Legall Bug
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.
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: General Law, Legal | Tags: attorney, defective products, law, lawyer, legal advice
Product liability law is an area of practice meant to protect consumer from defective products and services that negligent manufacturers have built and marketed. Essentially, it argues that a company who provides a product is in the best position to prevent defective items from reaching consumers, and should be held accountable when it fails to do so.
When companies ignore or violate their legal responsibilities in this regard can help people who are injured by the product recover the compensation to which they are legally entitled.
Burden of proof in a product liability case
At one time, the rule of thumb in product liability cases was caveat emptor, or let the buyer beware. This has changed, and now the legal concept of strict liability is the one to which manufactures are usually held.
Under this standard, manufacturers are responsible for any injuries caused by defective or unreasonably dangerous products that they produce, even if they were not negligent in their creation or marketing.
Therefore, in a legal case based on a product liability claim, the injured person must prove that a design or manufacturing defect caused the injury, or that the manufacturer failed to adequately warn consumers about the potential dangers of using the product.
Furthermore, the plaintiff must prove the product was being used in the manner in which it was intended at the time that it caused the injury.
Types of products involved in such cases
There really is no limit to the types of products that can be involved in a product liability lawsuit, but the most common types of products involved in such litigation normally include:
- Clothing
- Asbestos
- Chemicals
- Makeup
- Weapons and firearms
- Food
- Tools and machinery
- Medical products and devices
- Automobiles, motorcycles, and other motor vehicles
- Pharmaceutical products,
- Tobacco
Did I miss anything? Agree or Disagree?
Filed under: AOP, General Law | Tags: disabled, hand tag, handicap, parking
In order to fight the abuse of disabled placards and tags—the signs that disabled individuals display in their vehicles to take proper advantage of handicapped parking spaces—the State of South Carolina announced a new law at the end of 2009.
In December of last year, the South Carolina Department of Motor Vehicles announced that disabled placards will now feature a photograph of the individual to whom it was issued.
Disabled tags themselves will also be redesigned in order to look more like regular, state-issued plates, and both placards and tags will now include certificates that verify their eligibility and authenticity.
Why the change?
Sadly, because it is necessary. Illegal handicapped parking is a major problem in the state of South Carolina. Some perfectly able-bodied individuals illegally use handicapped parking placards and tags issued to disabled friends or relatives, and some people who are no longer considered disabled keep their placards and tags long after they are no longer medically eligible to use them.
Drivers who currently own valid disabled placards can keep them until they expire or until the end of 2012, whichever comes first. At that point, those placards and tags must be recertified with a physician before a photo placard may be issued to them at a cost of one dollar.
Penalties
The state imposes a $500 fine for violating this law. Some people do not think this fine is enough to sufficiently deter the abuse of handicapped placards and tags, so do not be surprised if this issue is debated further in the state legislature.
Many lawmakers may also argue that the real issue is the lack of enforcement surrounding those who abuse state-issued handicapped placards, so also look for more patrol cars policing handicapped parking spaces and the eligibility of those using them.
Lastly, look for increased scrutiny of doctors who validate handicapped placard eligibility. Most doctors are ethical in this regard, but some hand out such documentation freely and without regard for state rules.
Filed under: General Law, Legal | Tags: advice, arbitration proceedings, arguments, attorney fees, benefits of settling, counsel, economic benefits, financial burden, interests, knowing when to go to court, knowing when to settle, lawyer, legal dispute, litigation forum, negotiations, settlements, should I settle now or go to court, trial litigation
Should I Settle Now Or Go to Court?
Knowing when to settle and when to go to court during a legal dispute is never a straightforward decision. Each choice presents different options and potentials that are ultimately difficult to predict. For every case, the circumstances undoubtedly influence whether or not you should settle or go to court.
The benefits of settling
Legal endeavors are time consuming, and the first and foremost benefit of settling is that your dispute has reached an end. This means less time spent devoted to managing your legal issue and more time available to reconnect with other parts of your life.
Next on the list are the economic benefits of settling a dispute. Attorney fees can be very expensive, especially during active trial litigation, and getting that financial burden off your plate can be a sure benefit to your financial health.
Sometimes settling can mean that you have to pay more than you want to, but, if the cost of continuing to litigate outweighs the potential benefit of the settlement you desire, settling might be worth it in the long run.
What you might gain at trial
Pursuing a case in court will put the final decision in the hands of the court. A judge will have the ultimate say in your dispute and his or her decision is a final order. In certain cases, a person may be eligible for appeal if new evidence has surfaced or there was some sort of court error made while reaching the judgment.
The benefit of having a court make the final decision is that you have the opportunity to prove your claim. During mediation and arbitration proceedings negotiations are taking place which is very different than a litigation forum.
When you take your case to court you have the chance that the judge will favor your arguments and award you with a settlement in your best interests. Most of the time, during alternate dispute resolution, both sides have to compromise to reach a settlement. A court decision can mean that you will not have to compromise.
A lawyer’s advice
Rely on your attorney’s counsel and advice to help you decide whether you should go to court or settle. He or she has insights into the law and experience with the courts that is invaluable in determining what is truly in your best interest.
Filed under: AOP, Family Law, General Law, Legal | Tags: benefits of using a local law firm, business, can going local help my case, client-focused legal services, help, how to find a local law firm, interests, large corporate firms, Legal, local families and individuals, opposing counsel, paralegal, principal, problem, professional, represent cases, rights, senior attorney
The Benefits of Using a Local Law Firm
Can going local help my case?
The benefits of using a local law firm are numerous and can be very similar to the benefits of using a local repair shop for your favorite hot rod or a local construction company that specializes in the type of 18th-century Victorian home that you own. In each case you get the kind of hands-on, detailed service administered by professionals with a particular knowledge of your needs.
For people seeking legal representation for individual, familial, and even business needs a local law firm offers a wealth of insights into the legislative faction of your community. A local law firm brings these assets to your case:
- Knowledge of the local laws that influence your case
- Experience with the local courts, judges, and prosecutors
- A reputation in the community
Some local law firms may even have experience litigating against opposing counsel that they can leverage to develop anticipatory strategies. Others may have lawyers that routinely represent cases like yours and have argued in front of the judge appointed to your matter on several occasions.
Client-focused legal services
Local law firms are also typically smaller in size than large corporate firms. This means that less people handle your case and that often a partner or senior attorney is the principal, if not sole, lawyer assigned to your case—instead of a team of associates assisted by paralegals and support staff.
Talking out your legal problem with an experienced professional in a one-on-one setting can be very valuable. It can help your really understand what is at stake in your lawsuit and how you can protect your rights and future interests while resolving the issue. Offering personalized service enables a local law firm to focus on the important issues—the client and their legal problems.
Filed under: Family Law, General Law, Lawyers | Tags: call or email the office, clients, contact, cost, experience, find, find an attorney, firm, handle your case, how to find a lawyer, how to find an attorney, how to search for lawyers, informed consumer, law, lawyers and firms, legal needs and professional standards, legal relationships, openness, practicing law, professionalism, research and interviewing, trust
How to Find a Caring but Tough Attorney
Legal counsel that meets your needs
Finding the right attorney to suit your legal needs and professional standards is very important to the outcome of your case. Legal relationships between an attorney and a client require a certain amount of openness and trust in order to fully address the legal issues at hand.
Caring and tough is an excellent combination for a legal counselor. On the one hand, you know that your lawyer has the interpersonal skills to empathize with your situation but you can also feel confident this person will not let that empathy cloud his or her legal judgments.
Steps to find the right lawyer for your case
It can take some initial work in the form of research and interviewing to find an attorney with whom you feel comfortable. A few simple steps can make this process much easier:
- Start online. A simple search will return dozens of lawyers and firms in your area that handle cases in your field. Try a keyword phrase like “family law in Tucson” that is applicable to your legal needs.
- Evaluate the firm’s website. Does it meet your standards? Are you comfortable with their marketing messages? A law firm’s online image is closely intertwined with their representation style, and you should feel comfortable with this aspect of the firm you hire.
- Make initial contact. Call or email the office and discuss your legal needs with the support staff, or, if available, the lawyers at the firm.
- Ask tough questions. You want to know they can handle your case, and this requires a little bit of digging. Have they had a case like yours? How long have they been practicing law? If caring and tough is what you are after, ask them how they handle a difficult situation.
- Explore your options. Chances are there are several lawyers in your area that handle cases like yours. Make it your goal to find the one firm that best supports your legal needs in terms of cost, experience, friendliness, and professionalism.
- Retain counsel. This last step you can make with the confidence of an informed consumer. You have done your research and considered all available options.
Hope this Helps Y’all!!!
Filed under: General Law, Malpractice | Tags: health care, healthcare, law, Legal, medical malpractice
This is a question on many people’s minds, and there seems to be a lot of disagreement. The issue of medical malpractice lawsuits is a very sensitive one in the debate over rising health-care costs according to Politico.com. Senator Max Baucus wants to discuss malpractice suits in his health-reform plan.
In order to improve health care and reduce costs, The American Medical Association says tort-reform measures need to be considered. On the other side, The American Academy of Family Physicians understands the importance of coalitions. Tes Epperly, president said, “With Congress the way it is right now, liability reform could be a bit of a deal breaker if we got sidetracked into that. I would hate to put it in the package and have the whole thing break apart.”
Are doctors over-burdened by expensive malpractice insurance? Some say yes. Attorneys, of course, indicate that protecting patient’s rights is first and foremost and if it takes a lawsuit to do that, then so be it. Trial lawyers plan to distribute a 29-page research piece indicating that lawsuits aren’t causing the cost of care to rise.
President Obama seems open to some changes, but has a “wait and see” attitude. Insight into his opinion came in the New England Journal of Medicine a few years ago where he (along with Hillary Clinton) said, “Instead of focusing on the few areas of intense disagreement, such as the possibility of mandating caps on the financial damages awarded to patients, we believe that the discussion should center on a more fundamental issue: the need to improve patient safety.”
What do you think? Sound off…
Filed under: Employment Law, General Law | Tags: attorneys, domestic partnership, gay rights, lawyers
Sometimes the laws in the United States make no sense whatsoever. What is supposed to apply to all groups, regardless of creed, race, religion, or gender, many times, does not. To many, especially those in disadvantaged groups, they can appear to be a double standard. This is especially true in a recent immigration case in California concerning Shirley Tan, who has been with her partner, Jay Mercado, for 23 years. The women have twin 12-year-old sons and have been registered domestic partners for 18 years.
The problem with this? The federal government only recognizes a marriage between a man and a woman. As a result, federal authorities ordered Tan, who is not a U.S. citizen, to be deported from San Francisco to her native Philippines.
Domestic partnerships and even legal same-sex marriages, such as those last year in California aren’t recognized as valid in immigration cases. This is according to the federal Defense of Marriage Act.
As a result of her deportation order, Tan contacted her congresswoman, Rep. Jackie Speier, D-Hillsborough, about the issue and received a three-week stay of the deportation order.
“This is good news, since we now have a little more time for the legal process to work,” said Tan’s attorney, Phyllis Beech. “If this was not a same-sex couple, the spouse of an American citizen would be able to immigrate fairly quickly and fairly easily. Instead, they’re being discriminated against because they are lesbians.”
It seems that gay couples are always the last ones to have their rights protected. This is a very unfortunate commentary on the American culture, but hopefully this will come to an end soon. New legislation, which ensures that multi-national couples are allowed to stay together in the United States, has recently been proposed.
The progressive legislation, known as The Uniting American Families Act would allow gay and lesbian Americans and permanent residents to sponsor their foreign-born partners for legal residency in the United States.
Behind the proposed law is Senator Patrick Leahy (D-Vt.) and in the House Jerrold Nadler (D-N.Y.). The law would add “permanent partner” and “permanent partnership” after the words “spouse” and “marriage” in relevant sections of the Immigration and Nationality Act.
“Under current law, committed same-sex foreign partners of American citizens are unable to use the family immigration system, which accounts for a majority of the green cards and immigrant visas granted annually by the United States,” Mr. Leahy said upon introducing the bill. “The promotion of family unity has long been part of federal immigration policy, and we should honor that principle by providing all Americans the opportunity to be with their loved ones.”
About 35,000 bi-national, same-sex couples are currently living in the United States.
Sixteen countries, including Australia, Brazil, Canada, Israel, South Africa and the United Kingdom, allow residents to sponsor same-sex permanent partners for legal immigration.
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