Attorney Issues

Monday, February 28, 2005

How to Save Money on Motorcycle Repair

Doing your motorcycle’s maintenance is important for you to realize its fullest potentials. This in fact is going to save you money if you just know what to do and when to do it.
Personal maintenance of your bike is both a learning and rewarding experience. Of course you may opt to have others check-up your bike but nothing beats the satisfaction of having done a good job on your beloved motorcycle. It is fun and very much a worthwhile activity.
If you choose to be your bike’s personal physician, a good number of repair manuals are available that are filled with important information about motorcycles. It will provide you with the needed know-how regarding troubleshooting and maintenance. It also presents a detailed discussion of the engine, clutch, transmission, electrical system, wheels and final drive. The book will also give you tips on how to improve the bike's performance.
The basics of motorcycle repair are outlined in manuals like this making it easier for you to tinker with your bike. Making the necessary repair will be very easy with these manuals as they present you with a clear picture of what it takes to bring your bike back to life. There even also are pictures to further familiarize you with what part of your bike the manual is referring to. With this manual in hand, you need not just limit yourself to making minor repairs but you can also rebuild your engine if you wish so.
Even if you choose to keep your hands clean, it still would be good to understand how you bike works and what it needs to run smoothly. Troubleshooting is easier since you’d know beforehand what is wrong and can relay this information to the repairman. You can give him additional information that is sure to help in making the needed repair for your bike.

This composition is provided by Los Angeles Attorney Legal Services where people can find answers to their legal questions and inquiries related to different practice areas such as personal injuries, vehicle accident, corporate business, social security, and employment.

Filing a Case Against Canine Bite Injuries

Man’s best friend can be man’s worst enemy. Statistics show dog attacks have accounted for more than 300 dog-bite related deaths in the United States from the period of 1979 through 1996. Most of these victims were children. And someone seeks medical attention every forty seconds because of this bites.
In most cases like this, the dog’s owner is required to pay for the damages caused by his pet’s attack. However, there may be times when the dog’s “keeper” may be held liable at the time of the attack. The landlord too may have culpability for an attack of his tenant’s dog in limited circumstances.
The medical expenses that will be incurred due to dog bites is very high particularly with regards to scarring injuries. Scars can be a serious, life-long result of a dog bite. Children, because of their size, are particularly susceptible to bites around the head and face. Scarring injuries not only cause physical problems, but can also cause long term emotional trauma, requiring a significant amount of psychological counseling.The liabilities that are to be shouldered by owner (or in some cases, the keeper or landlord) due to the animal’s bite will include all past and future medical expenses. All past lost wages as well as future loss of earning capacity. Also, past and future pain and mental suffering of the victim will have to be compensated by the animal’s owner.
Property damages and damages for all scarring are also included.
Dog bites are a common form of injury which can have serious outcomes that include permanent disfigurement and psychological trauma. It may even result to death. Precautions need to be undertaken since even the gentlest of dogs are known to bite without warning.

Are You Entitled to Claim Disability Benefits?

If you are disabled and that disability hinders you from working, you may be able to claim benefits from the Social Security Administration (SSA).
An essential factor that needs to be given attention in claiming disability benefits is that you must prove you are severely disabled preventing you from doing any gainful activity for at least a year or your disability may cause your death. Determining if your claim is valid rests on the shoulders of medical experts under SSA’s employ.
The Social Security Administration has set these standards in establishing what is “disabled.” One, if you are earning $700 a month or more, then you are not disabled. Also, if your condition does not interfere with your work, your claim will be denied. The SSA maintains a list of disabling impairments and if your condition is not on that list, they will have to determine if your condition affects your capacity to work. If you can no longer do the work you used to do, SSA tries to see if you can do any other kind of work taking into account your age, education, past experience and transferable skills. If you cannot work, you will be considered disabled.
Application for disability benefits entail and in-depth interview from an SSA representative. Topics that will be touched include applicant’s disability, medical history, leisure time activities, and financial status. Several application forms will have to be filled-up by the applicant as a proof of his intention of claiming disability benefits.You will also be eligible for Medicaid, food stamps, rehabilitation, and home care if necessary.
However, not all applications are approved. Fact is two out of three persons who apply for disability benefits are initially rejected. What you can do is make an appeal for reconsideration of your case. Appeals have a good chance of winning provided that your disability is indeed valid.


Sexual Harassment in the Workplace

If you or anyone you know has been sexually harassed in the workplace, the first step is to come forward with it. Report to your supervisor, employer, or to the human resources department.

Many victims of sexual harassment are afraid to come forward because they fear they will lose their job, won’t get support from their boss, or be labeled as a tattletale. Unfortunately, many women make the mistake of keeping mum about these events, which only causes them stress, anxiety, and other emotional feelings that could affect their performance in the workplace.

First, make sure you know what kind of harassment you were exposed to. Some examples are being the subject of or being told sexual jokes, being stared at in a malicious manner, cat calls/whistles, offensive, derogatory and pornographic materials displayed before you, being cornered or blocked/followed all the time, being pressures for sexual activities, or being sexually assaulted.

However, there are other events that are not considered as sexual harassment. Mutual flirting, having consensual sexual relations, and display affection between friends (as long as both are comfortable with their actions) are not considered sexual harassment.

When you have reported to your employer, he must be able to give you options on how to go about your case. Your company might have a policy for sexual harassment cases, and this must be made clear to you and your harasser.

While you are no way required by law to meet with your harasser, it is best to settle with the harasser with a mediator (the mediator should often be the boss). Also, make sure to keep records of all contacts you’ve had not only with your harasser, but also with your employer.

If you believe your case deserves more attention, contact a lawyer.


Wednesday, February 23, 2005

Truck Accidents

According to the Department of Transportation’s Federal Motor Carrier Safety (FMCSA), in 2001, there have been 5,082 fatalities and 131,000 injuries from truck accidents. Out of the 131,000 injuries, a third suffers from brain injury or a loss of a limb. “Truck accidents” are when a private vehicle collides with a commercial truck.

Trucks are the least “crashworthy” vehicles on the road. “Crashworthy” meaning how effective the vehicle is in protecting its passengers during a crash. This is a fact that truck manufacturers have known for the past 15 years.

Trucks are also the only vehicle capable of “underride” accidents on the road. Trucks are, obviously, higher than private vehicles, and sometimes, a vehicle can get stuck or go under a truck. This is an underride, and if the car is going to fast, the roof can be sliced open by the truck itself. 1000 people die in underride accidents a year, and only 4% survive such an accident.

A typical commercial truck weighs around 80,000 pounds or more, and a sedan around 3,000 pounds. Looking at these figures is enough to see what kind of an accident a collision between truck and car can be like.

When people get into truck accidents, trucking companies are usually the ones who move quickly—they call in experts, lawyers, and in some states, within 60 days, can destroy records that could have been key to winning a trial. Trucking companies move quickly because the truck driver and the trucking company are both liable.

It’s typical for a company to cut costs in maintaining their vehicles and training their drivers. While 20% of truck accidents are because of the truck driver speeding, there are other factors. Such as running off the road our out of the traffic lane, and failure to yield the right of way. Many truck drivers are on the road for days, logging only a few hours of sleep, so fatigue is one big factor.

When encountering a trucking accident, move quickly. Take photos for evidence of the scene. Many times, a company will have their trucks fixed up right away to destroy the evidence. Call an attorney and ask for their advice—emergency consultations are often free.

Whatever happens, act within the 72 hours after the accident. The trucking company has probably started before you did, and it would be hard to sue the driver and company who hired him after that.


Spinal Injury

Spinal Cord Injuries, or SCI, is one of injuries that cause the most impact on a person’s functional, medical, psychological and economic well-being.
There are roughly around 40 cases of Spinal cord injury cases per million in the United States, making it around 11,000 cases a year. To date, there are about 183,000 to 230,000 living with SCI in America alone.
55% of SCI victims are in between the ages of 16 and 32, and 82% of them are male, while the remaining 18% are female. Incidentally, 44% of Spinal cord injuries are caused by motor vehicle accidents that take place on weekends—Friday noon to Sunday morning. Summer seems to be the season where most of these accidents take place. 24% of injuries are caused by violence, while 22% are the result of falls. Sports only take up 8%, with ¾ of that statistic attributed to diving accidents.
The impact on an SCI victim is great. Rehabilitation starts the minute after the accident, and continues for the rest of the victim’s life. In fact, 85% of SCI patients who are able to survive the first 24 hours of the accident live up to 10 more years.
Finding the right lawyer

There’s no need to stress what a major impact SCI has on a person. Depending on the state of the accident, a person could be paralyzed for life and unable to work for a living. It is important to find a proper lawyer who can help you get the compensation you need to maintain a stable life.
Shop around for a good attorney, and don’t be afraid to ask for other lawyers’ opinions. Be sure to find out if the attorney you spoke with will be the one to handle your case, or if you will just be tossed to a less experienced member of the firm.
Interview lawyers to find out if they have handled a case similar to yours. Someone who specializes in Spinal Cord Injuries is a better choice than a general product liability lawyer.
When you do find a good lawyer, ask for a list of names and phone numbers of previous clients who can testify his ability as an attorney who handled an SCI case.


Brain Injury

Traumatic Brain Injury or TBI can be caused by multiple factors—a car accident, a construction accident, a fall, and many others. While most TBI patients are released from the hospital after deemed having “recovered”, these patients, as well as their loved ones, notice “changes” in their everyday tasks.
Simple tasks can be hard for them to do, and they could find difficulty going back to work. Dramatic changes take place—in their personality, as well as their basic brain functions. These changes can affect the victim’s ability to function both in a social and work environment. Social immaturity is also one effect, as well as memory loss.
A local woman in Massachusetts put up the Brain Injury Association, formerly known as the National Head Injury Foundation, which fights for the right of TBI patients. This being, most brain injuries are harder to spot than most people think.
Most hospitals use coma scales, such as the Los Rancho Amigo and the Glasgow Coma Scale, which measures the extent of the coma and predicts the outcome of the injury. Because of this, which rates an injury from mild, moderate and severe, most lawyers deem the ones who suffer from severe injury the ones with permanent damage. This is a misconception.
The fact is, many brain injuries cannot be found by medical tools such as CT Scans, EEG, and skull x-rays. As stated above, the drastic changes cannot be visible from the outside, but instead, from their change in behavior and the decrease in cognitive skills. Because of this, lawyers find it hard to get fair compensation for their clients’ losses, without proper evidence from EEGs or CT Scans.
There is, however, another way for patients to get what is rightfully theirs. Neuropsychologists have come up with a “Neuropsychological evaluation” which consists of a series of interviews and tests with the patient (including interviews with loved ones and IQ tests). Providing the Neuropsychologist with extensive information about the patient’s test scores and personality tests prior to the accident is key, to be able to assess the height of change in the client’s behavior.
Also important is a family history of probable memory loss, learning disabilities, and so forth, which could greatly help in determining the change in the victim.
A drawback to consulting a neuropsychologist is the practitioners themselves oftentimes question their own profession for its accuracy.

This composition is provided by California Attorney Services where in people can find answers to their legal questions and inquiries related to different practice areas such as personal injuries, vehicle accident, corporate business, social security, and employment.

Tuesday, February 22, 2005

You and the Tort Law: A Guide

Everyday, we’re always at the risk of falling victim to misfortune whether it is from using defective products or unknowingly falling off into a manhole, or sustaining vast injuries due to serious highway accidents. You may think that accidents that happen everywhere to other people are of nobody’s fault than theirs alone…But, once something happens to you, say you were bit by a dog whose owner was careless enough to let it wander off, you may cry out, indeed – “not my fault!”.

Torts are private and civil wrongs or injuries that may be remedied through a court of law by a lawsuit for damages/compensation. Once an individual or a group of individuals violate their duty to others created under general or statutory laws, a tort has been committed. Liability in the tort law is based upon “…the relation of persons with others; and these relations may arise generally, with large groups or classes of persons, or singly, with an individual…The common thread woven into all torts is the idea of unreasonable interference with the interest of others.” Prosser & Keeton, supra,p.5. Thus, the chief aim of action in tort is that an individual be compensated for the loss he has suffered within the scope of his legally recognized private interests, as the best method of relief.
Tort law is a branch of the civil law. This is one of the three main branches of civil law where the other branches are contract and property law. In tort cases, the plaintiff is the victim of an alleged wrong and the unsuccessful defendant is directed by the court to pay damages to the plaintiff. The so-called injunctive relief for the defendant is when he is directed to discontinue from a wrongful activity.
Torts have three general categories. Intentional torts are wrongs which the defendant knew or should have known would happen through their actions or inactions (e.g. intentionally hurting a person). Negligent torts happen when the defendant’s actions were unreasonably unsafe (e.g. causing accident by failing to obey traffic rules). Strict liability torts are wrongs that do not depend on the degree of carefulness by the defendant but established when a particular action causes damage (e.g. liability for selling expired products).
Misfortune may happen unexpectedly to you or anyone in your family and when it does, a you, as a victim may incur costs. You can shift these costs to others who you believed has strict liability in causing it. The principles of the tort law help you in getting compensation for damages suffered not by your own fault. Contact an attorney practising this particular area of the law for clarifications and tips in filing for claims.

Cases Involving Defective Products

Each year, millions of people are being harmed by defective products. A defective product is a product that causes injury or harm to a person. A product may be considered to be defective for many different reasons such as design defect, failure to warn, failure to guard, unfit for intended use, defect in construction, or a defect in materials. With this, defective product claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based.
No matter how big or small, you must file your defective products claim and see what your legal rights are. Basically, liability and damages are two important elements in every defective products law case. A liability involves demonstrating that the person being charged did bear responsibility for the injury. The damages, however, refer to the extent or amount of injury or loss that was suffered on account of the defendant's actions or negligence.Know what, defective product cases require extensive resources and experience. Expert witnesses can cost tens of thousands of dollars just for an initial evaluation. Not every lawyer has the resources or connections to utilize the top experts. In addition, product liability cases require originality, creativeness, fortitude and the resources to cover the high expenses involved. Representing injured parties is often expensive for attorneys because they put up large sums of money on these complex cases in order to hire experts, take depositions, gather evidence, and oppose the lawyers of large companies and insurance firms.
Upon winning the case, you are entitled to compensatory damages such as your medical bills incurred as a result of the product defect, reimbursement for any time lost from work, and property damaged as a result of the defective product. You are also entitled to damages for pain and suffering you experienced as a result of your injury. If you are married and the injury has affected the relationship with your spouse, you may be entitled to loss of consortium damages. Your spouse may also be able to recover these damages, even if he or she was not directly injured by the product.Indeed, to avail the service of a competent counsel is the best way to protect your interests if you have been injured by a defective product. So, if you or your loved ones have been injured because of what you believe is a product defect, you should consult a defective product lawyer at the earliest opportunity to protect you right of recovery. Through an attorney, you’re assured that a thorough search will be performed to locate and then sue all the proper parties if a lawsuit seems justified.


School Bus Mishaps

Buses are a fairly safe mode of transportation. However, they can be very dangerous if they are involved in an accident.Bus accidents often result in serious injuries and even death. Factors that contribute to these accidents are driver negligence, inadequate security, dangerous roadways, weather conditions, defective products and improper maintenance, among others.
There may be variations from other sources but above figure paints a frightening picture of the dangers buses pose to the riding public.If you are injured in a bus accident you may be able to file a claim against the bus company to receive damages for the injury you have sustained. You may either be on board the bus while the mishap happened or you may be walking on the street or riding a car.They are liable for injuries that passengers may suffer. It is mandatory for them to have equipment in good condition and skilled drivers to ensure the safety of passengers. State policies may vary but in general, if a personal injury occurs because the carrier was not in compliance with safety regulations, the carrier may have total liability for personal injuries.
Much like other accidents, it is imperative that you follow certain procedures to protect yourself from possible trouble. For one, seeking the assistance of a doctor is very important to determine your level of injury and if you might have sustained other debilitating injuries that might have long term effects.Gather pertinent information as much as you can regarding your accident like names and addresses as well as contact numbers.
Do not divulge any information to anyone other law enforcement officials or a lawyer. Anything that you say might be used against you in a court of law. Also, do not sign anything without the assistance of an attorney. You might think that it is a smart thing to do but refrain from doing so. It is better to be safe than sorry. Hiring an attorney is highly recommended for situations like this as they can help you obtain what is due to you and save you from any legal and financial hassle.


Monday, February 21, 2005

Motorcycle Accidents: Preparing Your Case

Motorcycle accident is an unexpected occurrence that results to shock and trauma, serious physical injuries and death. The most common reason of a motorcycle accident, which contributed to the 50% of the motorcycle vehicle, is due to the failure of another motorist to see the motorcycle. It is estimated that 75% of motorcycle accidents involve another motor vehicle, two-thirds of which were caused by the motorist failing to yield the right of way. Motorcycle accidents not only involve driver’s negligence, it also includes product defect and unsafe roadways.Motorcycle accident happens so fast that we are not able to control it. During an accident, we cannot do much, especially when we are injured. We cannot think of anything but the pain that we are suffering. It is essential for us to know the things that we have to do after the accident.If you were injured or feel any pain or discomfort, seek medical attention immediately. A delay may raise questions whether the injury was caused by the accident or not. Have your wounds photographed, they heal quickly. You might need it during a case hearing or investigation. Have a copy of all medical reports as well as the hospital bills.It is advisable for you to go back to where the accident occurred. Bring writing and recording materials with you. You might find more evidence and witnesses. If you’re going to take a picture, get somebody to witness it. Do not touch anything.After gathering all the data, examine them. There might be something that can prove that it is you who is at fault.
Consult an attorney before filling out any documents or giving your statement. You might also need a lawyer to assist you in filling important papers, assist in court proceedings, and getting your claims.
Attorneys are always needed in this cases. Never overlook it and say you don't need one becuase you definitely need one.


All About Child Molestation

Often we misuse the words ‘pedophile’ and ‘child molester’. We tend to use ‘pedophile’ to all offenders who sexually abuse children. But these two words are different in meaning.A pedophile refers to a man or woman who has recurrent, intense sexually arousing fantasies, urges, or behaviors involving pubescent or prepubescent children. The offense must occur over a period of at least six months for a person to be called a pedophile.Pedophile is one case of a paraphilia, a psychosexual disorder. Paraphilia is not a type of child sexual abuse crime. This disorder causes a person to fantasize children sexually. But fantasizing, although alarming, is not illegal. If the person act out his fantasies or engage in the actual sex with children, he will now be charged of the crime, thus, making him a child molester. In other words, a pedophile is not necessarily a criminal. When he sexually abuses or exploits children, he now becomes a child molester.There are two types of child molesters, situational child molesters and preferential child molesters.Mary Kay Letourneau, America’s most famous female child molester, was involved with a 13-year old boy. The youth was one of her students. They had two daughters, of which one was born inside the prison.
Not all pedophiles are child molesters and not all child molesters are pedophile. You cannot distinguish them. Most of them are very kind, since they always talk to children.
As a child, if you become close to your teachers, always let your parents know whatever any adult wants from you, its always the best thing because your parents know who are the right type of people to mingle with and the wrong ones.
There are always lawyers who deal with these type of cases, they know if the person was really molesting the child or acting as an adult helping a young kid.