The Debate That Changed My Life

The Debate That Changed My Life

Filing A Medical Malpractice Lawsuit When A Foreign Body Is Left Inside Of You In New York

Posted by and Uncategorized | Comments Off on Filing A Medical Malpractice Lawsuit When A Foreign Body Is Left Inside Of You In New York

If you live in the state of New York, and a foreign body was left inside of you during a surgery, you may have grounds to file a medical malpractice personal injury lawsuit against the medical team that left the foreign object inside of you. Here are a few things that you need to know about filing this type of lawsuit in the state of New York.   What Constitutes A Foreign Object The first thing you need to understand is what constitutes a foreign object. A foreign object is something that a doctor leaves behind inside of your body that they did not intend to leave behind.  There are a variety of surgical items that can get left inside of patients. Generally, it seems that sponges, towels and gauze are the most common types of objects left inside of patients; however, foreign objects can also include large medical equipment and tools, such as forceps.  However, not all items that are left inside of your body are considered foreign object. If an item was placed inside of you and was supposed to be left there because it served a medical purpose, even if it did not fulfill its purpose, does not count as a foreign object. For example, a catheter would not count as a foreign object.  It is vital that you figure out what was left behind in your body so it can be determined if it indeed was a foreign object that served no medical purpose.  When You Can File A Case In New York, the statute of limitations in medical malpractice suits generally starts running down as soon as the malpractice mistake occurs. For example, if you were given the wrong medication and it results in complications, you have two and half years from the date of when that mistake occurred to bring a medical malpractice suit against the medical professional who gave you the wrong medication. However, the statute of limitations for foreign objects is not the same as it is for other medical malpractice lawsuits. Often times, people do not know that a foreign body was left inside of them till years after the fact when they experience medical complications from the foreign object. Due to the fact that foreign objects are often found a significant time after the fact, you have one year after discovering the object to file a malpractice claim.  If you found a foreign object inside of your body that was left behind by a medical professional, you need to speak with a New York lawyer right away. You have one year to file a malpractice suit; every second...

read more

A Few Situations When You Should Hire A Personal Injury Attorney For Your Mental Anguish

Posted by and Uncategorized | Comments Off on A Few Situations When You Should Hire A Personal Injury Attorney For Your Mental Anguish

When you have been hurt physically due to someone else’s neglect or carelessness, you know you can talk with a personal injury attorney to be compensated for the medical bills, loss of wages, and the emotional toll it took on you. However, you may not realize that personal injury law is not limited to emotional damage only when in combination with a physical injury. Here are a few situations where a personal injury lawyer can help when you are suffering from mental anguish caused by someone else. Witness to a Trauma Just because you were not involved in a car crash or the victim of a crime does not mean you were not traumatized if you saw it happen. If you are exhibiting or feeling the different types of emotional distress, such as anxiety, depression, grief or unexplained stress, you should seek counseling from a psychological counselor and a personal injury attorney. You should not have to lose sleep, work, or be afraid to live your life because of what you saw. The person responsible for the crash or crime needs to make restitution to you for your counseling bills and for your pain and suffering. Discrimination If you are being discriminated against in the workplace for whatever reason and it is causing you to miss work or be constantly afraid when you do go to work, you can sue for intentional emotional damages. In addition, if your employer is not trying to rectify the situation you have a good case against the company as well. Cyberbullying In this age of technology and social media, people are spending more time online; often with people they have never met in person. The meaning behind the written word on social media sites can often be misinterpreted, leading to online arguments and hurt feelings. However, when things get out of hand and you feel humiliated, scared, depressed, or anxious in any way, you need to seek counseling and legal help. A personal injury lawyer will know what charges can be brought against the bully and how to go about filing them so the bullying stops immediately. Emotional anguish is not something to be taken lightly. People end up unable to perform daily activities, maintain any type of social life, and may even resort to suicide. If you are experiencing any symptoms of emotional distress, or if you know someone who is, seek appropriate medical help and then contact a personal injury lawyer like those at Erickson Law Office to make sure your stress is not made worse with financial...

read more

Challenging A Cannabis DUI Arrest In Court

Posted by and Uncategorized | Comments Off on Challenging A Cannabis DUI Arrest In Court

As more states begin to legalize cannabis and its use becomes more widespread, law enforcement authorities are struggling to find adequate measures of impairment in drivers. Unlike alcohol, the primary chemical components of cannabis can linger in the bloodstream for weeks or even months, making it nearly impossible to accurately gauge the intoxication of a suspected driver. If you were recently arrested on suspicion of driving under the influence of cannabis, you may be able to appeal the charge, retain your license and avoid a criminal record. With the help of a good DUI attorney, you may find grounds to challenge the claim on a number of different fronts.  Understanding Your State’s Laws Regarding Cannabis Although cannabis is illegal on a federal level, many states have implemented their own laws regarding its use while driving. This is especially true if your state has already legalized or decriminalized the drug. In Colorado, for example, the legal limit of THC in your bloodstream is 5 nanograms per milliliter, but the state allows you to contest a DUI charge if you can prove that you were not actually impaired at the time. In other states, however, where cannabis is still entirely illegal, you may have no legal recourse to fight the conviction. This may also be the case if you consumed marijuana while under the age of 21.  Ensuring Your Arrest Was Lawful If your state’s laws regarding cannabis and driving leave you without a legal defense, you may still be able to argue your case based on the details of your arrest. In some situations, unlawful search and seizure can be used to dismiss charges entirely, particularly if your Miranda rights were never read to you. If you suspect that you were pulled over for any reason other than your driving, such as your ethnicity, economic class or a random targeting, talk to your DUI attorney about your concerns.  Challenging Your Intoxication Level Finally, because of the imprecise measuring techniques available to law enforcement, you can choose to challenge your DUI charges on the basis that you were not actually impaired while driving. This is an especially promising line of defense if you were able to pass a sobriety test at the time of your arrest, or if the police officer has listed no specific instances of dangerous driving on the arrest report. Drugged driving is still a contentious subject of legal debate, and a skilled attorney may help you avoid a conviction based on the current limitations of most testing systems. There’s no reason to let a flawed test strip you of your license and future prospects, so begin exploring your options with your attorney today. Contact a law firm, such as the Mesenbourg & Sarratori Law Offices, for more information....

read more

Four Little Mistakes New Store Owners Make That Lead To Legal Issues Later On

Posted by and Uncategorized | Comments Off on Four Little Mistakes New Store Owners Make That Lead To Legal Issues Later On

Countless stores have had to declare bankruptcy after being named in lawsuits. If you want to protect your same business from the same fate, then make sure you avoid these common mistakes that new business owners often make as they’re setting up their companies. Not having enough liability insurance. As the owner of a store, you need general liability insurance to protect you if someone were to become injured in your business. Without this insurance, you would be faced with a lawsuit if someone were to become injured in your shop. Make sure your policy offers substantial enough coverage, too. How much coverage you’ll need will depend on many circumstances, including the size of your shop, the nature of the items you sell, and the affluence of your area. Insurance consultants or the best lawyers in your area can advise you as to how much liability insurance coverage is necessary for your circumstances. Not following proper interviewing procedures. If you’re new to the idea of hiring employees, then you might not know that there are certain questions you should not ask in a job interview. These include questions about the interviewee’s religion, pregnancy status, political preferences, race, age, disabilities, marriage status, plans to have children, debt situation, and drinking habits. While asking these questions is not technically illegal, it does suggest discriminatory intentions. It’s best to avoid asking them. You never know when someone you interview might become offended and bring a discrimination lawsuit against you. Not fully screening your employees. If your employees cause trouble on the job, chances are you, as the business owner, will have to carry some sort of legal responsibility for that. You’ll save yourself from a lot of legal issues down the road if you’re more careful about who you hire. Run full background checks on potential employees. Take the time to call their references. Say “no” to anyone who has a history of drug abuse, violence, or harassment. Similarly, if an employee starts causing trouble on the job, let them go promptly rather than hoping they turn around. Not having an accountant do your taxes. You may not intend to file your taxes incorrectly, but if you make the wrong mistakes, the IRS could end up knocking on your door and suing you. As a new business owner, you have so many different hats to wear. It’s best to leave the taxes to a professional accountant who can ensure they’re done right. Paying an accountant up front is cheaper than paying a tax attorney down the road when you end up in a legal battle with the IRS....

read more

When The Injury Is Severe: What To Know About Permanent Disability And Workers’ Comp

Posted by and Uncategorized | Comments Off on When The Injury Is Severe: What To Know About Permanent Disability And Workers’ Comp

For those so severely injured at work that a return to your previous position seems unlikely, you may be wondering what will happen now. If you are unable to return to the physical condition level you had before your injury, you may be deemed to be permanently disabled. The determination for permanent disability can be separated into four main steps, so read on to find out what is store for you. 1. Initial phase of injury. Your employer’s workers’ comp insurance company has already been paying your injury-related medical expenses and a portion of your lost wages while you try to recover. Your main focus during this time is make sure that you keep your medical appointments and comply with all treatments and tests. Life may become financially difficult, however, since most workers’ comp benefits will only pay a portion of your previous wages. 2. The independent medical exam. If you are still unable to return to work after several months of treatment, you will be asked to undergo an independent medical exam. Some injuries are expected to take longer to heal, but some are not expected to heal at all. For example, if you have suffered from a traumatic limb amputation, an independent medical exam would likely take place immediately. For those with muscle strains, back injuries and broken bones, the independent medical exam would be delayed until you have a chance to heal. Be sure to treat this important step in the process with due care. Be prepared to discuss your injury and how it has impacted your ability to work at your job. The doctor conducting this exam will be of the insurance company’s choosing, and you should be honest but polite in your behavior. You should know that you are entitled to have a doctor of your own choosing to conduct another independent medical exam if you prefer. Be sure to discuss this option with your workers’ comp attorney. 3. A determination of maximum medical improvement (MMI). Don’t be misled by this determination’s wording, this does not mean that your condition will never improve. MMI means that the doctor has examined you and decided that your condition is unlikely to improve enough for you to return to your previous job. 4. The settlement offer. Your month-to-month wage benefits will end upon the MMI determination, and you will be offered instead a settlement, either lump sum or monthly. If you have not retained a workers’ comp lawyer by now, you should understand that settlement negotiations can be stressful and difficult. You are bargaining for compensation that is expected to see you through your entire lifetime, so don’t go it alone. Contact a workers’ comp attorney to support you through this process and increase your chances for a fair settlement offer. For a workers compensation lawyer, contact a law firm such as Gilbert, Blaszcyk & Milburn...

read more

3 Facts You Should Know About Financial Aid For Adopting From Foster Care As A Single Parent

Posted by and Uncategorized | Comments Off on 3 Facts You Should Know About Financial Aid For Adopting From Foster Care As A Single Parent

If you are not married and are now financially, emotionally and physically ready to become an adoptive parent to an eligible child currently in foster care, you are in luck. In recent years, the numbers of single men and women who have chosen to become parents through adoption has grown dramatically. Excluding the adoption of special needs kids, about 5% of the adoptions that occur in the United States each year are accessed by single individuals. Therefore, it is crucial to become aware of the pertinent information and various forms of financial aid that could impact your decision to adopt from foster care. #1-Financial Aid For Legal Costs And On-going Expenses May Be Available One of the most common reasons for people who really want to adopt to not start the process is often financial. Fortunately, adopting a child from foster care is less expensive than private and international adoption, and there is frequently financial aid available for the costs of adding to your family. In some instances, on-going financial aid after the adoption has been finalized may also be available. Special needs kids in the foster care who are adopted are often eligible for that assistance; how or when that money is available will be decided by each state. #2-College May Be Free For Your Adopted Teen If you adopt a child who is 13 or older and has been in foster care at any point since their 13th birthday, they are likely to be eligible for financial aid. Specifically, their eligibility will not be based on your income; instead, they will be classified as an independent student. As a result, if you have hesitated to adopt a teenager because you do not feel that you could adequately  provide them with post-secondary education, those expenses are very rarely going to be yours. #3-Additional Options For Your Newly Adopted Older Teen If you did not finalize the adoption of your son or daughter until after their 16th birthday, they may be eligible for up to $5,000 a year from the government for vocational or technical training, as well as college classes. The program is known as Education and Training Voucher assistance or ETV. In addition, some colleges and universities provide special programs for adopted teenagers that were in foster care for at least part of their teen years. In conclusion, as a single adult, you could be in a position to grow your family by adopting through foster care. Given that the majority of states now permit unmarried adults to be considered as adoptive parents, your new son or daughter could be waiting to meet you, and financial aid is readily available to make your adoption dream a reality. Speak with professionals like Jeffrey T Bitzer for more...

read more

Arrested For DUI? 3 Legal Rights You’ll Want To Make Sure You Enforce On Your Behalf

Posted by and Uncategorized | Comments Off on Arrested For DUI? 3 Legal Rights You’ll Want To Make Sure You Enforce On Your Behalf

When you are arrested on the suspicion of drinking and driving, your legal rights will become very important to you. No matter what state in the U.S. You live in, you are protected by certain rights thanks to the United States Constitution. If you are being accused of a DUI, here are three constitutional amendments that you need to be aware of to protect yourself as best as you can until you can speak to legal counsel: The Fourth Amendment Right The Fourth Amendment protects you against any form of unreasonable search and seizure. So, when you are stopped in your vehicle by a police officer, the officer must have a reasonable suspicion that can be articulated to you and anyone else necessary that you have broken the law in some way prior to being able to conduct the stop. If probable cause cannot be demonstrated by the police officer, then any evidence that is obtained during that traffic stop could potentially be thrown out of court. This includes the results of a breathalyzer or the open beer bottles in your car. The Fifth Amendment Right The Fifth Amendment refers to the rights that any individual has if they are being accused of or charged with a crime. This includes the right to guard yourself against self-incrimination. With that being said, your right to remain silent comes into play here, which is the very first right that is said to you when you are read your Miranda rights. Police are not necessarily required to read you your Miranda rights, but if they fail to do so when they should have, the answers that you give to any questions that are asked of you during that time could be ruled inadmissible later on in court proceedings. Just remember that anything you say can and will likely be used as evidence against you because your Miranda rights don’t mean much until you are actually in the custody of the authorities. The Sixth Amendment Right The Sixth Amendment ensures that individuals who are being accused of or charged with a crime are provided with legal counsel. In other words, if you cannot afford to hire the services of a lawyer, one could be offered to you at no charge. These court-appointed lawyers are known as public defenders, and they are not always available. In some cases, it could depend on the severity of your DUI charge, the state in which you live and are being charged in, and various other factors. According to NOLO.com, if you could potentially go to jail for six months for the crime that you allegedly committed, the goverment is obligated to provide you legal counsel at the government’s expense. Something to keep in mind is that public defenders do not specialize in DUI defense, as they represent a wide range of clients who have been charged with an assortment of crimes. It may be in your best interest to seek out the help of a private DUI lawyer. To find out more about your constitutional rights as a U.S. Citizen during and after apprehension by police, consult with an attorney or visit http://www.jdlarsonlaw.com....

read more

Important Things You Need To Do When You’ve Been Involved In A Car Accident

Posted by and Uncategorized | Comments Off on Important Things You Need To Do When You’ve Been Involved In A Car Accident

When you are involved in a car accident everything instantly becomes chaos as you try to figure out exactly what just happened. There are some important things that you need to do in order to protect yourself and make sure you have all the bases covered after the accident for insurance or any potential legal case. Here is a list of things that you need to do when you’ve been involved in an accident. Immediately Report It To The Police The police should be contacted immediately when an accident happens and you should always ask for a copy of the police report. The police will come and interview all those people that involved and the witnesses that saw exactly what happened. The police will also take the time to lay any legal charges against the driver responsible for the accident. The police report will be used to let the insurance company know exactly what happened and it can be used in a court of law as evidence against the guilty party. Take Photographs & Document Everything Pictures are a great way to illustrate exactly what happened and physically show the damage that was caused during the accident. Take photographs of everything from the damage to both vehicles, to the position of the vehicles in relation to stop signs or intersections. Make sure that you submit the pictures to your insurance company and that you have back-ups of the photos in the event that you ever have to go to court for the accident. Make sure that you also get copies of the other driver’s license, and insurance information including policy number and name of the company insuring the driver. Consult With A Car Accident Attorney Immediately As soon as you can, you should sit down with a car accident lawyer and go over the details of the accident. The attorney can then refer you to a doctor to deal with any lingering injuries that have not been dealt with and can figure out if there is any legal action that you should be taking. A professional car accident attorney like Klafter & Mason LLC can help you fight to protect your rights and work to get your medical expenses covered, or to recover lost wages. If you follow the steps outlined above, you will be able to navigate through the chaos that a car accident causes and protect yourself if you need to pursue legal...

read more

4 Reasons Why You Need Professional Estate Planning Help

Posted by and Uncategorized | Comments Off on 4 Reasons Why You Need Professional Estate Planning Help

One of the great things about an estate planning attorney is that they help plan for your future. You could be new to creating an estate plan, or simply want your existing plan reevaluated. Hiring an attorney to plan your estate has several benefits you may not be aware of. If you had your doubts about using them, understand these 4 ways they can help you. Help You Make Choices Creating your initial estate plan can be very confusing. You need to have an understanding about what each legal document does and what your options are, which can be a lot to take in at one time. An attorney can help recommend a plan that will work best for you. Having somebody that can answer questions as they occur to you will make you feel comfortable with the entire process. If you try to do it all on your own, a question can be a roadblock that prevents you from moving forward. Create A Customized Plan There is not a single plan that works great for every person’s needs, which is why a customized plan is usually necessary. Your estate planning attorney will ask you questions to better understand your specific needs and planning goals. They will use their knowledge of the legal side of estate planning to determine the methods that will work best by you. Update An Existing Plan Chances are good that your estate planning needs will change as you get older. Starting a family, moving to a new state, or retiring can all require your plan to be reevaluated. For example, some states have different laws about inheritance taxes, with different thresholds for taxation applying based on how much money is left to a person. Your existing plan may need to be updated as your family grows. While an estate plan may have included your children, you may want to include grandchildren once you have them. Talk With Your Loved Ones There is a lot of communication that must happen with your loved ones regarding your estate plan. Estate planning can often lead to emotional conflicts between family and friends, and especially in situations where your estate goes through probate. An attorney can help provide mediation skills to help everyone get through the situation in the best emotional state possible. If you are thinking about planning your estate, schedule a consultation with a law firm, such as Price & Associates....

read more

Avoid These 3 Things In Your Divorce Case

Posted by and Uncategorized | Comments Off on Avoid These 3 Things In Your Divorce Case

Marriage is supposed to be a sacred covenant between two people. You say your vows and expect to spend your lives together. Unfortunately, there may come a time when one of the spouses ends up straying and breaks that vow. While it doesn’t happen all the time, it happens more often than you think. Divorces are actually quite common today. Whether it be because of infidelity, money, or personal issues, a divorce case can be confusing and downright frustrating for the other party. To help you get through your case as quickly and painlessly as possible, avoid making one of these costly mistakes. Talking badly about the other person in front of the children. While you might be upset at the other person, you cannot go around discussing your adult affairs in front of the children. Your children need to know how much you care about them. They need to know that they are not the reason this whole thing started in the first place. It is up to you to make them feel loved and wanted, not stick them in the middle of your bitter divorce case. Adult matters should never be discussed in front of the children. Keep all of the negativity to yourself when the children are around. Attempting to hide assets from the court. While it might be natural to try and hide money from the other party to prevent them from robbing you blind and taking even more from you, you have to be honest about the assets that were acquired during the marriage. It is then up to the court to determine who is going to get what. Not knowing the value of the assets. Another thing you need to know is how much an asset is worth. Knowing how liquid an asset is can go a long way in making sure you get the settlement amount you should. It isn’t going to do you any good to get the house if you don’t have any other liquid assets that you can use to pay for it. Equal liquidity is important to making sure you both walk away with an equal share. By not making one of the errors above, you can get through your case and move on to other things that are more important and less stressful. Allowing your divorce attorney to work for you and get to the bottom of your case can help alleviate some of the frustration you might be...

read more