Types of Damages

When you hire a personal injury lawyer to help you with your claim, you are essentially giving them the responsibility of ensuring that the compensation or settlement given to you will be “fair” and coincides with the injury that the accident caused. A great number of personal injury claims often lead to settlement out of court, mainly because going to court would be costly and will not always provide a good result. It is therefore important for personal injury lawyers to have a justifiable injury settlement to avoid spending unnecessary time, effort, and money for a court-based process.

Each personal injury claim is unique, and so Crowe & Mulvey, LLP, suggests that in order for you to have a fair and appropriate amount of compensation for your damages (legalese term for injuries and losses), you have to understand the damages that are applicable in your own specific case. Damages have three basic types: the economic, non-economic, and punitive. Unless the injury was very severe and the defendant acted very egregiously, punitive damages may not be necessary and will not be a part of the settlement. Economic damages can easily be proven with records, documents and receipts showing your expenses (both past and future) relating to the injuries and property damage, while non-economic damages will cover for emotional and/or psychological damages that the accident caused. This may be harder to compute and would need further evidence to be presented in order to justify the amount given.

After an amount has been determined, it will be your lawyer’s responsibility to inform the other party through a demand letter. There should always be room for negotiation, so it is highly advised to have an amount higher than the “bottom line”. The other party will present a counteroffer lower than your given settlement, and negotiations between both parties will eventually lead to a settlement. If not, then the claim will go to court and either the judge or jury will decide on the amount of compensation.

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Highway Defects and Car Accidents

Automobile accidents are sadly a common event across the United States. As found by the United States Census Bureau, about 10.8 million auto injuries were reported in the year 2009 alone. In most of those circumstances, as the NHTSA points out, around three-fourths are caused driver’s errors and by traffic offenses. Yet another frequent factor adding to these numbers are dangerous street conditions brought on by highway defects and poorly kept roads.

Other hazardous street conditions and freeway problems may place drivers in plenty of high-risk situations that could result in injuries that are severe. In such mishaps, they also confront the risk of significant harm which will definitely leave devastating results on their lives that are individual. According to the website of Habush Habush & Rottier S.C. ®, common highway defects include potholes, uneven repayments, deficiency of important traffic indications, and lack of guardrails over the edge of the route. Other typical highway dangers comprise make drop-water pooling.

Dangers and such highway problems may easily be prevented with proper street maintenance. The local government is kept responsible for such obligations and is accountable for making sure that the roads and safety methods meet with. In cases of injuries caused by road conditions that are hazardous, the government is normally free from any responsibility as long as they follow accepted building strategies. Therefore, they could be exempt from paying victims’ compensation that is earned to them.

Casualties have the legal choice to look for reparation for damages caused by injuries from highway accidents. Injuries from car mishaps can definitely make serious effects on an individual’s life as victims explain. In case you are in a crash due to hazardous street conditions and other highway hazards, you might not be unable to carry your municipality answerable for the accident.

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Exposure to Toxic Substances

All careers have some risk associated with them. Even desk jobs can lead to injuries such as carpal tunnel syndrome. However, some careers are far more dangerous than others. Employees of these jobs are at a much higher risk for severe injury or danger. Some jobs, such as construction, require employees to work closely with a variety of substances that are considered toxic to be exposed to. If these toxic substances are not properly stored or handled, there can be severe consequences if employees are exposed to such a substance. It is important to be aware of the chemicals, the proper precautions that must be taken when handling them, and the potential consequences that can occur If these precautions are not taken, so that employees may be as prepared as possible when working closely with these substances.

According to the website of Oklahoma personal injury attorney Ed Abel, effects of being exposed to a toxic substances can include: poisonings, respiratory illnesses, brain damage, some forms of cancer, and neurological damage. There are three different types of toxic substances. The first is chemical substances- these are inorganic substances and are most commonly found in the workplace on construction sites. The next is biological substances. These occur naturally and result in bacteria and viruses that can cause sickness and infection. Physical toxins, such as asbestos, are toxic due to the way their physical nature interferes with biological processes.

Sometimes injuries or diseases caused by exposure to toxic substances are due to a tragic accident that could not be avoided. However, sometimes these unfortunate situation occur due to the negligence or carelessness of an employer or other party. In these cases, the victim of such an exposure to a toxic substance may be entitled to certain damages.

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3 Experiences Every 20 Something Should Have in Appleton

Ah, the Millenials. From the generation before them, quite a lot of people tend to think lowly of them when, in truth, they simply have different priorities and desires than the previous generation. They seek fulfillment more than they do security and they are driven by passion and excitement and thrill – and, perhaps, you may be asking: what’s a 20 something person to do in Appleton? Well, there are certainly a few things that this town can offer in the way of that.

You can, for example, learn something new about something you may never have glanced at twice before, such as at The Olive Cellar where they offer a variety of oils from all over the world. More than just oils, however, there is also pasta that is available and was made fresh locally every single time.

Want to try something a bit more daring for a change? Well, Simon’s Specialty Cheese can certainly offer that much through the various cheeses that are available on sale. This place has it all, when talking of cheeses – both local and domestically available ones – and only the best of the best is offered in this establishment. Their fudge has been deemed unforgettable and their fried curds are a definite must try, if you so happen to find yourself here for a visit.

And, of course, no visit to Appleton, WI can be complete without a spending time through the Downtown Cool Trolley. It’s a great way for tourists to just lay back for a little while and just enjoy the sights and sounds that this quiet, quaint, but magical town has to offer. It’s a great way to end the night on a high but chilled out note – maybe after dinner, before you part ways with your friends, making sure to mark this night well spent with oils and cheeses as one that you will definitely remember as one of the best.

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Never Shake a Baby

Infants require more care and attention than your fantasy football league and fine china combined. However, sometimes there is such a thing as too much attention if it is from someone who does not have a baby’s best interest at heart. Shaken Baby Syndrome or Abusive Head Trauma is a prime example of this.

Shaken Baby Syndrome occurs when one shakes a baby enough to where their brain rattles around in their skull and ruptures blood vessels and nerves and tears brain tissue. The damage is especially worse when the shaking ends with an impact of the baby’s head on a hard surface.

Abusive Head Syndrome can happen to a child up to five years old. The average age of a victim is three to eight months, but the highest rate in which Shaken Baby Syndrome occurs is six to eight weeks, when babies cry the most. Babies with special needs or siblings are more at risk than those not a part of these demographics. Children in low income households are also more at risk.

Males are a clear majority when comparing which gender causes Shaken Baby Syndrome more often. 70% of the culprits are men, many of which are either their fathers or their mother’s boyfriends. Most of the people that cause Shaken Baby Syndrome are in their early 20s.

Normal interaction with a baby will not cause Shaken Baby Syndrome. It is okay to bounce your baby on your knee or rock them to sleep. However, if you are mad at or annoyed with your baby, it is best to keep your distance until you can calm down.

The website of the Chris Mayo Law Firm says that coping with the injury of an infant is difficult for parents to face. If your child’s caretaker has a bad temper and doesn’t know not to shake the baby, they could cause serious harm. It goes without saying, but it’s good to reiterate: only leave your child in the hands of people you absolutely trust.

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Laws that Ensure Gender Protection in the Workplace

According to the US Equal Employment Opportunity Commission (EEOC), sex or gender is the basis of one of the most widespread types of discrimination in the workplace. This type of discrimination can be committed through: unfavorable treatment of a person simple because of his/her gender; less favorable treatment of a person due to his/her being connected to a group that is associated with people of a particular sex; or bias against someone due to his/her being a transgender, bisexual or gay/lesbian.

With regard to gender identity, which concerns lesbians, gays, bisexuals and the transgender, the Obama administration held that those it referred to are worthy of the same legal protection against workplace discrimination just like everyone else. Thus, due to the move of the Obama administration to include gender identity in the classes protected by EEOC, the latter ruled on July 1, 2011, that job discrimination against lesbians, gays, bisexuals and the transgender (LGBT) signified sex-stereotyping and, so, violated Title VII of the Civil Rights Act of 1964.

Title VII of the Civil Rights Act, which was made a law by the US Congress in 1964, forbids all forms of job discrimination in any aspect of employment. According to the website of Cary Kane Legal, this act is meant protect employees and job applicants from discriminatory acts that may be based on color, race, religion, national origin and sex, in matters concerning hiring, promotion, job training, job assignment, wage, fringe benefits, firing, and so forth.

Protecting one’s rights and interests in matters relating to salary in relation to his/her gender has also been made the concern of another law, one that was passed a year ahead of Title VII: the Equal Pay Act of 1963. This law illegalizes sex discrimination in salary scales; it specifically mandates that women and men, who are assigned to perform substantially the same work in the same establishment, should be given the same amount of pay.

Aside from Title VII and the Equal Pay Act, there are also laws that prohibit anyone who has been charged with workplace discrimination from committing any act in retaliation against the person who filed the discrimination charge.

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The Crime of Shoplifting

Shoplifting is okay. Everybody does it, and it’s not as if anybody got hurt. What’s the big deal?

These are the commonly expressed sentiments when some teenager is caught with unpaid merchandise under their shirt or in their backpack. Shoplifting is not ok. Make no mistake, shoplifting is a crime. Shoplifting is theft.

But it is true that a lot of people do it. In fact, statisticians estimate that 1 out of 11 people in the US have shoplifted at least once. That means about 27 million shoplifters in 2013.

It would also not be accurate to say that shoplifting is harmless. Every year in the US, about $13 billion worth of goods are lost due to shoplifting, and that’s not even counting the costs associated with surveillance, apprehension, and prosecution of shoplifters. About 3% of shoplifters are professionals.

While it is common for teenagers to shoplift simply for the thrill of it and don’t even plan to do it, the lack of premeditation and intent to profit from their actions is not a defense against criminal prosecution.

Perhaps the prevalent idea that shoplifting is not a serious offense is because of the distinction between petty theft and grand theft. This distinction is based on the value of the product or service stolen wherein if the value is less a certain amount, it is considered petty theft, and anything over that certain amount is grand theft. In Texas, the threshold is $500, so most shoplifting falls under petty theft.

But even if it is petty theft, the sanctions are quite serious. According to the LOMTL website, for stealing anything under $20 you can be fined $500 and a Class C misdemeanor tacked on to your record. For anything of value between $20 and $500 you can actually go to jail, pay a hefty fine, and you now have a Class B misdemeanor conviction. There’s nothing petty about those sanctions. Actually, shoplifting is a pretty big deal.

If you are charged with shoplifting, you shouldn’t treat it as a joke. You need an experienced criminal defense lawyer to protect your rights and to hopefully get you off the hook, or you could be paying for that thrill decades down the road.

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Pregnant Women and Xarelto

There have been as yet no extensive human studies of the effect of Xarelto (rivaroxaban) for women who are pregnant. However, there are indications in animal studies that the drug may not be the best option for pregnant women. Extremely high doses of Xarelto resulted in bleeding, miscarriages, or low birth weight in pregnant rabbits and rabbits. The Food and Drug Administration (FDA) has classified the drug as Category C, meaning that the potential for risk to a human mother and fetus is unknown, but have resulted in adverse effects in animal subject, and not recommended unless the benefits outweigh the possible danger.

Xarelto is typically prescribed for patients with atrial fibrillation, non-valvular atrial fibrillation, deep vein thrombosis, and as post-surgical treatment following hip or knee replacement. If a woman who is taking Xarelto becomes pregnant, it may be necessary to discontinue the treatment. It will all depend on what the attending physician believes is in the best interest of the patient.

There are other options that are considered safe for pregnant women with blood clot problems such heparin, but there may be instances where the patient is unable to switch to available alternative medication because of an allergic or other adverse reaction. In such cases, Xarelto may still be a viable option.

It is important to note that a Category C medication may still be safe to use despite the discouraging results of animal studies because animals don’t always have the same reaction to drugs as humans. It is a case of loading the dice on the part of the FDA; ultimately it will boil down to the needs of the mother.

However, as discussed on http://www.williamskherkher.com/practice-areas/defective-pharmaceuticals/xarelto/, Xarelto poses an increased risk of uncontrollable bleeding in all patients, pregnant or not. There have already been claims that the drug is inherently too dangerous to be taken, and that drug distributor Janssen Pharmaceutical and maker Bayer AG knew or should have known that the risks outweighed the benefits of taking the drug. If you were prescribed with Xarelto, and you or your baby sustained some serious injury as a result, you may have a case against one or both companies. Consult with a dangerous drug lawyer familiar with Xarelto to find out more about your legal options.

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Criminal Defense Doctrines

States have their own penal codes, but in general follow common doctrine as it is embodied in federal law. In criminal defense, there are doctrines that are acceptable in most courts that will mitigate or nullify a criminal charge. Below is a list of the most common criminal defense doctrines.

Necessity

The defendant justifies a criminal act because it was to and did prevent a greater evil and there was no other legal alternative. An example would be a person charged with driving under the influence (DUI) may argue that driving prevented a kidnapping.  This is a complex issue, and courts are careful about accepting this type of defense.

Duress

This is usually a partial affirmative defense in which the defendant maintains that the act was committed in an unavoidable situation and under the immediate threat of death, violence or harm by a third party of the defendant or another person. An example would be robbing a bank under the direction of another person who will otherwise kill a family member who is under that other person’s control.

Automatism

This is a defense that includes involuntary intoxication and diminished capacity, in which the defendant maintains he or she had no control over their activities, or did not know right from wrong because of some permanent impairment or because of a temporary incapacity from the effects of a drug or other chemical. An example would be a drunk driving charge in which the defendant had unknowingly ingested alcohol at a party i.e. spiked punch.

Self defense

This is a familiar defense against charges of murder or battery, in which the defendant maintains the criminal act was executed as protection from the victim’s own violence.  With this defense, the defendant has to prove that the use of force was reasonable, and that the situation could not be avoided. An example would be a woman being raped hitting the person on the head with a rock to get away from her attacker.

Mistake

It is possible to avoid a conviction by claiming a mistake of fact. This is different from ignorance of the law which is not admissible as a defense. A person may known the law but still break it because of a misrepresentation or misunderstanding of the facts. An example would be the defendant entered a stranger’s house by mistake. While it is technically trespassing, there was no intention to do so.

These are by no means a complete list of criminal defense doctrines, but they are some of the most popular. If you ever need to choose one as a practical matter, leave it to your criminal defense lawyer to decide which one.

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Facing Marijuana Possession Charges

arrested for marijuana need lawyerBeing charged with marijuana possession can cause serious damage to you and your family. There are social stigmas for being charged that can be strenuous to handle. Because marijuana is an illegal drug in many states, crime accusations can lead to high fines and penalties that are too steep for many people. Different states have different approaches to drug charges, and depending on the state, you will need a specific layer who knows the state laws and the proper defenses for such cases.

The website of The Law Office of Daniel Jensen, P.C. points out the severity of even a simple drug charge, therefore having the right defense could protect you and your life from and type of social stigma or discrimination that will come with the charges.

Marijuana is one of the most widely used illegal drugs not only in the United States, but also around the world. Currently two states allow their citizens the recreational use marijuana. Although there are states that allow the use of marijuana for medical purposes, you would need to have a prescription in order to possess and use it, while other states have certain limits on the amount of marijuana that a person can possess without being charged with a crime. Once caught in possession of marijuana, there are some factors that can affect the fines or penalties that can be given to you.

First, take into consideration the state laws and the federal jurisdictions where you have been caught. Being caught by federal law enforcement officials could mean that you have been under their radar for some time, possibly for large scale drug trafficking operation and such. Another factor to check is if your state has decriminalized marijuana. This means possession of marijuana on a certain small amount can be legal and is not punishable by law. The amount can also be a factor, whether they are for possession, manufacturing, sale, or growing.

Even though possession of marijuana is not often viewed as a serious offense as compared to other illegal drugs, it can still provide stiff penalties. Minimizing your sentence or fines mean finding the right lawyer who is aware of state laws and proper criminal defense against possession of marijuana. Since the effects of being charged with marijuana lasts a long time, protecting your rights is a must. After some time, it’s possible to have the crime removed from your record, but that is another complicated process. Your best bet would be to fight the drug possession charge and never have it put on your record in the first place.

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