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Four Legal Options to Consider With Your Truck Accident Lawyer

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Collisions involving semi-trailer trucks happen on a daily basis. Due to the obvious size difference between a car and a big rig, when you are in a passenger vehicle, a trucking collision often results in critical injury. And when there is a fatality, the victims are almost always those in passenger vehicles. According to the Department of Transportation, approximately 500,000 of these traffic mishaps occur each year in the U.S. With that in mind, here are four legal considerations you can explore with your truck accident lawyer before deciding to file a claim.

1. Who Is Liable?

One of the first options to explore is whether you can establish employer liability. Determining liability answers the question of who was at fault. If the big rig driver is employed by a trucking company, your attorney may be able to pursue a claim against the corporation itself, as long as the employee was acting within the scope of his employment when the incident occurred. It is also important that a detailed investigation is conducted at the scene of the mishap in order to effectively establish liability, including taking statements from any witnesses.

2. What Injuries Were Sustained?

In order to successfully pursue a claim against a liable party, you must show that you sustained a physical injury as a result of the accident. If you cannot show physical harm, then your claim cannot result in a monetary judgment that is meant to compensate you for your injuries. You must also prove that these injuries were a direct result of the truck collision and not by any fault of your own. Your truck accident lawyer can help by jumpstarting the investigation and establishing both liability and damages immediately after the incident.

3. Is Money Available If Your Claim Is Successful?

Once you establish liability, you can then take a look at the alleged party at fault and make sure they have means to pay any damages suffered. For example, if you successfully establish that the semi-trailer company is at fault, it is important to know if they have adequate insurance coverage to pay for damages. If the party at fault is unable to pay, another option could be if you have coverage on your individual insurance policy to cover accidents that result from uninsured drivers.

4. Can You Settle?

An additional option to discuss with your truck accident lawyer is whether to pursue a settlement out of court rather than proceeding to trial. If you have established liability and the party at fault is offering to compensate you without having to deal with the stress and expense of a trial, a settlement can be a valid option. On the other hand, if you are not offered a fair settlement, it can be worthwhile to proceed to court. Ultimately, your attorney should help you get compensated for the total extent of your injuries, your medical bills, any wage loss, as well as any pain and suffering.

With these considerations in mind, you and your truck accident lawyer can effectively explore the best options for your specific case.

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Everything you should know about employment law

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Senator Says Businesses Bearing Burden Of Unemployment Fraud
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Employment law is the thing that regulates the partnership between employers and their employees. It encompasses every part of employment from the hiring process to the very end and the exit process. Its sole purpose is to make sure everyone is treated fairly. Employment law is a complicated process and is full of potential pitfalls. In order to stay ahead of the game, it is worth hiring a lawyer that specializes in this area, like the ones from HKM, who are able to help you navigate the twisting turning waters of employment law. Here is a little introduction to employment law and what may affect you. 

Recruitment 

When you are recruiting people, all you need to do is hire good people, then you will have little problems later on. However, this is easier said than done. People make instant judgments and have to follow their guts about candidates. This can lead to having to sack a new hire which can lead to legal difficulties. One of the best ways to avoid this is to make sure that your interviewers give everyone a fair chance but also to probe an interviewee if they are just regurgitating information easily found on the internet.

Working time regulations

No matter how much work you need to get done, you need to follow the working time regulations when it comes to working hours, breaks, and paid annual leave. Staff should not be working more than 48 hours a week unless they have agreed to and should have access to see how many hours they have worked. By keeping track of this and keeping everything transparent you can ensure that people are not feeling taken advantage of.

Employees rights

Employees should receive a statement and contract setting out the terms and conditions of their employment. Certain rights may not be written but are often implied. You should try and foster a relationship of trust and confidence with your employees. This can be created by allowing a reasonable amount of privacy, the ability to join a trade union, and the entitlement to stop any employer wrongdoing. Granting these small things can keep up staff morale and prevent legal clashes later on.

Disciplinary procedures

The main thing you should do is to set out transparent disciplinary and grievance procedures for your employees to follow. This will make things easier if you need to let someone go as you will have a written record of just cause for the dismissal. The grievance procedure can also call you to show that you listen to feedback and can act on it should you see something wrong within your company. This can stop you from fighting tough legal battles later.

Employment law

This is not an easy aspect of the law as it constantly evolves and thus you can be caught out. This is why you should seek to hire an employment lawyer who can guide you through these difficult times. Make sure to protect you and your business by complying with the law of your state.

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How Damages Are Calculated In A Personal Injury Case

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How Damages Are Calculated In A Personal Injury Case
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A personal injury case is a civil matter brought by an individual who has been injured because of the negligence or careless act of another person, company, or entity. Several factors are considered to determine how much money the injured person should receive as damages.

Severity of Injuries

The severity of injuries is the number one factor in determining damages – the more serious the injuries, the greater the damages will be. This is because the injured person will likely have more medical expenses and may miss more work. In addition, they may suffer from long-term or permanent injuries that will require ongoing care.

Injuries aren’t just limited to physical traumas. Emotional injuries, such as PTSD, can also result in a large settlement.

Cause of Injuries

When a personal injury occurs, the second most important factor will be the cause of the damage. In order to prove that the defendant’s negligence is responsible for the injury, it’s best to hire personal injury lawyers who can show that the defendant acted recklessly or failed to meet a reasonable standard of care. By showing that the defendant could have prevented the cause of the injuries, plaintiffs can ensure the best financial outcome for a settlement.

Settlement v. Trial

The third most important factor in determining damages in a personal injury case is whether or not the case goes to trial or is settled out of court. The benefits of a settlement are that it is typically quicker and cheaper than a trial.

If the case goes to trial and the jury awards the plaintiff damages, the amount will typically be much higher than if the case had been settled out of court. This is because juries often feel more sympathetic towards plaintiffs and are willing to award them greater damages.

How Much Compensation Can Be Received in Personal Injury Cases?

The overall total that can be received in a personal injury case will depend on the aforementioned factors. In unfavorable scenarios, the case is dismissed, and no compensation is awarded.

However, in most cases, the injured person can expect to receive a monetary award to compensate them for their medical expenses, lost wages, and pain and suffering. In addition, punitive damages may also be awarded when the defendant acted recklessly or intentionally caused harm.

Some of the more famous personal injury settlements include the following:

  • $2.9 million awarded to a woman who suffered severe burns after being scalded by coffee from McDonald’s.
  • $37 million awarded to a man who became a quadriplegic after a car accident.
  • $5 million awarded to the family of a woman killed in a drunk driving accident.
  • $10 million awarded to a man who was paralyzed in a construction accident.

When considering a personal injury case, it is important to understand how damages are calculated. By understanding the factors that are considered, you can get a better idea of what you may be entitled to receive if you are successful in your case.

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William D King: What Is a Criminal Lawyer?

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What Is a Criminal Lawyer? Types of criminal lawyers and how to find them!

A criminal trial is considered the most complicated and expensive trial of all cases. Though many people can represent themselves in court, it is always advisable to seek the services of a criminal lawyer for representation. It must be noted that there are several types of lawyers and so it is important to know the type of criminal lawyer you are looking for.

What role do Criminal Lawyers play?

Criminal lawyers are usually seen either in US television shows or movies. It depicted that lawyers like to argue with judges and everyone else around them. However, the reality is not much closer to how it is seen on TV; lawyers do not act like aggressors in courtrooms. They are professionals who know what they exactly need to say and when they need to say it. A criminal lawyer’s job is never over until their client gets acquitted.

As per William D King, a criminal lawyer must be well versed with all rules of evidence, so he can deal with any type of evidence that might get produced against his client during trial proceedings.

Criminal Lawyers- Types Available!

There are several types of Criminal Lawyers available depending upon the requirement of the case, nature of the crime committed, and another relevant factor. They are as follows-

Criminal Lawyer –

This is a specialized lawyer who deals with criminal cases only. It should be noted that not all lawyers can work as Criminal Lawyers; they need to have studied law in order to take up criminal cases. A wide variety of crimes are dealt with by this type of lawyer which includes drug charges, theft, robbery, and others.

Madonna Blyth Criminal Lawyers –

This is considered the most popular type of criminal lawyer available for representation in different courts. These lawyers also deal with other types of civil cases apart from criminal cases; however, their main specialization lies with criminal cases only. Madonna Blyth Criminal Lawyers hold immense experience in dealing with these kinds of cases and so it is always advisable to seek their services.

Legal Aid Criminal Lawyers –

This type of lawyer is appointed by the government or state to provide legal help to people who cannot afford to hire an independent criminal lawyer for them. The amount of fees that are charged by this kind of criminal lawyer is fixed and it does not increase even if the case takes months together for completion. These lawyers specialize in practicing only before magistrate’s courts, so they cannot be hired for high profile cases like murder etc. However, Legal Aid Criminal Lawyers can represent clients before session’s court or other higher courts depending upon the discretion of the judge concerned. Thus it is important to make sure whether your case requires a Magistrate Court lawyer or Sessions Court Lawyer before hiring one for yourself.

Criminal Lawyer Perth –

This is a type of Criminal Lawyers who has been hired by the government to represent people who need legal help in higher courts like the Supreme Court. If someone cannot afford to hire a lawyer for them, then they can approach these types of criminal lawyers for representation. It should be noted that a criminal lawyer in Perth must have enough experience and expertise in dealing with such cases before practicing as one.

Legal Aid Criminal Lawyers –

In some parts of Australia, Legal Aid Commissions are appointed by the state or federal government to provide free legal help to those who cannot afford an independent criminal lawyer for themselves. The amount of fees that are charged by this kind of criminal lawyer is fixed and it does not increase even if the case takes months together for completion.

Criminal Lawyers Sydney –

This type of Criminal Lawyer is hired by the state to represent people who need legal help in different kinds of cases. If someone cannot afford to hire a lawyer for them, then they can approach these types of criminal lawyers for representation. However, it should be noted that an independent criminal lawyer must have enough experience and expertise in dealing with such cases before practicing as one.

Legal Aid Criminal Lawyers –

In some parts of Australia, Legal Aid Commissions are appointed by the state or federal government to provide free legal help to those who cannot afford an independent criminal lawyer for themselves. The amount of fees that are charged by this kind of criminal lawyer is fixed and it does not increase even if the case takes months together for completion.

Conclusion:

Thus, before hiring a Criminal Lawyer in Sydney it is always advisable to choose the type of criminal lawyer which suits your needs. Legal Aid Criminal Lawyers can be hired by people who need help for cases that are filed in lower courts like Magistrate’s court or Local Court. However, if one cannot afford to hire an independent criminal lawyer for them and their case is too complicated then they can approach these types of lawyers as well. People who want representation from a Criminal Lawyers Perth in the higher courts must ensure whether it requires a Magistrate’s Court Lawyer or Sessions Court Lawyer before hiring one for them. Thus, there are different kinds of criminal lawyers available depending upon your budget and desired location says William D King.

 

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5 Reasons To Contact A Workers’ Compensation Attorney

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Occupational injuries are much more common than you might think. According to the U.S. Bureau of Labor Statistics, more than 3.0 million nonfatal workplace injuries were reported in 2013, resulting in an alarmingly high incidence rate of 3.3 cases for every 100 full-time workers. Although many of these accidents occurred in traditionally risky workplace environments (e.g., construction sites, coal mines, and oils rigs), most were reported by employers in relatively safe settings.

What Is Workers’ Comp?

The good news is that most companies are required carry workers’ compensation, which is a type of insurance that provides coverage for work-related illnesses and injuries. The bad news is that there is no guarantee you will by fully reimbursed for your medical expenses, lost wages, and pain and suffering you experience as a result of an accident at work. With that in mind, here are five reasons you might decide to contact a workers’ compensation attorney.

1. You Can No Longer Work

Severe occupational accidents may result in a disability that prevents you from working ever again. Because the insurance companies that provide workers’ comp coverage are not in the habit of cutting huge settlement checks unless they absolutely must, you will need the services of an experienced workers’ compensation attorney to handle negotiations for you. It is important to note that permanent disability settlements must last you and your family for the rest of what would have been your working years. Expert legal representation is needed to secure the largest possible settlement.

2. Your Employer Did Not Have Insurance

Because workers’ comp can be expensive, some unscrupulous employers do not carry it. If you were hurt on the job and your boss informs you that he does not have insurance, you can sue him for damages. As an employee, you have the right to be reimbursed by your boss for any out-of-pocket medical expenses, lost wages due to the injury, as well as your pain and suffering.

3. Your Employer Denies Your Claim

Because insurance premiums get more expensive the more claims you submit, employers are often reluctant to approve a claim unless they must. An experienced attorney can ensure that your boss understands the legal ramifications of denying a legitimate claim only because it might end up costing him more money for coverage.

4. Negligence Was Involved

Even if an accident caused the injury, gross negligence is grounds for a lawsuit. Whether the negligent party was your boss or another employee, you should explore your legal options with the help of a lawyer.

5. You Need Surgery

Once again, insurance companies are often reluctant to approve surgeries unless they are deemed necessary. An experienced attorney may be able to convince the insurer that your surgery is not only necessary, but also cost-effective.

If any of those mentioned above are true, you should contact a workers’ compensation attorney as soon as possible.

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Can I Make A Road Accident Compensation Claim If The Road Caused The Accident?

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What if you had a road accident and the at fault party was the poor condition of the road? Can you make a road accident compensation claim? Is the government (city, county or state) responsible for your damages and injuries?

Not A Far Fetched Scenario

There are many accidents that are caused by faulty or roads that are in disrepair because of many factors including weather. Roads aren’t static, they are affected by the type of vehicles that travel over them (large trucks can damage roads) as well as weather condition, a combination of the two and other factors.

Governmental agencies are given the responsibility of maintaining roads, but with budget cutbacks and other bottlenecks, don’t always keep the roads in tip-top condition. This can and does cause road mishaps that may cause serious injuries.

What Does It Take To Win

Governments aren’t like people when it comes to liability or everyone would be suing them an winning all the time. An agency would need to be shown to been clearly negligent. Things that might be considered in an action:

  • Was the agency responsible for the roads aware of the problem with the road? One or many complaints would be proof that they had knowledge of the problem, if nothing was done about those complaints.
  • Did the governmental agency put up any kind of warning, such as temporary signs to warn citizens of the dangers. If the dangers were clearly marked, the agency is doing the right thing.
  • How soon was the road damage repaired? Things have to be prioritized in government and the greater the danger, the sooner the repair. Can it be proved that the agency didn’t react quickly enough to the danger based on the severity of the problem?
  • Were there any other factors involved in the mishap. Were any of the drivers exceeding the speed limit or perhaps found to have been drinking? If the drivers involved were not following the law, the road’s condition, unless severely damaged may not matter.
  • Can a pattern of mismanagement be proved against the agency with other road repairs? If there are other dangerous road repairs that are not being tended to, this could be a problem.

The Bottom Line

Compared to a road accident compensation claim against an individual or their insurance company, this type of claim can be more difficult to prove and win and unless the road problem is particularly egregious.

Many cities and counties do carry liability insurance for this type of accident, but I believe that you will have to go the extra mile to win. You would probably want a law firm that is well versed in this type of law and has had successful experience in these types of road accident compensation claims.

This article is for informational purposes only is not to be used for legal or medical advice. Please consult with a legal or medical professional for the appropriate advice.

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Things To Learn About Hiring An Expert Vehicle Rollover Lawyer

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Even in this modern age and our futuristic technology, car manufacturers still haven’t invented a way for automobiles to be perfectly safe. We cannot dismiss the fact that some vehicular accidents happen due to the negligence of the car companies.

This is partly because in car designs nowadays, safety is no longer the first thing in the minds of manufacturers. They tend to overlook some errors thus compromising the safety of every passenger.

Even some prominent names in the car industry have made headlines due to being involved in a number of car rollovers. Most cars that get into rollover accidents are SUVs. They have a significantly higher chance to roll over compared to passenger cars. This is because they are highly unstable and they have a higher center of gravity.

SUV fatalities have already risen to an alarming rate of 11 percent in 2003 to 4,451 people. This is threatening to the public since many families use this type of vehicle. SUVs have accounted for 25 percent of vehicle sales in 2004 reaching over 22 million.

Other facts and statistics on rollover accidents:

o Taller, narrower vehicles are more likely to rollover

o A person is 75% less likely to be killed in a car rollover if he or she is wearing his/her seat belt

o Rollover crashes account for 33% of all passenger vehicle fatalities

o More than 10,000 people a year are killed in rollover crashes

It is very troubling that information about these accidents are withhold from the consumers. Though rollover accidents only comprise 3 percent of vehicular accidents, people should not risk their chances. Rare as they may be, rollover accidents comprise a very high rate of causing severe injuries to passengers among vehicular accidents.

Some Causes of Rollovers are:

o Vehicle-type- All types of vehicles can rollover but cars that have higher center of gravity are more susceptible to rollover

o Speed – Rollovers are speed-related

o Driving Under the Influence – Impairment from alcohol intake can make more drivers likely to lose control of their car

o Location – Rural roads that do not have barriers or division are more likely to be a scene of a rollover accident

Like other types of vehicular accidents, there also are lawyers who offer their services and assistance to the drivers and families injured in rollover accidents. Do not be afraid to seek their advice since you do deserve compensation for the damages that the accident has caused you.

If you are in serious need of an expert and competent lawyer, you may able to find one through the web. Of course, several law firms will appear. So make sure that you seek only the best.

Hire a lawyer coming from a respected law firm and one who has the expertise of handling personal injury cases and car accidents.

However, if the victims only suffered minimal damages, negotiations may be settled between the parties instead. If you know how to handle and understand negotiations, then you can probably work one out with the other party. But, if you are uncertain and need legal advice, better consult one, rather than bearing all the burden on your own.

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