Legall Bug
Many major life transitions, such as career transitions, can
be very stressful, and the stress often affects a marriage in a negative way.
This is especially true in today’s economy, when many career transitions are
not voluntary. A layoff, demotion, or forced early retirement can result in
financial and self-confidence problems. Often couples who are happy with their
routines are forced to spend more time together, which is not a positive thing
for many couples.
According to experts there are many reasons that a career
shift can lead to divorce, including one spouse not being able to handle the
insecurity of a job change, one spouse turning to destructive behavior in the
wake of a career problem, spouses not being able to cope with changing roles in
the relationship, and one spouse not being able to handle seeing the other
spouse struggling. The end of a career
can also signal to many couples the time to reassess the relationship.
However, career transitions don’t always have to mean a
divorce. There are steps couples can take to help their relationships withstand
the stress of a job change. First, more communication is always better than
less. Discuss your financial fears and review the family budget. Also talk
about your fears and your hopes for the future. Be careful not to overreact to
your spouse’s behavior during this difficult time – career transitions
naturally lead to anxiety and stress.
Being a commercial truck driver is one of the most difficult and dangerous jobs in the United States. Such drivers work long hours under physically and mentally demanding conditions. To ensure drivers get sufficient rest to allow them to perform their duties safely, the Federal Motor Carrier Safety Administration (FMCSA) regulates the hours truckers may work.
If you or a loved one has been involved in a trucking accident, it may be worth your while to consult an experienced San Francisco trucking accident lawyer to determine if any of these rules were violated. If so, this may help you prove negligence on the part of the trucker or related parties.
Daily limits
The FMCSA mandates daily and weekly limits on the number of hours commercial truckers may work.
- Generally, truck drivers may work no more than 14 consecutive hours in a day.
- Of these 14 hours, only 11 may be devoted to driving.
- The remaining hours may be devoted to paperwork or tasks such as loading and unloading.
- Once these limits are reached, drivers must spend at least 10 consecutive hours off-duty.
Weekly limits
FMCSA regulations prohibit truck drivers from driving after being on-duty:
- 60 hours over seven consecutive days
- 70 hours over eight consecutive days
This 60- or 70-hour clock only restarts when a driver takes at least 34 consecutive hours off duty.
Why these rules exist
These FMCSA regulations prevent truckers from becoming too fatigued to drive safely. To help enforce these rules, drivers must log their status throughout the day as:
- Off-duty
- Sleeper berth
- On-duty, not driving
- Driving
However, trucking companies often pay drivers by the mile. This tempts some drivers to break the rules. In 2004, the FMCSA proposed a rule asking drivers to maintain supporting documents to verify the entries in their logbooks. However, this rule was shot down by the trucking industry, and never went into effect. Trucking accident attorneys deal with countless cases every year involving fatigued truckers and the tragic results of their dulled faculties.
If you or a loved one are involved in a Bay Area trucking accident and suspect the driver involved ignored these FMCSA standards, retain an experienced San Francisco trucking accident law firm. Bay Area attorneys at such firms can help you determine if federal safety regulations were violated in your case, and how to prove this negligence in a court of law.
Trucking accident lawyers
Serving clients throughout California, The Cartwright Law Firm has been in existence for over 50 years in downtown San Francisco. In that time, we have recovered tens of millions of dollars for individuals and families struggling to pick up the pieces and start life over again after a serious injury. For more information regarding our practice, contact the San Francisco trucking accident and personal injury attorneys at The Cartwright Law Firm today.
Filed under: General Law, Personal Injury | Tags: injury lawyers, motor vehicle accident, motorcycle accidents, Personal Injury Attorneys, trucking accidents
A local general practice law firm offers the advantage of working with a familiar lawyer whom you know and can trust. You have the convenience of establishing a long-term attorney-client relationship for your legal needs, and can feel comfortable about seeking legal advice whenever necessary. Local lawyers know the judges, prosecutors, and court staff along with the local courts’ particular procedures and ways of dealing with cases.
More personal injury claims are filed for auto accidents than any other type of injury claim. We frequently represent clients in motor vehicle accident cases, including trucking and motorcycle accidents.
Accident injuries can be severe, and obtaining adequate compensation to deal with medical bills, lost wages, and future lost income typically requires effective legal representation. Skilled injury lawyers have access to professional experts who can substantiate the cause of an accident and other party negligence, and estimate damages and future medical care expense. An experienced lawyer develops expertise in determining whether a settlement offer can meet your needs, and whether to pursue further negotiation, or take your case to trial.
Whether you seek legal help from personal injury lawyers, need legal advice for estate planning, legal counsel for probate, or effective criminal defense, find out how we can help.
Attempting to settle a personal injury claim on your own can put you at a disadvantage for a number of reasons.
In any line of work, professionals get educated, gain experience, and acquire a level of expertise that may make their work appear easy. However, a great deal of knowledge and understanding underpins successful results. Legal terms, court procedures, personal injury laws, and even insurance laws are often involved with the claims process.
Overcoming challenges in a personal injury case
Certain challenges, inherent to any personal injury case, generally involve investigating the accident or incident to determine the cause of injury, proving negligence or establishing liability, and estimating the amount of damages. Economic damages are fairly straightforward. However, determining monetary equivalents for pain and suffering, loss of quality of life, and other non-economic damages are not clear cut and are usually left for lawyers to argue and juries to decide.
Personal injury lawyers have to weigh the strength of a case and what type of recovery it might bring in court. When attorneys can develop and convincingly present a case, they gain leverage during negotiations. Most cases are settled outside of court. Yet failures to reach settlements can lead to lawsuits. Whether settling or trying a case, a significant amount of hard work and strategy goes into achieving a favorable outcome.
Legal complexities
The deadline to file a personal injury lawsuit is called the statute of limitations (http://research.lawyers.com/Ohio/Ohio-Statutes-of-Limitations.html). In Ohio, the statute of limitations varies depending on the type of personal injury or civil action taken. Even determining the date that the statute starts to run can be complicated and is best discussed with a lawyer.
Advantages of using a personal injury lawyer
Challenges and complexities are good reasons to obtain a personal injury lawyer. A personal injury lawyer can also offer advantages:
- You eliminate the stress of directly dealing with the insurance company.
- You get legal advice about how to proceed.
- You receive guidance about dealing with medical bills.
- Your lawyer navigates the legal process for you.
- Initial consultations to determine whether you have a case are free.
§ Personal injury lawyers represent clients on contingency—no fees are owed unless the firm recovers through settlement or verdict.
Filed under: Personal Injury
Most Bronx injury or Brooklyn injury does involve physical injury in some form. Negligence is a key factor in the majority of Brooklyn personal injury and Bronx persona injury cases. This means that another individual acted reckless and without caution and therefore caused another person harm. Car accidents slip and fall accidents, and medical malpractice are all typical examples of common personal injury cases.
However, in some circumstances, personal injury in Brooklyn or personal injury in the Bronx does not have to be physical. Some courts negligent infliction of emotional distress, or NIED.
Negligent infliction of emotional distress
NIED follows the theory that every person has a reasonable duty not to cause another individual emotional distress. Unlike typical Bronx personal injuries or Brooklyn personal injuries, there need not be any physical harm to file a lawsuit claiming NIED. Negligent infliction of emotional distress first became a separate tort in Hawaii in the case of Rodrigues v. State in which the plaintiffs claimed emotional distress from flood damage to their home.
In order to file a successful negligent infliction of emotional distress claim, the following four elements must be present:
- The defendant displayed outrageous or extreme conduct.
- Through reckless disregard the defendant intentionally or unintentionally caused emotional distress.
- The plaintiff suffered emotional distress.
- The defendant directly caused the plaintiff’s emotional distress
It is important to note that the majority of court jurisdictions in the U.S. frown upon the use of NIED in lawsuits. Personal injuries in the Bronx that are not physical are difficult to litigate because New York courts are especially unresponsive to negligent infliction of emotional distress claims.
Examples of NIED
Following are some examples of possible NIED cases:
- Wrongful disposal of a body by a funeral home
- A parent who observes the abuse of a child
- A spouse is misdiagnosed with a terminal illness
Proving physical personal injury
In New York, you are more likely to have success with a lawsuit if you sustained a Brooklyn injuries or Bronx injuries. However, in order for you to obtain a settlement, you must still show the following four basic elements of negligence:
- Duty
- Breach of duty
- Causation
- Damages
If you were physically or emotionally harmed and believe you have sustained personal injuries in the Bronx or personal injuries in Brooklyn due to negligence
If you suffer a personal injury in Brooklyn or the Bronx due to an accident, one of the first things you should do after seeking medical treatment is to send notice to anybody who could be at fault in the accident.
However, it is not your job to determine who, exactly, was responsible. That is the job of a Bronx or Brooklyn personal injury attorney. Your responsibility is to think of who might be at fault and notify them of the accident, your injuries, and your intention to file a claim.
Assessing responsibility in a Bronx or Brooklyn personal injury
There are a number of potential defendants in most Brooklyn or Bronx personal injury cases. Depending on the type of accident, some are easy to assess and some are not. For example, if you are involved in a car accident you should send notice to all of the drivers involved, the vehicle owners, the driver’s employer—if it is a company vehicle—as well as your own insurance company.
But even in a car accident, however, there may be other people or companies who should be notified. This is especially true in other kinds of accidents, such as a workplace injury in the Bronx or Brooklyn, or a product liability case. That is why it is very important to contact a personal injury lawyer at the outset of the claims process. An attorney will let you know who should receive a claims notice.
Sending notification letters
After determining who might bear responsibility for the accident and your personal injury, you should then write letters to those parties. Do not wait too long to do this. Try to have the letters posted within a few weeks of the accident. Again, you should have contacted a Bronx or Brooklyn injury lawyer by now who can help you determine who needs to receive notice.
When writing the letters make sure you stick to the basic facts: that there was an accident and you were injured in it. Do not make claims of responsibility or negligence or even describe the severity of your Bronx injury or Brooklyn injury. The point of the letter is twofold: it allows possible defendants to notify their insurance company and, if a claim is filed against them later, ensures they cannot assert that the claim came without due notice. Ask for a written response as acknowledgement that they have received your notice.
Due to the nature of their job, New York construction workers are at particular risk of suffering an injury at work. According to the Occupational Safety and Health Administration (OSHA), ten percent of all work related deaths are due to falls at construction sites.
Common points of equipment failure in scaffolding accidents in NY
Most injuries and deaths from a NY scaffolding accident are not the result of extremely dangerous conditions such as falling off the top of a skyscraper but rather, from routine activities. In fact, 41 percent of all falls are from ladders. Ladders and scaffolding pose a particular threat to construction workers who can easily become distracted or lose their footing in a proper, balanced position while on them.
In addition, scaffolding is often improperly built or lacking sufficient safety. The following scaffolding parts are particularly prone to neglect and failure to check those results in many NYC scaffolding accidents:
- Scaffold base-should be set on a firm surface that can handle weight.
- Fastening pins-must be used at all frame connection points.
- Guard railing-there should be top and mid rails in place in all situations where a worker could fall ten feet or more.
- Side brackets-if in use they are designed to support people only and a load not exceeding 500 pounds.
- Adjusting screws-should be used for adjustments in uneven grade conditions.
- Toe-boards-need to be in place on every side of the work platform that is ten feet or higher.
- Work platform decking-all work levels must be completely decked and consider load capacities.
In addition, OSHA recommends the following safety precautions to avoid a scaffolding injury in NY:
- Inspect all ladders prior to each use
- Promptly remove the defective ladder from use and label it “Do not use”
- Do not exceed the maximum load for a ladder
- Set up the ladder safely (barricade traffic areas such as doorways, etc.)
- Be cautious around live electricity
- Always maintain three points of contact with the ladder(a combination of hands and feet)
- Do not overextend on a ladder—keep your midsection between the side rails to maintain your center of gravity
Personal injury attorneys have in-depth knowledge of NY scaffolding accident law. We have successfully represented many clients who have been the victims of construction accidents in New York City. If you have been injured in a fall from a ladder or scaffolding due to improper safety measures, you may be eligible to pursue a scaffolding accident lawsuit against the responsible party. Call us today for a free consultation.
Filed under: AOP, Construction Accidents, General Law, Personal Injury | Tags: attorneys, lawyers
In New York, construction laws provide necessary safety regulations that help to reduce crane and scaffolding accidents in NYC. While national measures mandated by the Occupational Safety and Hazard Administration (OSHA) provide a high level of protection, the laws in New York regulate cranes and scaffolding even further, perhaps in part due to the increased dangers of construction work in New York City.
NYC crane accident laws
Under NY crane accident law, in order to legally operate a crane in New York, an individual is required to obtain a Crane Operator Certificate of Competence. Before even applying for the certificate, the individual must have at least three years of practical experience in crane operation under direct supervision of a certified crane operator. The applicant is required to pass both a written and a practical exam in order to achieve certification.
In addition, crane operation certificate applicants must become certified in operation of each of five types of cranes separately. By thoroughly training and certifying crane operators, crane accidents in NYC involving cranes tipping over, dropped loads, and other common mistakes can be avoided.
Recently, in 2008, new NY crane accident laws increased criminal and civil penalties for falsified building crane inspections, increasing fines to up to $5,000, and resulting in permanent loss of certification. In addition, the new laws made it a felony to alter or cheat on a crane operation licensing exam.
NY scaffolding accident laws
NYC scaffolding accidents and their prevention are regulated under New York Labor Law, Section 240. In keeping with OSHA standards, Section 240 mandates that all scaffolding structures be able to support at least four times the maximum expected load capacity without collapsing. However, Section 240 also extends these regulations to all hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropers, and other devices that serve similar purposes. Additionally, under NYC scaffolding accident laws, any scaffold structures 20 feet or more above the ground must be equipped with safety rails and be securely fastened so they do not sway away from the building being worked on.
Most significantly, however, Section 240 specifies that contractors, owners, and their agents are responsible for the scaffolding that is constructed on their sites, and that they therefore assume liability when a scaffolding accident in NYC occurs on their site. Professional engineers, architects, and landscape engineers are identified as exceptions to this regulation when they are not involved in the day-to-day on-site operations.
If you or a loved one has been injured in a construction accident in NY, you should consider consulting with an attorney who is practiced in NY construction law.
Filed under: Construction Accidents | Tags: accidents, attorney, attorneys, construction accident, lawyer, lawyers
Construction accidents in NY often involve extreme conditions, which can lead to severe injuries. But believe it or not, most NY construction accidents occur under at least one of the following top circumstances:
- Caught in/under/between. One or more parts of the body is pinched, crushed, or squeezed in equipment or machinery.
- Falls from elevation. A worker falls from a ladder, roof, scaffold, or other elevated surface.Fall at same level. A worker slips, trips, or falls on a flat surface.
- Struck by/against. A part of the body collides with a piece of equipment or machinery, or the body is struck by a moving or flying object, or severe noise impacts the worker’s ear drum(s).
- Motor vehicle accidents. Traffic accidents that somehow affect a construction site
- Musculoskeletal injuries. Injuries to the legs, knees, ankles, feet, back, neck, or arms that are caused by overexertion, kneeling, squatting, lifting, awkward postures, hand pinching/gripping/vibration, or exposure to other repetitive motions.
Specific examples of injuries
It is true that every NY construction accident injury is unique. But the following examples of injuries sustained on a construction site are common, and if sustained, may warrant assessment by a construction accident attorney in NY:
- Head injuries: Even when wearing a hard hat, it is still possible to suffer severe blows to the head that cause traumatic brain injury (TBI), closed head injury, concussions, and/or comas. Effects of these injuries include long-term complications and even death.
- Cumulative traumas: When there are excessive and repeated demands on the body, an individual can suffer from certain chronic disorders including stress injuries, carpal tunnel syndrome, and thoracic outlet syndrome.Spinal cord injuries: In serious falls or other impact injuries, the spinal cord can be damaged, or even severed. The results can include paralysis, which is generally irreversible.
- Severe wounds: When mishandled, complex tools and machinery can cause severe gashes or a deep wounds. If untreated, they could result in severe blood loss, infection, and, in some circumstances may lead to amputation.
- Dislocations: In sudden impact accidents to joint locations, bones at a join may overextend and become dislocated. It is not typical for dislocations to cause any long term injuries, but in the short term the dislocated joints must be immobilized in order to properly heal.
- White Finger Syndrome: It is possible for construction workers to develop this muscle condition from excessive use of vibrating power tools. Its long-term effects are dramatic loss of strength and grip in the fingers and hands, and overall discomfort in the hands that could even interfere with sleep.
If you or a loved one has been injured in a construction accident in NY, you should consider consulting with an attorney who is practiced in NY construction law.
Filed under: Lawyers | Tags: attorenys, attorney, injuries, injury, lawyer, lawyers
It would be impossible to list every injury you could possibly suffer. However, some lead people just like you to seek legal counsel every day.
- Wrongful death. Often pursued by loved ones of the deceased as compensation for the loss of his or her financial and/or emotional support.
- Burns. More than just an issue of pain and scarring, burns can carry lifetime physical consequences.
- Brain and spinal cord trauma. One of the most damaging types of injuries that can occur, often leading to major life changes for victims and their families.
- Amputation. Although science has come a long way with prosthetics, nothing can truly replace the body a person was born with.
- Child injuries. Some of the most heartbreaking cases involve the most innocent of victims: those who cannot always speak for themselves.
Other personal injury cases we handle include the following:
- Work-related injuries
- Motor vehicle accidents
- Medical malpractice
- Nursing home abuse and neglect
- Premises liability
- Product liability
- Sports-related injuries
- Animal mishaps
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