When Does an Injury Require a Lawyer?

Injury is a scary word for everyone. No matter how the sentence ends, when someone hears “I was injured in…” or “I was injured by…” they fear the worst. Injury feels so much stronger than the word “hurt.” It feels official, and it feels long term.

But when is an injury not just an unfortunate accident? When is an injury someone’s fault?

For most of us, it’s a difficult idea to define. There are obvious examples we can see easily: a car runs a red light and hits a pedestrian, that driver is guilty. Two drivers speeding and not paying attention hit each other, both are at fault.

But when it comes to the gray area in between, we can struggle to know what to do and who to assign guilt to, and that can lead to some very unfortunate consequences.

Because, if you are involved in an accident and you make the wrong call, you may end up costing yourself and others time and money. If you go forward with a lawsuit when one isn’t warranted, you’ve wasted hours and money of yours and the other party (as well as the lawyers) on a pointless case. If you don’t pursue a lawsuit when someone is guilty, you may have massive medical bills and pain and suffering that could be compensated that never will be.

Because it is difficult to make these choices, it is often wise to bring a lawyer in to consider the case for you and to give you advice. This area of law is called “personal injury” and many lawyers will hear out your situation and give you some initial advice for free. (In fact, many lawyers will take your case for free and simply take their fees from whatever you win in court, if you do win, otherwise, they too don’t get paid.)

Personal injury can cover a wide variety of cases, including, according to these Carbondale injury attorneys, car accidents, truck accidents, workers’ compensation, premises liability, products liability, and medical malpractice.

Each of those areas is vast and complicated in its own right, but the general concept of each should be clear. The first two categories refer to automotive-based accidents, and can cover anything from the person hit on the bicycle by the driver going through a red, to a tipped over semi truck that causes an accident, and much in between. Workers’ compensation involves accidents on the job, while premises and product liability are about the safety of locations and objects that might have caused injury due to some form of negligence. Medical malpractice occurs when doctors and other health professionals cause injury or death by making avoidable mistakes.

With each of these, most cases fall into the gray area that is hard to decide from a layman’s perspective. If you’ve been harmed in one of these ways, or know someone who has, look for a lawyer to consider your case. Injury may be a scary word, but a scarier thought is going through life with an injury that others should have paid for.

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Personal Injury: Medical Negligence

When an individual is injured as a result of another’s negligence, they may be able to claim compensation for their suffering by filing a personal injury lawsuit. Since people sustain injuries in a variety of ways, personal injury lawsuits fall into a variety of categories. One category of essential important is medical malpractice, which is committed whenever a doctor or other medical worker fails to meet the standards of his or her field. Given the high dollar value of medical malpractice claims, it’s important for injured individuals to hire an experienced personal injury lawyer who can help them build a legally legitimate case.

Types of medical negligence

As the Oklahoma personal injury attorneys at Abel Law Firm explain, medical malpractice can occur in a number of ways including the following:

  • Surgical errors: surgery can be as dangerous as it is beneficial when doctors and nurses are negligent. Surgical errors can increase both a patient’s hospital bills and degree of suffering, so victims are often eligible to claim compensation for such errors.
  • Misdiagnosis: covers instances in which doctors improperly diagnose their patients. This can occur when doctors fail to order the proper tests, fail to check patient history, fail to recognize obvious signs of an illness, or fail to order enough scans, bloodwork, or other tests
  • Infections spread through hospitals: infections such as tuberculosis, mycobacterium abscessus, and norovirus can occur when a hospital fails to keep its facilities as safe and sanitary as possible
  • Medication errors: covers instances in which doctors prescribe the wrong medication, use defective/contaminated equipment to administer medicine, prescribe an incorrect dosage, prescribe a medicine the patient is allergic to, etc.

This list of potential medical malpractice cases is far from comprehensive, so it’s important for individuals injured by medical care to seek an expert’s opinion as soon as possible.

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Obtaining an Immigrant Visa: The First Step to Becoming a Lawful Permanent Resident in the U.S.

The first paragraph in the website of the U.S. Department of State – Bureau of Consular Affairs says, “Foreign citizens who want to live permanently in the United States must first obtain an immigrant visa. This is the first step to becoming a lawful permanent resident.”

Immigrating to the U.S., however, is not simple, much more the process that foreign nationals have to go through once they decide which visa program or category they want to qualify into. Though the family-based or employment-based visa categories are the programs that most immigrants apply into, there is another category wherein certain individuals may qualify, the processing time of which is much faster, and the requirements are fewer: the EB-5 visa, also known as the employment fifth preference visa.

The EB-5 Program was approved by the U.S. Congress in 1990 for the purpose of boosting the growth of the nation’s economy through capital investment and job creation by foreign investors.

The EB-5 Immigrant Investor Program is the easiest way for wealthy foreign nationals (and their families) to obtain a U.S. Green Card. The required amount of investment is $1 million for the creation of a new commercial enterprise and $500,000 if the investment is to be made in a Regional Center.

In accordance with U.S. Citizenship and Immigration Services (USCIS) definitions, a commercial enterprise refers to any type of “for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:

  • Sole proprietorship;
  • Partnership (whether limited or general);
  • Holding company;
  • Joint venture;
  • Corporation;
  • Business trust or other entity, which may be publicly or privately owned; and,
  • A commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.”

An EB-5 Regional Center (RC), meanwhile, is a USCIS-designated service agent organization with the purpose of helping EB-5 investors complete a project and meet the requirements mandated under the EB-5 Program. There are 1,203 EB-5 Regional Centers all across the U.S.; this includes the 851 regional centers approved by the USCIS on August 1, 2016.

Every year, the USCIS grants 10,000 visas through the EB-5 program. For the first time since 2007, when only 700 EB-5 visas were issued by the USCIS, the annual quota of 10,000 was reached both in 2014 and 2015. More than 90% of those granted the visa were from China.

Aside from China, Russia is another country where a steady flow of those immigrating into the U.S. come from.

Russian willing to invest in the U.S. began to increase in the early 1990s, after the collapse of Communism and after. The plummeting of the Russian stock market and the Russian ruble in 2014, however, has had unfavorable effects on those planning on investing in the U.S. as it made the $500,000 EB-5 investment now cost up to about 50% more in rubles than it did just a few years ago. Fortunately, a lot of wealthy Russians who would qualify under the EB-5 program have dollar and/or Euro currency accounts outside of Russia.

As explained by a Russian-speaking business immigration lawyer, “Many hopeful immigrants find themselves facing lengthy delays and wait times, and many suffer the frustrating experience of having their visa applications rejected altogether for minor errors or filing problems. Individuals pursing an EB-5, however, are often able to avoid many of the time delays and strict visa requirements that other hopeful immigrants face in their journey to the U.S.”

Furthermore, “individuals taking advantage of the Immigrant Investor Program can secure a green card and enjoy the following benefits:

  • No language, age, professional experience, or education requirements;
  • No need for direct family members in the United States;
  • No residency requirements in the U.S.;
  • No workplace requirements in the U.S.; and,
  • For individuals investing in Regional Center projects, no daily management / running of a business.”

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Common Workplace Injuries

Whether you work construction or consulting, the workplace requires attention to detail in order to avoid injury. Even seemingly harmless trades, like consulting, contain risks that workers must be aware of to properly protect themselves. In the event of an injury, workers compensation is frequently necessary to avoid loss of income and compensate for decreased work functionality. According to the Benton Law Firm, Workers compensation is an insurance program that can recover some financial loss for any work-related injury or illness. However, there are some limitations to workers compensation, and in many situations, there are ways to receive additional damages for your injury. The process of recovering workers compensation involves lawyers and insurance companies assessing precise levels of disability to determine the proper payout.

The most common workplace injuries are overexertion injuries caused by pulling, lifting, pushing, holding, carrying, and throwing activities at work. These tasks can be impossible to avoid in industries that require manual labor. To avoid injuries such as these it is important to be aware of, and have access to, safety standards and equipment. OSHA, the Occupational Safety and Health Administration, focuses on keeping workers safe by mandating these procedures be followed. These procedures include mandatory training courses and safety equipment that must be worn at all times in risky workplaces.

A less obvious, but equally dangerous, workplace injury is caused by repetitive motion. These kinds of injuries are more common in office jobs, as employees frequently sit at their desk for hours at a time. There are many opportunities for repetitive motion injuries in an office setting. You can strain your eyes from staring at a computer screen for too long, develop carpal tunnel syndrome from typing for too long, or damage your back muscles by sitting for too long. To combat these risks, it is immensely important that employees take breaks to move around and get their blood flowing.

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Effects of Having A Criminal Record on Child Custody

One of the major issues being settled in a divorce case is child custody. When it comes to determining who gets custody, court decision will always boil down on the best interest of the child. Austin divorce lawyers will tell you that determining child custody can be a long and drawn out battle between the spouses. When one of the parents has a criminal conviction in their record, it could have a huge impact on the child custody case.

If a parent has a previous criminal record, their history can play a huge role in their child custody case. Its effects on child custody will depend on several factors such as:

  • The victim of the offense
  • Type of offense
  • Age when the offense was committed
  • Nature of the sentence
  • Multiple convictions

If you have a criminal record and is in a child custody case, the judge will want to look at the identity and relationship of your previous victim. If the past offense caused emotional or psychological injury to one of your children, chances are the court could limit your custody and visitation rights. According to the website of Horst Law, the criminal conviction can haunt the parent for years and can affect their chances on getting a favorable decision on their child custody case.

In making their decision, the judge will look at the nature of the conviction. If the previous crime involved crimes such as assault, battery, weapons offenses, stalking and others, this would make the court worry about anger management and violence issues which could affect the child custody case once the history of domestic violence has been established. This will make the court assume that you are a bad parent due to your history of abusive record. The court may only award limited or supervised child custody.

Likewise, drug or alcohol related violence can also affect the child custody case. You may be required to submit to a hair follicle test to determine whether you used drug use for several months. If you are tested positive for drug use, you may just be awarded with supervised visitation.

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The Different Types of Rollover Accidents Explained

One of the worst accidents that can happen to you on the road is a rollover. Although more common in larger vehicles such as SUVs, pickups, and vans, rollovers can also happen in automobiles. These types of accidents happen when a driver loses control and the vehicle flips over several times. A Chicago personal injury lawyer will tell you that rollover accidents can have a devastating effect on the driver.

While they can happen in only about 3 percent of all serious crashes, they represent about 30 percent of deaths in passenger vehicles. Rollover accidents have something to do with the center of gravity of vehicles. Sideway forces that develops when a vehicle rounds about a curve shifts the gravity to one side which can dramatically impact the balance of the car. A Fort Walton beach car accident lawyer is well aware that accidents cannot be prevented so it is up to you to take all the necessary precautions.

Data from the National Highway Traffic Safety Administration (NHTSA) revealed that 95% of most rollover accidents are tripped. This happens when the tires of a vehicle digs into soft soil or strikes an object such as curbs or guardrails. The strong force applied on the tires results to the car rolling over. When you get injured in an accident such as a rollover, it will often result to serious injuries such as head trauma, spinal cord injuries, or loss of consciousness.

To prevent your car from rolling over, you can invest on rollover avoidance technologies. Likewise, you can choose cars with better design as well as enhanced safety systems. But most importantly, always use safety belts when on the road and prevent yourself from being part of the statistics. Make sure that your tires are in good condition and properly inflated to the recommended pressure by the manufacturer.

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How To Run A Startup Business

Times are hard nowadays and running a startup business can be difficult. An Austin business attorney will tell you that there are many intricacies involved in forming and running a startup. Unlike other kinds of businesses, startups have specialized legal concerns that other businesses do not have. There are several factors that you need to consider when setting up a startup business. Here are things you need to bear in mind when launching a startup business:

1. Plan Ahead

No matter how smart you are, it is best to put down your plan in black and white. You cannot remember everything so your random observations, your conversation with others, and other thoughts worth following up on should be written down. So jot them down or you will lose them.

2. Stick To Your Budget

It can be easy to lose sight of your expenses and this is a recipe for disaster. Whatever happens, stick to your budget especially when you are just in the early stages of your business. You need to have discipline in all aspects of your business not only financially. If you believe you have been inadequately supervised by a broker contact a failure to supervise lawyer.

3. Flexibility

Things will not always work out according to plan so you need to be flexible and make the necessary adjustments. You need to accept what needs to be modified, scrapped, or completely rebuilt. Likewise, you should also learn how to embrace new changes.

4. Register your business

Business registration is an important step that you need to undertake. You can get help from a lawyer when registering your company.

5. Launch

Once your business is in place and your products or service is available, it is time to launch your business.

6. Grow

Your ultimate goal when running a startup business is to grow. You cannot remain a startup for a long time. The growth of your startup is the measure of your business success.

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