barber Law Firm serving clients throughout Texas.

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Slip, Trip, or Fall Accidents

Posted on 28. Jan, 2010 by Admin.

Personal injuries caused by accidents such as slips, trips, or falls are very common and can happen anywhere you find a slippery floor, uneven surface, or an object that is obstructing a pathway. There are many reasons these accidents occur. Some of example situations of safety measures include:

• Uneven roads and sidewalks have been known to cause many rip accidents. The maintenance and care of the roads and pavements are the responsibility of the Local Council.
• Caution signs must be placed in areas where there has been a spill or the floor has been cleaned by all shop owners, as slippery surfaces can cause slips.
• Sports arenas are required to provide a safe environment that is free from spills and hazardous conditions.
• Any private or public property owner is solely responsible to maintain the property and keep it safe for visitors or occupants.

Common Injuries

Many people think that trip, slip, and fall accidents are harmless. While in some cases this may be true, it can also cause serious injuries including but not limited to:

• Broken or Fractured Bones
• Back Problems
• Dislocations
• Head Trauma
• Spinal Injury

What makes these situations worse is that these injuries can have long term physical affects and financial burdens. Whenever you have been in a slip, trip, or fall accident the most important thing you can do is get to a physician immediately to have the injury reported and documents proving the injury occurred.  If the injuries from a slip, trip, or fall were a result of a defect, you may be able to get compensation.

Stay Put

Many individuals who have been involved in slip, trip, or fall accidents have a tendency to leave the scene as soon as they possibly can. However, the best thing to do is to remain at the scene to gather evidence such as photographs, witness statements, names, and contact details.  If the accident was in a public or work environment it needs to be reported to the manager immediately so that it can be recorded and you have proof the accident occurred.

Abuse Of Claims

Unfortunately, there are those who try to take advantage of the right to file claims in order to receive compensation from a trip, slip, or fall accident. This caused an issue with courts being able to handle the number of individuals filing claims on trip, slip, or fall accidents. In more recent years, there have been firm regulations that are set forth to eliminate the false compensation claims being filed. Take for instance; you have tripped over an uneven sidewalk. The city may not be liable if the crack you tripped over is under the minimum height requirement.  If the slab was broken within the last 48 hours the city may also not be liable given the fact that it is less likely they knew about the issue.

Additional Legal Source: For more information on personal injury from a slip, trip, or fall accident visit WurtzelLaw.com

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Negligence and Abuse in Nursing Homes

Posted on 18. Dec, 2009 by Admin.

If you suspect abuse, get the names of all people involved in your loved one’s care.  Gather proof and documentation of any abusive situations.  Make sure your loved one receives proper medical care.  Take photos of any abuse related injuries.  Make sure to have an attorney that is experienced in nursing home abuse cases.

If abuse can’t be proved with tangible evidence, chances are the facility will never change their ways.  Attorneys with experience are needed to conduct proper investigations.  They will get abuse victims the compensation and proper care that they need.

No one ever deserves to be abused.  The cases that are presented in court are to make sure that clients get the compensation they deserve.  It also ensures that the facility that is accused, is forced to change its ways.  Abuse should never be allowed in any situation.  Long-term care facilities and nursing homes need to make sure that they are adequately staffed and have the ability to properly care for their residents.  When facilities are punished to the full extent of the law, they are more likely to keep themselves up to standard and code.  This cuts down on the number of abuse cases that arise.  Many abuse cases are not intentional. They are cases such as bed sores and infections due to infrequent care.  These facilities need to make sure they keep their standard of care and staffing as high as possible.

THIS ARTICLE DOES NOT CONTAIN LEGAL ADVICE AND WAS NOT WRITTEN BY AN ATTORNEY.

Listing:

The Law Offices of Abrahamson & Uiterwyk. Nursing home injury attorneys in Clearwater, FL.

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Train and Railroad Accidents

Posted on 18. Dec, 2009 by Admin.

When trains collide with another obstacle or derail they can often leave a big mess. People not just on the train but around it can easily be injured. Injuries can range from anything from bruises to broken bones, burns, head injury, spinal injury to death.

Railroad accidents typically take a long time to settle. Investigations can be complicated and lengthy. Anyone who has been in a railroad accident should get expert legal help from a lawyer who is experienced at dealing in railroad compensation cases.

Passengers and bystanders have little choice in respect to injury but every person can do their bit to keep safe around trains and avoid injury, by using a little caution and common sense.

• Always slow down and look for trains. You many not always hear them coming
• Trains often move faster than they appear to and they cannot stop quickly. Don’t play ‘chicken’ with a train
• Take extra care crossing tracks at night or in poor weather conditions
• Always obey lights, bells and crossbars. Remember the golden rule to look for trains even when signals are not working – there may be a malfunction.
• Never stop your vehicle on railroad tracks or force a driver in front or behind you to stop on the tracks.

This article is not intended as legal advice.

Supplementary Information: The Law Offices of the Jodat Law Group. Representing railroad accident victims in Bradenton, Florida.

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How to File a Personal Injury Claim

Posted on 18. Dec, 2009 by Admin.

If you have been the victim of one of the situations listed above and sustained one of the listed injuries, you may be entitled to compensation by the responsible party. However, you will also have the burden of proving that your injuries were the fault of another individual or entity, in order to receive benefits from a personal injury claim. This may involve documentation of your injuries and potential causes, statements from witnesses who saw the accident firsthand or evidence of negligence on the part of the responsible party.

When to File

It is important to note that states have a statute of limitations on personal injury claims, which means you have a window of time in which you can file your claim and request a settlement. The amount of time varies from state to state, and may be based on the accident itself, the date of the medical diagnosis or another benchmark. It is important to understand the specific statute of limitations in the state you will file your personal injury claim to ensure you get all your paperwork in by the appropriate deadline.

Filing a personal injury claim can be a complex process. To make it easier, contact a personal injury lawyer in your area. This professional can ensure your claim gets filed properly and that you receive the full benefits that you are entitled to.

Supplementary Legal Information: The Shavitz Law Group. Serving clients in Boca Raton, Jacksonville, Miami, and the rest of Florida.

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Airbags and Car Safety

Posted on 18. Dec, 2009 by Admin.

Things to consider

• Most cars do come with airbags. If you are concerned about the risks they carry you can pay to have them removed.
• Standard instructions will warn you not to seat children under 12 or 13 in a passenger seat with an airbag
• Never place a rear-facing child restraint in the front passenger seat – this can lead to brain damage or death
• Passenger seat airbags are larger than driver seat bags to do the job of spreading any impact. Always consider your passenger
• Leaving loose objects around any airbag modules turns them into potential projectiles. A mobile phone or even an ear-ring is not designed to be worn through your head or chest.
• If your vehicle has airbags make sure to keep 10 inches between the steering wheel and your breastbone. This can greatly reduce the amount of damage done.
• Airbags are designed to go hand in hand with seatbelts, not as an alternative

If you should suffer an injury from an airbag, seek medical attention, take photos and contact a personal injury lawyer for advice.

Supplementary Legal Website: Attorney Elan Wurtzel, PC. Helping accident victims in Long Island, New York.

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Birth Control Products with Black Box Warnings

Posted on 17. Dec, 2009 by Admin.

Ortho Evra

Ortho Evra is a transdermal Patch which releases its hormones through the skin over a period of a week at a time. It contains ethinyl estrogen and norelgestromin. The black box warning clearly states that Ortho Evra delivers 60% more estrogen than the ‘normal’ pill. This highly increases the risk of developing blood clots. The black box warning was put in place in 2005. Between the products release in 2001 and 2004 an ABC news report stated there had been 17 deaths and at least 62 life-threatening cases directly related to Ortho Evra. Ortho-McNeil (part of Johnson and Johnson) have continued to market the product. Many lawyers who have brought cases against the company feel they are using preemption to continue to hide evidence.

Nuvaring

Heralded by its company Organon as being ‘freedom’ in birth control the Nuvaring does not as yet carry a black box warning, despite over 100 pending lawsuits. The Nuvaring is inserted vaginally and delivers its hormone cocktail over a period of 3 weeks. As with Yaz and Ortho Evra it carries high risks of pulmonary embolism, deep vein thrombosis, strokes and heart attacks.

Women of 35 and younger should not be suffering major strokes or dropping dead in front of their children. It is a concern that it takes so much effort to get some of these companies to fully and clearly inform women of the risks involved. It also seems clear that the older generation pills are in fact safer, even if a little less convenient. If you or someone you know about has suffered any side effects from these birth control products you should seek both medical and legal advice.

This article is intended for informational purposes.

Legal Website: The Full-Service Law Offices of Searcy Denney Scarola Barnhart & Shipley, PA. Serving all of Tallahassee, Florida.

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