Toxic Mold Infestation

Apr 16, 2015 by

Toxic mold is one of the rising health hazards that people in America is facing today. With the number of diseases or illnesses that it mold spore inhalation can lead to, those who have fallen victim to mold infestation are looking for someone who should be held liable for failing to ensure the safety of the property. In determining the possibility of a lawsuit, the first thing you should look into is to see who is liable for the for the mold infestation. Liability may depend on whether the mold infestation occurs in a property that you own, rent, or is a public area.

If the infestation occurred in a place that you own, you have a number of parties that can be held liable. If your homeowner’s insurance does not cover for mold infestation, you can check whether the builder or contractor was negligent in ensuring the safety of the building or property. The engineer or architect can also be responsible if their design was flawed and gave way to the infestation. Other parties that can be liable are the construction supplier, property inspector, realtor, prior property owner, or the condominium association. You and your Tennessee personal injury lawyer should be able to prove in court that these parties was negligent in keeping the property safe from mold infestation.

If your place of work is the one who gave you health complications due to mold infestation, you have the right to file for worker’s compensation. Depending on your specific case, your worker’s compensation will help cover for your damages or prevent you from filing for a personal injury claim against your employer. If the liable party is a public agency, you may have to first enter an administrative claim in order to go to court. Getting the help and guidance of a lawyer could be highly beneficial, especially if you are not sure of the size and severity of your claim. There are states in the US that have their own laws regarding mold infestations. Because the classifications and explanations of the risks of mold infestations can differ, it is extremely important to research about the laws of your state.

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Common Birth Injuries

Feb 17, 2015 by

The most common birth injuries are the Erb’s palsy and the Klumpke’s palsy. These affect the upper and lower brachial plexus, which is aw chain of nerves responsible for sending signals from the spine to the nerves in the shoulders, arms and hands. According to the website of Pohl & Berk, birth injuries often occur when the delivery of the baby is forced too much – either using forceps or vacuum extraction – where the baby’s shoulders are impacted which results to these nerves being stretched or torn. They often manifest as limp or paralyzed arms, lack of sensation in the hand or arm, or lack of control in the muscles of the arm, hand or wrist. Erb’s palsy (Erb’s-Duchene palsy) occurs to the upper brachial plexus, while the Klumpke’s palsy (Dejerine-Klumpke’s palsy) occurs at the lower brachial plexus.

There are four general types of brachial plexus injuries, from the mild to the severe. The first one is the neuropraxia or stretch, the most common type of brachial plexus injury, where there is nerve damage yet they are not torn. Next is the neuroma where torn nerves have healed but the scar tissue hinders the injured nerves and prevents it from sending or receiving signals to the muscles. The third type is the rupture that happens when the torn nerves occur but is not at the spine. The last and most severe is the avulsion, where the nerves are torn away from the spinal attachment.

Some minor cases of brachial plexus injuries can heal within 3 to 4 months through physical treatment or sometimes surgery. The prognosis depends on the site where the injury occurred and the type of injury that happened. Severe cases need immediate surgery to reconnect the torn or stretched nerves, otherwise the recovery may not be possible. It is important to treat the injury immediately in order to regain control and movement and prevent further complications in the future.

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Damages Awarded to Accident Victims

Oct 17, 2014 by

Under the personal injury laws in the State of Oklahoma, a person who has been injured by the negligence of irresponsible action of another can receive both economic and non-economic damages as decided by the court. In order to prove the fault of the other person, the process of discovery is pursued. Depositions (oral interviews) will be conducted by lawyers of both parties, and this will involved interrogating witnesses and examining the evidence. Among the presented evidence are medical records and bills, police reports, photos, and witness statements.

The comparative fault law that Oklahoma follows has an effect on the amount of compensation that a victim can receive. Under this rule, the victim can still have compensation even though they have contributed to the accident. The amount of award given by the court, however, will be reduced according to the percent of fault that the victim contributed to the accident, provided that it is lower than 50 percent.

It is fairly easy to compute the amount of compensation for economic damages, because it can be backed up with documents such medical expenses, repair bills, and estimated past and future lost wages. On the other hand, putting a dollar amount for non-economic damages can be more difficult. Non-economic damages are that ones that cover for physical and mental pain and suffering, emotional trauma, and loss of enjoyment in life. In order to help compute these damages, an Oklahoma personal injury lawyer would have to show the severity of the injuries, and physical limitations that they present, and the possibility of the injury being permanent. There are limits or “caps” to the amount of damages that the non-economic damages can provide, and you would have to talk with your lawyer regarding these matters.

Because most personal injury lawyers work on a contingency basis, personal injury cases are generally free of charge until the case is settled. Once the personal injury claim is solved, the lawyer will be paid in a pre-arranged percent of the awards given. The percent is usually the same to most lawyers, however, some do have higher percentage due to extra work done.

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Don’t Get Lost Without A Good Lawyer!

Aug 25, 2014 by

Do you have to go to court? If so, then you should understand that being prepared is the key to success. This includes finding and working with the best lawyer for your needs. Read the below article for some helpful tips on locating great lawyers to ensure that you win your case.

Before looking for a lawyer, define your question. Do you really require a lawyer? For most legal cases such as divorce, real estate or criminal, you fare better with a lawyer. Maybe you need a lawyer to deal with an estate. Maybe you just need a lawyer’s advice about a business matter, or something personal. Find the right lawyer to talk to.

Listen to your lawyer’s advice and remember they work for you. If you are uncomfortable with anything, don’t be afraid to speak up. Your attorney is one your side. However, you are but one of the many cases they handle.

Do not feel obligated to hire a lawyer because you met a few times and got some useful advice. You should sign a contract only after you agree on fees and feel comfortable with your lawyer. If you are hesitating because you have heard bad things about this lawyer or think the fees are too high, keep looking.

It is hugely important that you know exactly what your lawyer plans to do for you, according to http://www.pohlberkattorneys.com. They should lay it out in writing, preferably, before you sign on the dotted line. If they get you to sign a legal document they have drafted without explaining it, run the other way.

As you can see, the importance of finding the right lawyer is crucial for your success in court. Do not settle for mediocrity, especially when it comes to court. Arm yourself with the best lawyer that you can. Now that you have read this article, you should be able to do this. Good luck!

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