Personal Injury Cases Cover These Areas

Every second of every day someone is injured in the United States. Most of these injuries occur due to no fault of anyone, but for many of them, someone is legally at fault and the potential arises for a personal injury legal case. These cases can occur at any time and the largest amount of them tend to be brought for the following personal injuries: medical malpractice, vehicle accidents, slip and falls, and assault.

Vehicle Accidents

Vehicle accidents are a fact of every-day life in the US and many involve someone being injured. There are around 5.5 million car accidents in the country each year which lead to 3 million injuries, and nearly 36,000 fatalities. Truck accidents add an additional 60,000 injuries, and 5,000 deaths. Personal injury claims filed from car accident are by far the largest group of personal injury claims filed each year in the US. Even though most crashes most likely won’t be deadly, they will be expensive. The average claim for injuries to cover both the insured driver and others involved in the crash is now above $25,000 per accident and rising. The largest percentage of these costs are medical.

Slip and Fall

When someone is walking on private and public property and slips or trips and falls resulting in jury, there is sometimes liability by the business owner or the municipality. The claim is made based on a belief that the property owner was careless in allowing some dangerous condition to exist that caused the fall. Many of the claims are filed because slip and falls at restaurants and retail outlets. For example, a busboy at a restaurant in Albuquerque leaves a spill on the floor unattended and a patron slips, falls and is injured. The business owner may be liable and the patron has a potential sip and fall claim that should be reviewed by an Albuquerque Personal injury lawyer.

Medical Malpractice

When a doctor, nurse or other medical practitioner fails to provide proper medical treatment and a patient is harmed as a result, there is often a case for medical malpractice. Medical practitioners must provide a minimum standard of care which provides the guidelines for malpractice. This is important because if a doctor simply makes a mistake, or a patient is not pleased with an outcome, it does not form the bases for a claim. The doctor must have been negligent in some way to meet the legal definition. However, according to the Journal of the American Medical Association, medical malpractice is a substantial cause of death in the US, and, billions of dollars each year is paid out to patients because of medical malpractice. These types of cases are often complicated and attorneys who are specialists in this area are needed to oversee these cases.

Assault

The law defines assault as an intentional act by one person that creates a fear of imminent harmful or offensive contact in another. Assault need not involve physical contact. In fact if someone is physically harmed that is most often legally considered battery. Assault focuses on the feelings of fear that are created in the victim, by the actions of the perpetrator. Did the perpetrator threaten to cause harm to the victim in a way that the victim believed it would occur? Was there threatening gestures made? Was there a weapon brandished or discussed? Often assault and battery claims are made together because the battery raises the level of the validity of the assault. There are many types of assault including aggravated, and sexual assault, each with their own legal definitions. These cases are often tried alongside a criminal case over the same crimes, but again their requirements for proof is lower than the criminal case.

Mediation Fails in Bouchard’s Lawsuit

Eugenie claim against USTA has been confronting bunches of issues in addition to the current cases from her legal advisor that USTA has disposed of confirmation. The Canadian star lawyer says that adamantly and purposely the USTA demolished camera film that is pertinent to the case even after clear directions that they ought to spare the recording.

As indicated by Benedict Morelli (Bouchard’s legal counselor) around and amid the season of the mischance, they requested the tapes to show where the representatives were and where Genie was. The respondents likewise felt free to sent a safeguarding letter to the relationship with clear guideline that they were to protect everything with the statures of the claim. “They realized that yet all of a sudden something is absent.” Benedict claims.

Then again, the United State Tennis Association (USTA) did not react to the letter with prompt impact. This by one means or another goes about as a sign they were anticipating something and they didn’t need the letter to remain in their direction. At first USTA gave single camera three hour film of the night of the mischance.

Be that as it may, on Nov 30, 2016, Bouchard’s acknowledged there may exist extra camera film, which would be pertinent to substantiating basic course of events. This is when USTA reacted with cases that the associations strategy just spares film for 160 days.

As indicated by Mr. Morelli, USTA have disregarded equity by guaranteeing that they are crushing proof. Notwithstanding, all is not lost for the Bouchard’s claim. Mr. Morelli says that there are principles that oversee such issues in spite of the fact that without the recording they are by one means or another burdened.

Mr. Morelli has been attempting to approach USTA for settlement talks in spite of the fact that they were not productive even in the wake of revealing to them a movement is coming. Notwithstanding, after the unending attempting from Bouchard’s legal counselor, he guarantees to take after on the restricted of lawyering he knows best, which is the “hardball”.

Bouchard’s claim realizes that the respondent is attempting on each course to point the finger at her for the mischance, however they are open and prepared to face all that. Where the cases from USTA are substantial or not, Benedict Morelli says he knows the traps from the respondent. Mr. Morelli realizes that intermittently, the respondents don’t utilize decision making ability for them to disarm the case.

The current cases from the Bouchard’s claim that USTA is deterring equity is in this manner a decent move towards settling the case. With a decent development from the missing film the Unite State Tennis Association might be at hazard.

The Dangers of Getting Distracted While Driving

“Texting while driving results in longer response times than even drunken driving. While an unimpaired driver can respond quickly to changes in traffic and begin braking within half a second… [while] a driver who’s texting needs 70.” – Virginia Tech Transportation Institute

Do you feel a sense of loss when you are not checking your messages as well as what your friends are getting up to on Facebook? Furthermore, is the temptation to pick up your phone every time there is a message notification? It does not matter what you are doing: working, driving, relaxing, etc. You are always on your phone!

It goes without saying that allowing yourself to get distracted while driving is very dangerous, and it puts you in a situation where you are likely to cause a motor vehicle accident. These dangers are further illustrated by the latest motor vehicle accident statistics released in the USA. Up to 10% of all teen drivers (15 to 19 years old) involved in fatal crashes were distracted by their mobile phones when they were driving.

Social media addiction

Even though there is no official medical recognition of an addiction to social media, there is still lots of discussion and research taking place around the behaviours associated with excessive use of social media.

According to Leslie Walker in her article on Lifewire.com, “Social networking addiction is a phrase sometimes used to refer to someone spending too much time using Facebook, Twitter and other forms of social media – so much so that it interferes with other aspects of daily life.

The challenge with any addiction is that it almost always has a negative outcome. Unfortunately, this negative effect does not only affect you, it affects the people around you are well. A common example is that of an alcoholic who gets drunk and then beats up his wife and children. In a similar way, if you are distracted by your mobile phone while you are driving, there is a very high risk that you will cause a motor vehicle accident where other road users run the risk of being injured or even killed.

Preventing distractions while driving

The good news is that there are apps available for download that prevent you from driving while you are distracted. Different apps offer different functions. For example, there is an app that, when installed, automatically shuts off some of your phone’s features when it senses that your vehicle is travelling faster than 15 miles/hour.

Another example is an app that has been designed specifically for teen drivers. It blocks all phone calls and messages from being made or received while your teen is driving, and it lets you know when your teen has arrived at his/her destination. As a result, you do not need to worry about whether your teen has arrived safely, or whether something has happened en route.

Final words

I believe that it is of vital importance not to get distracted while you are driving. You also do not need to be addicted to social media for your mobile phone to distract you. Therefore, it is a good idea to download one of the available apps to prevent your phone from receiving calls and messages while you are driving.

Tips For Deciding What Type Of Bankruptcy To File

It is no easy decision to choose the route of filing bankruptcy when financial storms are brewing, but sometimes it is necessary. Once the decision has been made, it is critical to understand the options that lie ahead.

There are several different types of bankruptcy, and they all have their pros and cons.  Take a moment to look over this quick breakdown of the main types of bankruptcy and what they entail.

Identifying the four main types of bankruptcy

The law does not limit the possibilities when it comes to legally proclaiming our brokeness.  There are more than four ways to file for bankruptcy, but for the sake of time, here are the four most common types of bankruptcy.

  • Chapter 7 Filing
  • Chapter 13 Filing
  • Chapter 11 Filing
  • Chapter 12 Filing

A closer look at Chapter 7 bankruptcy

This type of bankruptcy is typically filed by individuals who do not have very much in the way of assets.  It does require filers to liquidate whatever property possible to pay off debtors, but it is common that people do not lose much of their stuff in the process.

Chapter 7 can be filed far more quickly than other types of bankruptcy, and it is not absolute that a person would need to hire a lawyer.  The process is easy enough that individuals can file on their own with a little research.

Filing Chapter 7 bankruptcy, unlike some, will not stop the bank from foreclosing on a neglected mortgage.  It will slow down the process, however.  Just understand that, eventually, the foreclosure will proceed.

A closer look at Chapter 13 bankruptcy

Chapter 13 bankruptcy is much more substantial than its more simple counterpart.  This type of bankruptcy is for those who have a whole mess of debt and a very complicated list of assets.

The process takes much longer than Chapter 7, but Chapter 13 allows individuals to maintain possession of most of their property.  It will stop foreclosures as well.  Some individuals that meet the financial requirements of Chapter 7 choose to file 13 instead to maintain their possessions.

Chapter 11 and 12 bankruptcy

The last two types of bankruptcy are similar to Chapter 13 in the way that they offer a chance for debt reorganization, but they are designed for a specific type of debtor.

Chapter 11 is a bankruptcy option that typically suites the needs of large businesses and corporations.  Lowly individuals (sarcasm) can choose to file Chapter 11, but it never really makes much sense to do so.

Chapter 12 bankruptcy is targeted towards farmers and fishermen.  Repayment plans for this sort of bankruptcy are designed to be a bit more flexible than others.  Also, higher debt limits and a wider range of lien stripping options.