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Consequences of a Head-On Collision

Posted by on Jun 10, 2015 in Car Accidents | 0 comments

Head-on collisions are a type of car crash where the front ends of two vehicles (train, car, ship, airplane, or other mode of transportation) collide. They often result in fatal collisions and in the United States head-on collisions account to a significant number of fatal crashes. According to the Woodson Law Firm website, despite the strong preventive measure from the government, car manufacturers, safety activists and groups, many motorists still engage in reckless driving habits that endanger not only their safety but also their passengers’ and other people on and off the road.

It is the other driver’s reckless and negligent actions can become grounds for personal injury claims. According to the website of Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., victims have the right to look for compensation to help cover for medical expenses, lost wages, pain and suffering, and other damages. Because the effects of a head-on collision is more than just physical, victims of such car crashes are urged to pursue a personal injury claim if they want to avoid financial issues in the future. Likewise, depending on the severity of the injury and the car crash, punitive damages can be rewarded to deter similar actions from being committed in the future.

According to the website of the San Antonio car accident lawyers at Chris Mayo Injury Lawyers, head-on collisions are among the most dangerous types of vehicle crashes, often leading to spinal injuries, traumatic brain injuries, paralysis, and even death. Despite car manufacturers ensuring the utmost safety of their consumers, safety driving is still the best defense against serious or life-threatening car crashes. Head-on collisions are considered rare, since majority of drivers know the danger of it and prevent these collisions from happening. Preventive measures such as barricades, warning signs, surface markings, median barriers, and effective traffic enforcers greatly reduce the possibility of head-on collisions as well as lower the risks of serious injuries when it does occur. Negligent driving and reckless behavior are often deemed as the cause of head-on collisions.

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Discrimination in the Workplace

Posted by on Jun 6, 2015 in Employment | 0 comments

Sex-based discrimination can be defined as treating a person (either an employee or an applicant) unfairly due to their sex, their affiliation to certain organizations or groups, or their gender identification. Any sex-based discrimination is deemed forbidden and is considered a violation of Title VII or the Gender Identity Discrimination. This allows gay, lesbian, and bisexual people to file for sex discrimination claims.

Title VII is a federal law enforced by the EEOC (Equal Employment Opportunity Commission) making it unlawful to discriminate against a person due to their race, religion, color, sex (including pregnancy), disability or genetic information, or age (40 years old or older). This also protects the employees from employers’ retaliation when they have opposed discriminating workplace practices – e.g. reporting incidents of sexual harassment or joining a rally group – or when the employee have filed claims or charges against the employer that prompted an investigation by the EEOC.

Aside from the federal laws protecting employees from sexual-based discrimination, each state can have their own human rights laws that can further protect their employees. Having the world’s most diverse population, New York also has a lot of cases involving sexual-based discrimination. According to the website of Cary Kane LLP, the state and city of New York has supported many laws that protect the LGBTQ community, but the battle for equality is still ongoing, since the state only has partial support for employment discrimination.

The state of Texas, however, still have issues with workplace discrimination, as reported on the website of The Melton Law Firm. Although the state of Texas does not prohibit employment discrimination based on gender identity and sexual orientation, workplace discrimination is still something that is deemed illegal. Employees are urged to report any forms of discrimination that they experience or see. Both employers and employees should understand that a company’s policy or practice that causes negative impact to anyone’s employment that is not job-related or a necessary part of the employment can be considered illegal.

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Injuries Caused by Dangerous Power Lines

Posted by on Jun 5, 2015 in Injury | 0 comments

Power lines are put up and maintained by various agencies of the state, so it can be difficult to determine who to go after when they cause injuries or even death. According to the website of the Woodson Law Firm, a successful personal injury or wrongful death claim against public agencies requires strong evidence of negligence on the part of the agency, and that their actions were unreasonable and were the direct cause of the injury.

There are several factors that can help determine whether the actions of the public agency were negligent. Some reasons that personal injury lawyers such as According to the website of Crowe & Mulvey, LLP, some of what personal injury lawyers sea are looking are:

  1. The height of the power lines from the ground
  2. Warning and other caution signs posted near the power lines (or lack thereof)
  3. The insulation (or having none of it) on the power lines
  4. Voltage in the lines
  5. The distance of the power lines from surrounding buildings
  6. Either the power lines is in compliance with the local safety codes

According to the website of Pohl & Berk, LLP, there can be instances where a third party (such as another person) or natural conditions/disasters causes the power lines to become dangerous. Even in these situations, the public agency in charge of maintaining the power lines can still be held liable if they failed to repair the dangerous situation despite knowing about it. The public agency will only be free from any liability if the victim’s injuries were caused by their acts of their own volition, or if they acted unreasonably which lead to their injuries.

Due to the complex nature of personal injury claims against public agencies, it is almost necessary to hire a personal injury lawyer who specialize in these types of cases. It is also advised to consult with lawyers who know the laws in your state, and who have experience in tackling with public agencies. Contacting a lawyer immediately will be helpful in securing the proper proof of negligence to make a strong personal injury claim.

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Divorce and Determining Paternity

Posted by on Jun 4, 2015 in Families and Divorce | 0 comments

Paternity issues can become a big problem during a divorce proceeding, but they are rather common. When a husband questions his paternity to a child, the paternity test should be done during the early stages of the divorce in order to give both the husband and the husband’s lawyer enough time to prepare the necessary court documents asking for relief from child support or for any modifications for child support and visitation.

In order to prevent or lessen the harm done to the child involved, paternity in divorce should be handled properly, since divorce itself can already by emotionally painful to the child. There are two general ways that paternity can be determined, but only one is deemed a reliable source: HLA and DNA testing are both used. HLA testing, however, is not as accurate as DNA testing (which has become more affordable and is 99 percent accurate).

The court legally assumes the man is the father of the child when his is married to the mother, or he has signed a certificate of paternity (regardless of whether it is the birth certificate or affidavit of paternity). A putative father is a man who is alleged to be the father of a child born out of marriage. According to the website of the Law Office of Daniel Jensen, P.C., a biological father has the responsibility to provide for their minor child despite being divorced from the mother. When doubts regarding the paternity of the man are brought into question, it is the father or the petitioning party who will have to provide the burden of proof, or the paternity testing is brought about by the child support office or the court themselves.

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How to Handle Debt

Posted by on Jun 2, 2015 in Bankruptcy | 0 comments

Federal Law provides anyone with the right to file for bankruptcy, and this process is completely handled by the federal court. A personal bankruptcy claim is one way to help you manage your financial situation. Although filing for a personal bankruptcy should be the last resort, there are many reasons why people they file for bankruptcy – injury or illness, job loss, or personal loss. There are two ways that a person can file for a personal bankruptcy: Chapter 7 and Chapter 13 bankruptcy. Both of these options have thing pros and cons, therefore it is important to know which one would be more beneficial to your financial situation.

Chapter 7 is aimed for people who have large amounts of debt but is unable to pay for them due to low income. This often requires you to forgo a lot of your personal properties but would wipe out the general bulk of your debts. On the other hand, Chapter 13 bankruptcy can help you keep your property but would require you to have a legally-binding repayment agreement, usually to be completed between three and five years.

Being under either Chapter 7 or Chapter 13 bankruptcy would protect you from debt collectors, since the court will issue an automatic stay, preventing the creditors from contacting you and requiring you to pay them, foreclose your house, repossess your car, turn off your utilities, and even harass you. Personal bankruptcy allows you to deal with dischargeable debts, but there are exceptions to the types of debts that can be discharged. In the state of Texas, you can use the federal exemption statutes rather than using the Texas exemptions.

A Plano bankruptcy lawyer will tell you that each case is unique in its own ways. With that in mind, the help of someone who has experience with these sorts of things could prove beneficial, especially since state laws can have different rules regarding exempt and non-exempt debts. In order to have a more detailed and specific information about your financial situation and bankruptcy option, you should contact a personal bankruptcy lawyer who knows and understands the bankruptcy laws in your state.

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