Getting Stronger

Available Damages In Aviation Accidents

Posted by on Jun 29, 2016 in Car Accidents | 0 comments

Available Damages In Aviation Accidents

Airplanes are often regarded as one of the safest means of transportation. However, aviation accidents do happen from time to time and they are usually more devastating than other accidents. According to a report by the International Civil Aviation Organization (ICAO), there were 904 fatalities in 2014. This was the highest number in the last five years due largely to tragic accidents such as the Malaysian Airlines Flight MH 370 and Malaysia Airlines Flight MH 17.

According to the website of Williams Kherkher, cases involving airplane crashes are quite complex. It will require much time, energy, focus, and money. They can file a lawsuit against a wide range of parties ranging from the pilot, airport operator, air traffic controllers, and others. The available damages will depend on the facts of the case. Here are some of the damages that surviving family members of the deceased can recover in an aviation accident:

  1. Strict Liability

Pilot error is one of the main causes of aviation accidents. In these cases, liability of the pilot is usually determined by the existence of negligence. Did the pilot fail in acting reasonably in caring for the passengers? If the crash was due to a malfunctioning component, the liability falls on the manufacturer of the aircraft or component. In strict liability against the manufacturer, there is no need to proof that negligence of a person resulted to the accident.

  1. Comparative Liability

In aviation accidents, comparative liability awards damages according to the percentage of liability of each party. For instance, the judge can make the pilot 35% responsible and the manufacturer 65% liable for the accident.

  1. Common Carriers Liability

Commercial airlines belong to a legal classification called “common carriers” and can be held liable under the Common Carrier Liability laws. The Federal Aviation Administration (FAA) sets the rules and regulations involving commercial airlines. Common carrier liability is more stringent than general aviation laws.

  1. Willful Misconduct

Under the Warsaw Convention, willful misconduct may include the following:

  • Prior knowledge that an action would most likely result in injury or damage
  • Wanton disregard that an action could cause an accident
  • Intentional failure to discharge a duty related to safety

Filing An Aviation Accident Lawsuit

Under the Warsaw Convention, there are four possible places for filing a lawsuit:

  • The country where the plane ticket was bought
  • The country of the final destination point for the flight
  • Countries where the airplane is incorporated
  • The country where the carrier conducts business
Read More

Medicare Coverage of Respite Care

Posted by on Mar 13, 2016 in Elder Care | 0 comments

Respite Care, also called Short-term Care, is a specialized program aimed at providing the sick and/or the disabled with temporary care; this may last for a few hours, a few days or a few weeks, or on a weekly or monthly basis. While respite care helps ensure that individuals, especially older adults, are provided with the care, medical attention and assistance to daily activities that they need, it is also designed for the benefit of family members who act as their sick loved one’s caregiver. This short-term care temporarily takes the responsibility of caring for the patient (from the caregiver), to give the caregiver his or her needed break from the strenuous demands of caregiving. According to the Centers for Disease Control and Prevention, respite or a short break is beneficial for the patient and, especially, the caregiver, since studies show that many caregivers experience sudden health declines, experience emotional and physical stress, and experience much difficulty in balancing their career and their own family obligations. By availing of a respite care program, these concerns may be addressed effectively.

Respite Care may be provided in the patient’s own home or outside of it, in a facility, like a nursing home or an adult day care center. For In-home respite, patients are visited by medical staffers, who provide the services needed by patients, like administering medication, pain management monitoring, catheter care, wound care, and behavioral counseling. In-facility respite, on the other hand, requires the transfer of a patient to another facility where he or she is provided with full-time care by medical professionals.

Patients who avail of respite care may expect services which include medication management, meal planning and feeding, personal grooming, dressing assistance, laundry and housekeeping, companionship, and transportation to doctor’s clinics or social engagements.

Availing of respite care, according to SeniorAdvice.com, may just prove to be too expensive for some families, though. Now, while private savings and insurance may help a lot, the site goes on to say that patients may possibly qualify for Medicare or Medicaid.

While a patient can receive respite care (for up to five days at a time) in a Medicare-accredited nursing home facility or hospital (with Medicare shouldering up to 95% of the costs), this is only possible if the patient has a life-threatening illness and meets the requirements for the hospice benefit.

Medicaid, which is designed to complement Medicare and private insurance, provides seniors, children, and those with low incomes, superior health coverage by making families avail of the 1915(c) waiver. This waiver will offset costs of in-facility or in-house services.

Read More

Hospital Negligence

Posted by on Oct 28, 2015 in Medical Accidents | 0 comments

Having a baby in a clinic is recognized as routine today, and many mothers -to-be don’t usually have cause to worry that hospital negligence ultimately causing beginning injuries may occur. However it occurs more frequently than many people think, and when it does, the implications for both the household as well as the baby are usually far-reaching, frequently devastating.

Clinic disregard is defined as the disappointment to offer reasonable treatment to its people. According to the website of the clinic neglect attorneys at the national Driscoll Firm, hospital negligence can take shape as:

  • Anesthesia errors
  • Setbacks in therapy
  • Not enough supervisions that are certified
  • Lost or late examination results
  • Inadequate interaction among stuff that is medical
  • Post- operative infections
  • Medication errors
  • Surgical errors

These apply to the general patient population, including new moms and neonates. In start injuries, clinic negligence takes on unique sorts including the poor utilization of forceps, disappointment to monitor the caretaker and fetus for hardship, loss of blood, or disease, or delays in performing a crisis caesarian section even when plainly suggested.

For example, a child whose oxygen presence is restricted or is subjected during the beginning of their life to brain injury may obtain an ongoing cerebral palsy, a non-progressive problem which can avoid the kid from fully obtaining milestones that are certain in growth and development. Cerebral palsy may be the result of some mistake during birth and the result may be the basis to get a hospital negligence claim, which will be normally submitted by the child’s parents when the situation is first recognized. Nevertheless, it does get specific capabilities and knowledge to conduct a tort state that is proper, so it is advised that authorized representation must be chosen in line with attorney or regulations agency regarding hospital neglect cases’ portfolio.

Read More

Avoiding Tire Failure: Keep Yourself and Your Passengers Always Safe

Posted by on Jun 16, 2015 in Car Accidents | 0 comments

Regardless of the type of vehicle you drive, its tires always play a critical part in your overall safety. Thus, to ensure tire safety at all times and avoid different kinds of tire failure, such as flat tire, blowout or tread separation, the US Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), strongly emphasizes the importance of:

  • keeping the weight of your vehicle’s passengers and cargo within the your tire’s and vehicle’s load limits;
    making sure that you maintain proper tire pressure
  • Regularly inspecting your vehicle’s tires for any type of irregularities, like slashes, cuts, exposed metal wires and some mesh
  • Avoiding road hazards

The most common causes of tire failure are overloaded vehicles and underinflated tires; avoiding these things, however, and keeping your tires properly maintained can very well result to improved traction, stopping and steering, as well as a longer tire life.

NHTSA’s yearly records show more than 8,000 serious car accidents due to tire blowout and failures. According to the website of a Tennessee personal injury attorney at Pohl Berk, LLP, resulting injuries from these accidents are worse if the driver was driving at high speeds; risks of serious wrecks and vehicle rollovers are increased too.

Often, however, failure is a result not of old and worn out tires, underinflated tires, or improperly maintained ones, but of faulty manufacturing design, poor quality materials, or failure of the manufacturer to comply with government standards.

Faulty design in tires is usually a result of poor quality control, use of low-quality materials, such as very old dry rubber stock, improper curing and adhesion, foreign matter cured into tires (like water, wood, wires, bolts and screws, gloves, live shotgun shells, chicken bones, and other totally absurd materials that irresponsible tire plant workers can think of), stressed workers who work on twelve-hour shifts, and emphasis of some manufacturers on quantity (or production) over quality and safety.

People knowledgeable in tire safety advise drivers who get involved in accidents (due to tire failure) to photograph their vehicle’s tire immediately after the accident. The overall condition of a tire, especially exposed wires, after an accident can help tell what particular manufacturing failure was committed by tire plant workers, like adhesion defect if the wires get exposed and moisture contamination if the exposed wires are rusty.

Manufacturers will face full civil liability once their manufacturing negligence is proven, a liability that can translate to thousands or millions of dollars in compensation, depending on the severity of the injury suffered by the victim.

Read More

Is Seismic Hazard the Same as Seismic Risk?

Posted by on Mar 24, 2015 in Geology | 0 comments

Seismic means “of or relating to earthquakes or other vibrations of the earth and its crust.” This can be of natural i.e. earthquakes, or manmade i.e. dynamite explosion, origin. A seismic hazard, therefore, is a phenomenon such as an earthquake.

However, this is distinct from seismic risk, which is a phenomena that has the potential to cause harm from exposure. An earthquake out in the middle of an uninhabited island is a hazard; there is no risk involved because no loss or damage is done to people. If the island was inhabited, the people would be vulnerable to loss and damage, and this constitutes a risk.

The factors considered in calculating a seismic hazard is different from that of a seismic risk. Determining a seismic hazard uses three geologic measurements: physical, spatial, and temporal. The level of severity of a potential quake, which recurs over a certain period in a specific area, determines if that area is a seismic hazard zone. To determine risk is more complicated because estimating vulnerability depends on many subjective factors.

There are several models used to estimate seismic risk, which can be expressed as seismic hazard x vulnerability One of the most commonly used is the Poisson model, but it is not any more accurate than other models. Calculating seismic risk using the Poisson model will yield different results from using as time-predictable or Brownian passage time models.

Perhaps because seismic risk is more volatile than seismic hazard, the California Geological Survey has chosen to load its dices, so to speak, by requiring cities and counties to contribute data to the Seismic Hazard Zonation Program. This will be included in the Seismic Hazard Maps for each area. Being on a designated Seismic Hazard Zone does not necessarily mean that you are in a zone of high seismic risk. However, it would be prudent to know, as forewarned is forearmed.

If you are selling a home, you have to access this data for the standardized National Hazard Disclosure (NHD) statement you will give to potential buyers. You can find out more easily if your property is in a seismic hazard zone by consulting with an excellent natural hazard disclosure company in your area.

Read More

The Consequences of Patience and a Really Productive Land

Posted by on Mar 19, 2015 in Mineral Rights | 0 comments

One thing mineral rights owners are assured of if they decide to sell, rather than, lease their rights is the cash that is ready to be placed in their hands as soon as the sale is closed. With the US shale oil and gas industry at its height, many experts consider selling as the better option (compared to leasing); however, while the selling definitely offers lots of advantages, some still choose to just hold on to their rights, waiting for a much better opportunity or offer to come . . . but for no one knows how long.

For some owners, the hesitation to sell actually pays. With patience and a land that actually happens to be productive, leasing, instead of selling, has enabled them to enjoy continuous profits – profit that has become larger than the amount they would have received had they decided to sell. Others, however, were just not lucky enough, for after having leased their mineral rights, the lessor soon discovered that the land was either worthless or not as productive as thought of, resulting to the owner’s complete loss. Besides an unproductive land, whatever damage had been done on the land’s surface ends up as a concern of the property owner, not the lessor.

A decision to sell mineral rights, however, means sure money, regardless of whether the land is actually productive or not. And the amounts offered in sales are often very hard to refuse for some are even more than enough to afford the owner to retire early from work. Well, it is true that if the property were rich in oil or gas, the seller will no longer be able to enjoy any of the benefits from the produce since all rights have already been paid for in a one-time deal by the buying firm. But the profit from the sale of his/her mineral rights may also enable him/her to purchase another property or put up his/her own business, wherein lesser risks are involved and the profits, certain.

Just one crucial advise experts offer owners of lands within the shale region is to make sure that they consult a legal professional before making any decision as expert, legal advice will surely help them make the best decision.

Read More

Real Estate: Of Construction Defects

Posted by on Feb 9, 2015 in Real Estate Law | 0 comments

It is regarded by many that the American dream is to have a house you can call your own, possibly even leaving it for your kids and for generations to come. Real estate is then highly considered as one of the smartest investments you can make in the market today. However, you must ensure that the foundation of the house you built must be sound from the ground up, in order to avoid further implications that come with faulty construction of which you, as the property owner, could be held legally liable.

Real estate is a costly enough venture in and of itself. According to the website of the lawyers from Gagnon, Peacock & Vereeke, P.C., property that has defects from construction warrants the right for the owner to seek legal action. There are several issues that could be a primary instance as to why professional help should be sought in this department.

Poor workmanship on the property, for one, is grounds to file litigation, as is the use of defective or outdated materials, as well as negligence on the part of the workers, contractors, or architects. Any failure that is not a fault of your own can be brought to a legal justice. Expert help is often sought in the first place when building any new place and it is in that contractual agreement that this help would be efficient, suffice, and safe for the property owner to enjoy. Accidents could occur upon the property that could merit serious medical issues or even result into incapacitating the victim, rendering the victim unable to go to work either temporarily or permanently, therefore resulting into lost income and further trauma.

There are many serious implications that come with real estate and these should always come with well-prepared and legal documentation, ergo prompting the need of an attorney that knows his or her way around this particular field of law. It can be quite a tricky, demanding branch and so it would be more beneficial for you to seek expert help who are confident in their knowledge of this kind of legal issue.

Read More

Consequences of Using Risperdal

Posted by on Feb 6, 2015 in Pharmaceuticals | 0 comments

Mental disorders and disabilities can be one of the most difficult illnesses that anyone can go through. Unlike those of a physical kind, these can sometimes be more difficult to live with as they contribute to the victim’s psychological and emotional health, as well as being a large part of their personality as a whole. Illnesses such as schizophrenia, bipolar disorder, and autism are some prime examples of these kinds of conditions that make it difficult for life to carry on as usually and normally as it should for anyone experiencing it.

Some physicians will prescribe medications in order to combat these illnesses. For the aforementioned illnesses, one of the common drugs prescribed to treat it is a drug called Risperdal. Though it has been warned by the U.S. Food and Drug Administration that there are some severe consequences at the incorrect intake of Risperdal, there are still some claims from people who have taken this drug but have suffered more traumatic side effects that they never would have had had they never taken the drug.

Some of the side effects, as cited by evidence taken from the website of the lawyers at Williams Kherkher, include the dominance of suicidal impulses in the victim, heart attacks, or even gynecomastia in some young males, among other numerous side effects that have been proven to be linked to taking the aforementioned drug. These side effects can be extremely damaging and cost way more in expenses in treating the original affliction in the first place. This is why it is extremely important that the manufacturers of this drug, Johnson & Johnson, be held accountable for the unfortunate results that this drug may have caused on unwitting victims.

If you or someone you know has suffered unnecessarily due to the intake of Risperdal, it is of the utmost importance that you contact legal aid that has a specialization in this branch of law immediately, in order to be properly represented against such a large corporation in a court of law.

Read More

Finding Dental Service You Can Trust

Posted by on Feb 4, 2015 in Health | 0 comments

Of all the doctor’s appointments that many people have to deal with, dentists’ appointments are usually considered one of the most daunting ones to face. After all, pain that is born from the teeth is the most naturally painful kind of pain as there are nerves in the teeth that are extremely sensitive to several influences. That is why it is important that the dental services that you and your family find come from a dentist with a compassion and protocol that you can trust.

There are many people who find it difficult to deal with their teeth, however. According to the website of Dr. Sid K. Steadman D.D.S., there are quite a number of families that find it difficult to schedule in appointments and checkups in order to better care for their teeth. Regret always comes last, so they say, and often people fail to realize how much they depend on properly functioning teeth.

That is why it is imperative that when looking into availing of a dentist’s services that you are cared for and treated by only the most qualified of dental experts. One infinitesimal mistake could lead to extremely painful aftermaths. Most families then often resort to a particular dentist for this is a medical matter that must be for every member of the family and periodically too. There should be mutual trust in the relationship between the family and the dentist in order for there to be ease during the procedures, allowing for a less tense and more comforting environment in the dental clinic.

There are some health complications that could arise from untreated dental conditions, such as infections that could result into severe migraines and extremely high fevers. At the first sign of pain or discomfort, contact a dentist you can trust immediately in order to address the situation as soon as possible, preventing it from developing into anything else.

Read More

What Can You Do About a Disability?

Posted by on Feb 3, 2015 in Social Security | 0 comments

Living with a disability can be an arduous thing from the get go. Automatically, you are given hindrances from being able to do what should be regular day to day activities. Sometimes, you are born with the disability; sometimes, the disability is newly received and temporary; sometimes, there is no going back to how things were before. Whatever the case may be, there are definite handicaps that come with being either physically or mentally disabled.

It is a difficult enough feat to be able to live on one’s own without these kinds of obstacles to think about, which makes living a normal life quite the unusually extraordinarily difficult task. Fortunately, according to the website of the Chris Mayo Law Firm, people who suffer from these unfortunate circumstances are eligible to file for an appropriate Social Security Disability program. This can be, however, quite a complicated process to go through and there is stress and strain enough in having to live with certain complications.

There are many different subsets of the programs that are available, depending on what is required by the person availing it. There is Social Security Disability Insurance, claim filing, claim appeal, injury representation, et cetera. There are many different factors that come into play as well and it can get increasingly arduous as time goes on as there are many deadlines and possibly confusing procedures to go through just to be able to apply for any one particular program that could further benefit you in life.

If you or someone you know is currently looking into securing a Social Security Disability program, it is advisable that expert legal help is acquired. Professional help could end up saving you and your family a lot of time, money, and stress as they are already learned in the field of which might be still a new and daunting venture to go into.

Read More