Feb
2
2010
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Avoiding Injuries

Most of us don’t even think about injuries until they happen. Hindsight is a wonderful thing but there are many injuries and accidents that can be avoided. Personal injuries are bad enough in themselves, but even worse when we find ourselves having to pay out for our own or others injuries too. So what some of the basics we can do to avoid these happening?

Around the home

  1. Keep your home clear of clutter that can cause slips and falls. Things lying around the floor or yard can all too easily be tripped over.
  2. Keep any poisonous substances well out of reach of children.
  3. Never store any of these substances in anything other than the container they originally came in.
  4. Keep your hot water temperature turned down. 120_F, 49_C is the recommended level.
  5. Have smoke alarms installed and always have a fire extinguisher ready.
  6. Keep paths, decks and stairways clean so they don’t become slippery.
  7. Use non-slip mats anywhere you need a mat.
  8. Have your property fenced for the safety of both children and pets.
  9. Install outdoor lighting especially on paths.
  10. Routinely make a check on any maintenance that may need doing.

On the Road

  1. Keep your insurances up to date.
  2. Keep your vehicle in good condition, especially check tires.
  3. Keep a first aid kit in your car at all times.
  4. Take a defensive driving course.
  5. Don’t drive if you have been drinking or taking drugs.
  6. Always wear your seat belt, and use approved car seats for babies and children.
  7. Don’t drive when you are too tired.
  8. Keep your cool – retaliating with road rage is a sure way to cause or be involved in an accident
  9. Never text or talk on your mobile while driving
  10. Watch out for children always – a ball on the road probably means a child is coming after it.

At Work

  1. Be aware of your company’s safety policies and follow them.
  2. Report anything you see such as loose flooring, handrails etc.
  3. Make sure your seating is comfortable if you are doing sedentary work. Complain if it isn’t. Back injuries and repetitive strain injuries are very common.
  4. Do not put up with any harassment. Emotional and psychological abuse is a personal injury and your place of work can be liable. Let them know.
  5. Read your company’s safety policy and any contracts you are expected to sign regarding personal injury liability.

On Holiday

  1. Take out travel insurance.
  2. If you are traveling to a different country make sure you know what their personal injury policies are.
  3. Take your own first aid kit. Make sure to include sun block, and antihistamines along with the usual band aids.
  4. If you are driving in a foreign country make sure you understand any differences in their rode code.

There are a myriad of situations we can find ourselves in that could cause injury. While there is always risk we don’t need to wrap up ourselves or our children in cotton wool. Risk reduction is really about simple common sense.

Additional Website: The Weinstein Law Firm. Personal Injury Lawyers Serving All of Coral Springs, Florida.

Feb
2
2010
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Coping with Injuries at Birth

There should be nothing as joyous as the arrival of a new baby. After nine months of waiting the day finally comes. For some parents though that joy turns to tragedy when something goes horribly wrong either during or just after the birth. Sometimes everything has been done to prevent such occurrences, but sometimes these injuries are the result of negligence by a doctor, midwife, or hospital staff.

There are all kinds of injuries that can result at birth including these most common ones:

  • Skull fractures – these are sometimes caused by forceps, less often by vacuum,  and occasionally by accidental stabbing with intrauterine devices.
  • Shoulder dystocia – damage of varying severity is caused to the nerves. This usually occurs when the baby becomes stuck behind the pelvis during delivery. If the situation is not recognized and the baby is pulled out it can result in trauma to the shoulder causing nerve damage (brachial plexus). It is also cause ‘Erbs palsy’. and the collar bone can be broken.
  • Broken bones – these can occur from too much force using forceps, from breech births and from shoulder dystocia
  • Cerebal palsy birth injury- this can be caused by a lack of oxygen to the baby’s brain during delivery.
  • Brain injuries – these are commonly caused by an infection during pregnancy, lack of oxygen during delivery, or bleeding in the brain due to poor delivery techniques.
  • Anoxic encephalopathy – this can occur when the umbilical cord gets squashed or knotted cutting off oxygen to the brain. Brain damage of any degree and/or cerebal palsy is the most likely result.
  • Refusal or delay of C-section birth operation – this can also result in lack of oxygen to the brain and fetal distress.
  • Avulsions – these are usually caused by medical instruments. Part of the skin is torn away revealing the tissue underneath. Sometimes this can be something like an eyelid, a nerve, an ear or even a limb.

There are all kinds of complications and conditions that can occur. Some of them can be repaired or healed through surgery or may correct themselves over time. Other injuries are irreversible. Whatever the case may be it is always traumatic for the baby and for the parents too. There are some people who feel that parent’s should just accept what has happened and consider them money –grabbing when they decide to take out a case for negligence.

Many of those children affected will require on going, and expensive, medical care and day to day support. If a parent feels that a birth injury has occurred because of medical negligence they should contact a lawyer as soon as possible. Lawyers who specialize in birth injury cases are familiar with all the specifics involved. They are usually also sympathetic to understanding the trauma that parents are going through. Going through a birth injury experience and lawsuit is a stressful and life-changing experience that none of us would wish to face.

More Information On Birth Injuries and Medical Malpractice Contact Searcy Law, Serving All Of Florida.

Feb
1
2010
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Domestic Violence Statistics

Domestic violence is defined in terms of abusive behavior by a partner (or partners) involved in a close or intimate relationship. This relationship can be in the form of a marriage, family ties, dating, friends or in a cohabitation setting. There are many forms of domestic violence including aggressive physical behavior (striking, kicking, pushing and shoving, biting, hurling objects or restraint). However, threats and emotional abuse can also be considered domestic violence.

Depending on the jurisdiction, the severity and duration of the abusive act, there may or may not be applicable criminal charges associated with the violence. More severe charges, however, are usually grounds for legal action. These can include acts such as rape, stalking and violence resulting in a physical injury.

In popular culture there has, in the past, existed the belief that domestic violence is primarily directed at women. In truth, studies indicate that women do suffer a higher rate of abuse resulting in injury. However, other studies indicate that while men are more likely to inflict physical injury on women, the actual incidences of domestic violence tend to fall equally on males and females.

Statistics Indicating the Prevalence of Domestic Violence

  • A study conducted in the United States in 1995-96 indicated that almost 25% of women and over 7% of men were victims of physical abuse and/or rape by a spouse, live-in partner or an acquaintance at some point in their lives. This study involved a sampling of 8,000 males and 8,000 females.
  • According to the U.S. Dept. of Justice – Nearly 1.5 million women are assaulted by a partner, each year, in the United States.

Also, according to the U.S. Department of Justice:

  • 20% of all the non-fatal crimes reported by women fall into the category of intimate partner violence (2001).
  • 3% of all the non-fatal crimes reported by men fall into the same category of intimate partner violence (2001).
  • Deaths resulting from intimate partner violence in 2000 numbered 1,247 for women and 440 for men. Also, in recent years, 33% of all female murder victims and 4% of all male murder victims came as the result of intimate partner violence.

According to the U.S. Department of Justice, from 1998 – 2002:

  • 49% of violent crimes perpetrated against family members were crimes involving spouses.

Please note that this article is for informational purposes only and is not intended as legal advice.

If you, or someone that you know, feels that they are a victim of domestic violence – you may need further information. Bloom Legal, serving New Orleans, Louisiana, may be able to provide the information you’re looking for – you can visit them here.

Feb
1
2010
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Types of Wills

A will (or testament) is defined as a legal declaration in which an individual (known as the “testator”) has named one or more individuals to manage the affairs of his or her estate. This is for the purpose of transferring property at the time of the testator’s death. The term “Last Will and Testament” came about as a result of the definition of “will” being limited to actual property. The term “testament” was applicable to the distribution of personal property. This separation of terms, however, is rarely used today. A testamentary trust may also be created by a will and becomes effective only upon the death of the testator.

Anyone over the legal age of majority may draft their own will, as long as they adhere to any additional requirements within their jurisdiction. These requirements can vary but will usually include: that the testator clearly identifies themselves and that the document is, indeed, a will. That all previous wills are revoked only insofar as the inconsistencies that they may contain. The will must be signed and dated in the presence of at least 2 witnesses that are not beneficiaries. The testator must have the capacity to bequeath his or her property and is doing so willingly. The testator’s signature needs to be located at the very end of the document – otherwise any text after the signature will be disregarded. All beneficiaries must be clearly identified in the text.

While it isn’t a legal requirement for a will to be drawn up by an attorney, it should be noted that pitfalls can be encountered with home-made wills. In some cases, the testator may not be able to clearly explain their intentions and they are not in a position to make any clarifications after their death. This creates little room for error.

The various types of wills generally include the following:

  • Nuncupative (non-culpatory) will – which is made verbally or is dictated.
  • Holographic will – a hand-written will created by the testator.
  • Will in solemn form – a will that is signed by the testator and the witnesses.
  • Self-proved will – the same as a will in solemn form – but with affidavits of the subscribing witnesses (to avoid probate).
  • Notarial will – a will which is prepared by a civil-law notary (civil-law jurisdictions).
  • Mystic will – a willed which remains sealed until the testator’s death.
  • Serviceman’s will – a will used by those in active-duty military service in which certain formalities are relaxed.
  • Reciprocal/mirror/mutual/husband and wife wills – these are made by two or more testators and make complimenting provisions – each in favor of the other.
  • Unsolemn will – a will in which the executor is not named.

Please note that this article is for informational purposes only and is not intended as legal advice.

Do you have questions regarding a will? You can click here to find out more about this subject. Florida Probate Lawyer Adrian Philip Thomas, P.A., serving Fort Lauderdale, Florida may be able to assist you.

Jan
30
2010
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Tax Litigation and Controversy Overview

When it comes to dealing with the IRS and tax issues, there is a good chance that some of the issues will need to be litigated through a court system. There are a few various of courts for the taxpayer or IRS to handle and file these cases such as, United States Tax Court, U.S. Court of Federal Claims, United States District Courts.

U.S. Tax Court Litigation

When there is a court case for tax issues, the case will be brought before the United States Tax Court.  This particular court specializes in dealing with tax law cases, however this court does not present for jury trials.  These particular cases are handled and tried by a single judge.  Given their extensive knowledge in tax law these judges have a good comprehension of tax law issues, the IRS code and its practices.

Tax Refund Litigation

In the event that a taxpayer overpays their taxes they have a right to a refund in the overpaid amount.  However, even though they are due a refund they may have to sue the IRS in order to get their refund.  This particular situation is known as tax refund litigation.  In order to take this matter to a higher level that taxpayer will need to address the U.S. district courts or the U.S. Court of Federal Claims.

U.S. Court of Federal Claims

The U.S. Court of Federal Claims is a court that specializes in dealing with cases against the United States government.  The benefit of this court is not despite citizenship, any person can file a tax refund suit against the U.S. within the Court of Federal Claims.

This court is stationed in Washington, D.C., but deals with cases across the nation.  This makes it much easier on the taxpayer given the fact that they can assign a convenient geographical location for the trial.  However, the appeal will only be heard by the U.S. Circuit Court of Appeals on behalf of the Federal Circuit.  Much like the U.S. Tax Court this particular court does not offer jury trials and will be tried by the one judge.

U.S. District Court Litigation

The United States District Courts has proven to be a particularly accepted choice for taxpayers to bring their case to court.  In this situation the taxpayer will litigate their case in the district that is located where they reside.  Given the fact that the district court files the appeals with Circuit Court of Appeals, they must adhere to the regulations of the Circuit Court of Appeals. This particular court is the only option where the taxpayer is allowed to have their case tried with a jury.

Summons Enforcement Proceedings

The IRS has an immense amount of authority to summon the taxpayer and/or the third-party to appear in court, as well as bring forth their records such as books and/or papers.  While the IRS has a certain level of authority, they must also have a valid reason for the summoning of the taxpayer and/or their records. In short, they can only issue the summons to acquire pertinent information to establish the accuracy of the tax return.

Additional Legal Site: Tax Lawyer Thorn Law Group. Serving throughout the U.S. and D.C.

Jan
28
2010
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IRS Criminal Tax Investigations Overview

The IRS has set forth a special department devoted to investigating possible criminal violations of the Internal Revenue Code and other possible financial crimes such as; money laundering, antitrust violations, and currency crimes.  This particular department consists of IRS agents who have been trained in financial investigation, including techniques such as undercover operations, search warrants, and wiretaps.  During these investigations the IRS performs extensive, in-depth investigations into an individual’s or business’s financial records to reveal any tax or financial crimes including:

  • unfiled tax returns
  • conspiracy
  • tax fraud
  • tax evasion

Unfiled Tax Returns

Filing your tax return is required by law; failure to do so is punishable with the time in prison and a considerable amount of monetary fines.  The astonishing fact is there are roughly 10 million individuals and businesses that fail to or refuse to file their returns each year.  Taxpayers who failed to file their annual return have been deemed the IRS’s highest priority when investigating criminal activity.  If the IRS feels that the taxpayer’s failure to file has risen to the level of tax evasion, it will be considered a felony crime that carries a punishment of up to five years in prison per year that was unfiled.

Conspiracy

If a taxpayer decides to plot or concurred with someone else to do something that has been carried out and amounts to another federal crime or offense, is considered the federal crime of conspiracy.  By law the government does not need actual proof that the conspirator in question has carried out their illegal plan.  The “Klein Conspiracy” is defined as an agreement whose reason was to commit fraud or any other offense towards the IRS, and requires sufficient evidence.

Tax Fraud

A large portion of IRS investigations consist of focusing on federal tax fraud.  The misconception is that tax fraud is only punishable to individuals and companies; however, the tax preparer’s are liable as well.   Tax fraud is a broad topic consisting of tax evasion, failure to file a return, failure to supply sufficient information, failure to pay taxes, creating false statements, etc. examples of tax fraud include:

  • purposely overstating the amount of deductions
  • inserting phony entries in records
  • blatantly claiming personal expenses as business expenses
  • keeping two sets of books or records
  • claiming bogus deductions
  • concealing or moving one’s assets or income
  • consciously omitting or underreporting one’s income

Tax Evasion

Simply put tax evasion is the act of using illegal measures to purposely avoid tax is by an individual or business.  This crime is usually committed by the taxpayer knowingly misrepresenting or providing false information to the IRS.  This usually includes false reporting, such as stating less income, profits, or gains than truly earned.  Taxpayers achieve this by keeping more than one set of books, concealing assets or income in offshore accounts, or overstating deductions.

For additional information: Please visit Thorn Law Group. Serving clients in DC and nationwide.

Jan
28
2010
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Wrongful Termination

In recent years there have been quite a few layoffs and terminations of jobs nationwide, some of which are justified and some of which are not. Wrongful termination is not a new subject in the employment world and is still an issue today. It is important to research the facts about wrongful termination to see if you have a case against your employer. Those who were wrongfully terminated should be compensated for the violation of their rights.

Many employers are using the current economic status as an excuse for terminating employees, but it does not always mean that is the case. It is a good idea to keep track of as much as possible and discuss with a lawyer if you have a wrongful termination case.

“At Will” Abuse

A majority of employment agreements are “at will”. These agreements are not contracts, meaning they are not fixed terms of service agreed by both parties. Thus, these agreements can be terminated at any point in time by the employer or employee, even without stating a reason. Although the termination is “at will”, discrimination and other laws violated are not considered justified.  In order to take a wrongful termination due to discrimination to court, you will need valid evidence.

Where You A Whistle Blower Or Did You Refuse To Violate A Law?

Whistle blowing is the act of an employee reporting an employer for violating the law. Retaliation of any kind is not permitted such as termination. If a whistle blower was discharged they can file a suit to receive compensation.  Some employees are asked to break the law and refuse to do so. In return they have been known to be wrongfully discharged and have a case against the employer.

Did You Take A Leave?

As long as you have a valid reason within the laws that protect you, it is considered wrongful discharge if you were terminated due to a leave of absence. Instances include family leave, military obligations, maternity leave, or voting.  Violating family leave and maternity leave rights is very common and illegal. A majority of these cases favor the employee and they will have a better chance of earning compensation.

Were The Proper Procedures Taken?

There are a large portion of businesses that have a firm set of procedures they need to adhere to before terminating an employee.  Some procedures include a certain amount of warnings, if they failed to do so in a termination they can be sued.

Compensation Isn’t Immediate

Even if you took your case to court and won, actually receiving the compensation can take years. This is why it is important for those who are not making any income to take action immediately to replace the lost wages.  There are things such as unemployment to help you get on your feet until you can find a new job.

Additional Legal Site: The Shavitz Law Group. Serving clients in Boca Raton and Miami, FL.

Jan
28
2010
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Wrongful Death

No one ever plans or hopes to lose a loved one. Unfortunately thousands of people are killed each year through accidents or other circumstances. In some cases families may be able to get compensation for their loss through taking out a wrongful death case.

The most common wrongful deaths occur from auto accidents, defective products, medical malpractice and workplace accidents (particularly construction sites) and intentional acts of violence. There are many other causes of wrongful death too of course.

A wrongful death is one in which the death is caused by another person’s or company’s negligence, inaction, malpractice or other unjust action. The actual legalities involving wrongful death cases vary from state to state but they all follow four basic elements to bring about a successful case.

  1. It must be proved that the victim’s death was caused either wholly or in part by the defendant’s conduct.

Essentially the plaintiff must be able to show that the defendant had a duty to act in a certain way, but failed to do so, resulting in subsequent death. Witnesses will probably need to be found and called. In many cases medical reports and police reports are also used as evidence. In product liability, medical malpractice and construction accidents experts are also often called in to give evidence.

  1. It must be proved that the defendant was negligent or strictly liable for the death.
  2. There must be a surviving spouse, children, beneficiaries or dependents.

In some cases this can cause difficulty as beneficiaries may jockey amongst themselves as to who is eligible for compensation and to what degree.

  1. It must be shown that monetary damage has resulted from the death.

This usually involves showing loss from such things as funeral expenses, medical expenses and money that would have been thought to be expected for each beneficiary if the death had not occurred.

Additional Legal Information: Jodat Law Group. Serving clients in Bradenton, FL.

Dec
18
2009
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What to Do in Case of an Auto Accident

Do not move your vehicle, unless you are blocking traffic.  It is best not moving your vehicle or any debris until an investigating officer instructs you to do so.

It is smart to make a rough drawing of the scene so that you will remember.  Draw enough to remember the position of all vehicles.  You can ten add anything else that you find to be important.

Make sure to obtain insurance and driver’s license information with all drivers involved.  Copy all drivers’ license information. Make note of any statements made about how the accident occurred.

Make sure to contact a lawyer right away.  A lawsuit resulting from a collision must be files no later than two years from the date the collision occurred.  The sooner your lawyer becomes involved, the easier it will be to protect your rights.

Never give statements to anyone other than police officers.  Make sure to report the accident to your insurance company right away.  Make sure to get pictures of the accident and all injuries if possible.  Make sure to see your doctor if you may have obtained injury.  You may not have immediate pain.

Never admit fault in the event you feel you are at fault.  The other driver may have just as much fault in the accident as you.  If you are upset and there are many spectators, it may be best to say nothing at all.

THIS ARTICLE DOES NOT CONTAIN LEGAL ADVICE AND WAS NOT WRITTEN BY AN ATTORNEY.

Listing:

Car Accident Attorneys Abrahamson & Uiterwyk. Serving clients in Tampa, and Clearwater,  Florida.

Dec
18
2009
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Knee Injury Legal Cases

It is important to get a correct medical diagnosis for any knee injury. Leaving an injury too long can result in slower healing rates, the possibility of complications and chronic conditions.  Some injuries will require bracing and others may involve surgery and or physiotherapy.

Another important reason for getting timely medical help is that if you wish to make a claim for your injury later, delaying treatment can be seen either as; your injury not really being serious or; not being caused by the accident.

If your knee injury occurred from a slip and fall accident someone else may be liable depending on the circumstances. If you slipped on dropped goods in a supermarket for example you may be able to claim damages if the goods had been there for some time. It can be difficult when you are in pain to gather evidence at the time, but if possible get the contact details of any witnesses, take photos, write down details of the incident and store any evidence, such as the shoes you were wearing, in a sealed bag. The same thing applies for workplace situations, visiting someone else’s home, or if damage may have been caused by a landlords negligence.

Along with good medical advice and treatment it is a good idea to get advise from an experienced personal injury lawyer who is used to dealing with insurance companies and any accidents similar to your own.

This article is informational and not to be construed as legal advice.

Additional Website: Bradenton Personal Injury Attorneys The Jodat Law Group, PA. Representing injury victims in the entire Florida area.

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