July 18th, 2009 at 02:52am
Under Aviation Law
If you have been injured, or are a family member of a person who died in the tragic Navy helicopter disaster, please call William Muhr, Attorneys & Counselors at Law, LLP immediately at 1-800-934-4529. William Muhr is a former certified military judge who has an extensive military background and 23 years of experience in the area of personal injury law. Our firm also has some of the most experienced aviation attorneys in the country. Our aviation attorneys have handled 17 major aviation disasters and never lost a case. We also have a highly-qualified team of California lawyers in our staff ready to help you. Our collective knowledge and extensive legal experience in this area of law will serve you well. People needlessly lost their lives and suffered grave injuries. The suffering of the survivors will never be fully resolved. Other people now fear their own safety flying in Navy Helicopters. We have the potential to bring change, if you let us, to save lives in the future. We must respond to this challenge to make responsible parties accountable. We cannot sit idly by and do nothing. We must do our utmost to make helicopter flights safer. Let us help you so that we may help others. Let us begin now. Call 1-800-934-4529 for a free consultation with an experienced attorney. Highly qualified attorneys will immediately handle your case, and you will have 24-hour access to your legal counsel. Visit us on the web at http://www.williammuhr.com
By Law Article
July 18th, 2009 at 01:59am
Under Worker Compensation Law
Even if employees have not sustained work-related injuries, it would still pay to know the important points of Colorado workers compensation law. This is in keeping with their right to know what to expect in case of accidents in the workplace.Among other things, it is good to know that disability and death caused by stress and heart attacks are not automatically covered by the Colorado workers compensation law unless direct cause would be proven. To this end, workers must prove that mental and emotional stress must solely be encountered in the workplace and nowhere else. Heart attacks must also be proven to be caused by exertions made within the workplace in order to invoke the Colorado workers compensation law.The law also provides provisions on how to compute for the amount of compensation given to the disabled worker, to be given on the basis of the weekly wage. There are also guidelines included in the Colorado workers compensation law which defines the periods of disability and in which compensation shall be given as wages for the period in which the disabled worker is unable to report for work due to work-related injury. The Colorado workers compensation law also specifies timeframe in which the employer or insurance company must pay the first installment of the settlement, which is no later than 20 days after getting notice of the claim. However, employers can also extend this time frame by asking for verification from an attending physician on employee’s disability and inability to go back to work.Under the Colorado workers compensation law, permanent injury settlement must be given in schedules specified, on top of temporary disability compensation. The law also specifies a fixed amount per week for permanent injuries and the total amount would depend on body parts permanently injured or disabled. Injuries made to more than one body part would mean adding up the scheduled payments for parts affected. This is when the expertise of a lawyer with vast knowledge in Colorado workers compensation law would be most beneficial, to ensure the maximum possible benefits would be collected. It would also be good to know that the state also imposes maximum limits for temporary disability and permanent disability payments. However, additional compensation may be given to employees who suffer permanent disfigurement in body part visible or exposed to the public, such as the face. Under the Colorado workers compensation law, these disfigurements include burn marks and scars on the face and limbs and loss of limbs, leaving stumps.There are also cases in which Colorado workers compensation law specifies a reduced amount of non-medical compensation given to injured or disabled workers. Such is the case when the employee is proven to have ingested alcoholic beverages or took illicit drugs during the time of the accident. Compensation may also be terminated in the event that the injured worker has been convicted and sent to prison.The Colorado workers compensation law also has provisions and guidelines on the amount and schedule of death benefits given to wholly and partial dependents of the disabled worker, including instances in which compensation may be terminated, such as in the case of remarriage of widow or children reaching legal adulthood.
By Law Article
July 18th, 2009 at 01:59am
Under Traffic Law
When will a speeding ticket be dropped? There are all sorts of false speeding ticket myths circulating, and many people act according to them when stopped by a police officer. Here are some of them debunked, with the mention that each individual case is unique and the best way to stay out of trouble is to follow the traffic laws. It is often said that if the officer makes one single mistake on the speeding ticket, the charge or the case will be dropped. All false! The speeding ticket is used to incriminate you in court, and it is definitely valid. Mistakes commonly made by police officers and clerks when it comes to the numbers on the ticket are therefore overlooked on a regular basis.The mistakes in the speeding ticket that actually help the driver win the case with the help of a good attorney include misspelling of the name of the driver, the address, like the street where the event occurred and even the description of the car he or she was driving. If the mistakes on the speeding ticket include the three w-questions – who, where and when – you have almost 100% chances to win the case in court. Then, the case can be dropped if the police officer fails to appear in court; nevertheless, even so you may be in trouble with the speeding ticket. There are judges who reschedule the trial for both parties to be present, though most often there will be a dismissal.Is it necessary to get a lawyer in order to beat a speeding ticket? Most people would answer affirmatively, however, you can save $500 or even $1000 by doing a little research on your own and learning how to beat it without any help. The most common situation is that first-time offenders are given the opportunity to strike some kind of plea deal; moreover, an attorney’s fees will be a lot higher than the fine imposed for the violation. Nevertheless it is worth mentioning the fact that if your case is a bit more complex, you should try to benefit from legal advice, and if you search a little you will find law firms with special service packages that come for pretty good rates.Do not hope that because you’ve got a speeding ticket in another state, the information won’t get to yours. According to the interstate legal agreement known as the Driver License Compact, all information about law violations are shared between states; so the news will break even to your insurance company.
Muna wa Wanjiru Has Been Researching and Reporting on Speeding Ticket For Years. For More Information on Speeding Ticket, Visit His Site at
By Law Article
July 18th, 2009 at 01:58am
Under Tort Law
A personal injury lawyer is an expert in Tort law. This means that they specialize in cases that pertain to injuries whether they harm an individual physically or emotionally. Tort law are laws that apply to people who are seeking compensation for actions that caused them harm. In most cases personal injury attorneys have the training to practice in all fields pertaining to the law but will only accept cases that are covered under the Tort law.
The main focus a personal injury lawyer has is to determine whether or not a person claim falls under the Tort law. Was the action on the part of the accused person, company or agency actually tortuous? A tortuous act does not have to be and act that was done on purpose. It could also be an act that was done accidentally. This could be due to the negligence of an individual, company or agency. Medical mistakes very well fall into this group of mishaps. In most cases, medical mistakes do happen accidentally such as prescription errors and misdiagnosis of an illnesses.
There are many personal injury attorneys that only specialize in specific types of injuries. An example of a specific type of injury would include injuries resulting from a car accident. Attorneys that specialize in certain types of injuries have extensive training beyond the general training they receive. A car injury lawyer will have the knowledge to determine whether the accident was due to the driver of the car or the car manufacturer. They know what questions to ask specifically of the car manufacturer where as a general personal injury lawyer may not. The general injury lawyer may have to take more time to make a case due to the fact that there may be more research involved on their part. A car injury lawyer should be up to date on most issues pertaining to his field of expertise.
The American Bar Association requires that Tort law be studied in the first year of law school. Attorneys in the United States usually obtain their law degree which is a doctorate degree after receiving an undergraduate degree in another field. Legal education as a field of an undergraduate is offered by a few law schools which means most lawyers hold bachelor’s degrees or undergraduate degrees in fields such as social sciences.
One can think that all lawyers are personal injury lawyers but in all actuality only personal injury attorneys are the experts when it comes to Tort law.
By Law Article
July 18th, 2009 at 01:25am
Under Tax and Taxation Law
Taxation Law in Michigan
There are more than 52 taxes from both the state and local entities in Michigan, but they all fall into one of the five main types of taxes levied against individuals or businesses. These are
Through these, the state of Michigan and the local governments earn enough money to support the public programs and services offered.
The most well known tax is the state and local sales tax. Since every individual and business makes purchases, all residents and nonresidents of Michigan pay this tax. The income taxes are those placed upon earnings. Closely resembling the federal income tax, these are the most well known next to the sales tax.
The business and privilege taxes are those paid by businesses and for gambling. These also include various service taxes for statewide services. Since business taxes can be very complicated, many businesses have in house accountants or they seek outside assistance in the filing.
Transportation taxes are included in the price of gasoline, vehicle registration, other types of transportation, and fuel. Income from these is used in the building and maintenance of roadways.
The last category of Michigan taxes includes some of the most hotly contested taxes. Property taxes include those levied on property for the state and local education funds, utilities, real estate transfers, and estate taxes. Many also call estate taxes death taxes as they are levied on an estate after a death.
To learn more about Michigan Taxation Law please contact Demorest Law Firm.
By Law Article
July 18th, 2009 at 01:23am
Under Sexual Harassment
Sexual Harassment Policy Guidelines – Part IPermission is hereby granted to modify and use the information in this draft sexual harassment guideline, provided you include reference to the author as shown at the end.We shall take all reasonable steps to see that this sexual harassment policy is followed everyone in our organization who has contact with employees. This prevention plan will include training sessions, ongoing monitoring of the work site and a confidential employee survey to be conducted and evaluated each year. Sexual harassment refers to all types of unwanted sexual attention. Sexual harassment does not mean occasional compliments of a socially acceptable nature. Sexual harassment refers to conduct which is offensive to the individual, which harms morale, and which interferes with the accomplishment of our organization mission. This includes pressure to provide sexual favors, and offensive, intimidating comments or actions concerning one’s gender or sexual orientation. Four basic types of sexual harassment:1. Verbal harassment: Sexually suggestive comments, e.g., about a person’s clothing, body, and/or sexual activities; sexually provocative compliments about a person’s clothes or the way their clothes fit; comments of a sexual nature about weight, body shape, size, or figure; comments or questions about the sensuality of a person, or his/her spouse or significant other; repeated unsolicited propositions for dates and/or sexual intercourse; pseudo-medical advice such as “you might be feeling bad because you didn’t get enough” or “A little Tender Loving Care (TLC) will cure your ailments”; continuous idle chatter of a sexual nature and graphic sexual descriptions; telephone calls of a sexual nature; derogatory comments or slurs; verbal abuse or threats; sexual jokes; suggestive or insulting sounds such as whistling, wolf-calls, or kissing sounds; homophobic insults.2. Physical harassment: Sexual gestures, e.g., licking lips or teeth, holding or eating food provocatively, and lewd gestures such as hand or sign language to denote sexual activity; sexual looks such as leering and ogling with suggestive overtones; sexual innuendoes; cornering, impeding or blocking movement, or any physical interference with normal work or movement; touching that is inappropriate in the workplace such as patting, pinching, stroking, or brushing up against the body, mauling, attempted or actual kissing or fondling; assault, coerced sexual intercourse, attempted rape or rape.3. Visual harassment: Showing and distributing derogatory or pornographic posters, cartoons, drawings, books or magazines. 4. Sexual favors: Persistent pressure for dates, unwanted sexual advances that condition an employment benefit upon an exchange of sexual favors.It is not permissible to suggest, threaten or imply that failure to accept a request for a date or sexual intimacy will affect an employee’s job prospects. For example, it is forbidden either to imply or actually withhold support for an appointment, promotion or change of assignment or suggest that a poor performance report will be given because an employee has declined a personal proposition. Also, offering benefits such as promotions, favorable performance evaluations, favorable assigned duties or shifts, recommendations or reclassifications in exchange for sexual favors is forbidden. Any employee found to have violated this policy shall be subject to appropriate disciplinary action according to the findings of the complaint investigation. If an investigation reveals that sexual harassment has occurred, the harasser may also be held legally liable for his or her actions under provincial and federal law. Anyone making a false claim of sexual harassment will also be subject to disciplinary action.Any employee bringing a sexual harassment complaint or assisting in investigating such a complaint will not be adversely affected in terms and conditions of employment, or discriminated against or discharge because of the compliant. Complaints of such retaliation will be promptly and thoroughly investigated.Sexual harassment can occur in any situation, but is especially common in situations where there is a power imbalance between the perpetrator and the victim, due to gender, race, sexual orientation, status or rank differences. Sexual harassment, however, can also occur between peers. Both women and men can be victims of sexual harassment, although it is most common for women to be harassed by men. Sexual harassment also occurs between members of the same sex. Sexual harassment differs from healthy sexual attraction because it is unwelcome and unsolicited. Sexual conduct becomes unlawful only when it is unwelcome. The challenged conduct must be unwelcome in the sense that the employee did not solicit or incite it, and in the sense that the employee regarded the conduct as undesirable or offensive. NOTE: An employee who was previously involved in a mutual consenting intimate relationship with another person maintains his or her entitlement to protection from sexual harassment, but s/he should inform the other party that any further sexual advances are unwelcome. Sexual harassment degrades all persons and creates a hostile work environment. It is extremely costly for employers as well as damaging to employees. The effects of sexual harassment on the complainant may include loss of self-confidence and self-esteem, physical symptoms of stress, diminished work productivity, and low morale.To fight sexual harassment, remember four tactics: confront, report, document, and support. CONFRONT the harasser. Say No Clearly. Inform the harasser that their attentions are unwanted. Make clear you find the behavior offensive. If it persists, write a memo to the harasser asking them to stop; keep a copy. REPORT the problem immediately, verbally and/or in writing directly to your supervisor, or to the supervisor of the accused, and to your union steward. Our door is always open and anyone who has been harassed or thinks harassment is occurring, can seek our confidential advice. We will speak with the accused at your request and inform them about illegal conduct and its consequences. We have a zero-tolerance policy for sexual harassment. If the incident is confirmed, the offending employee faces the following possible sanctions: verbal or written reprimand, negative evaluation, denial of promotion, poor recommendations, suspension, demotion, forced resignation, and termination. We will make every effort to create an atmosphere of comfort for recipients of sexual harassment to request assistance in the resolution of complaints, but at the same time we will also protect the rights of the accused until proven guilty. Note: A single sexual advance, unless severe, may not constitute harassment unless it is linked to the granting or denial of employment or employment benefits. The unwelcome, intentional touching of a person’s intimate body areas is sufficiently offensive to be considered severe, and even a single incident can be considered as harassment. Asking someone for a date is not considered severe. But a repetitive series of non-severe incidents will be considered harassment if the offender was told to stop. It is important for the victim to communicate that the conduct is unwelcome, particularly when the alleged harasser may have some reason to believe that the advance may be welcomed such as a previous consenting relationship.SEXUAL POLLUTIONThere are some acts perceived by the recipient to have a “sexual nature” that are offensive and annoying, but may not be sexual harassment. These offensive behaviors in the workplace pollute the working environment. Therefore, these acts have been labeled sexual pollution. Sexual pollution has the potential of becoming a sexually harassing act. It is an offensive act and should be considered improper. Examples of sexual pollution are: continuous “pet” name calling, such as “baby,” “sweetie, “or ” honey”; referring to an individual as a “hunk,” “fox,” or “broad”; referring to men in general as “dogs,” “swine,” or to women as “bitches,” “wenches, ” or “chicks”; remarks of a sexual nature, open displays of written and pictorial erotica, or nude photographs or posters (such as a nude magazine centerfold) in the workplace, and continuous gift giving with the intention of getting sexual favors in return.A single act of sexual pollution by itself may not constitute sexual harassment. However, continuous acts with the appearance of a sexual nature probably would be. The “reasonable person” standard will be used to determine if it is or not.DOCUMENT the harassment. While the incident is still fresh in your mind, write down what happened, where, when, and how you responded, if possible, word for word. Include the names of witnesses, if any. Keep notes in a journal or notebook to show a continuous record. Send a dated, certified, return-receipt letter to the harasser, asking that the harassment stop, and keep a copy for yourself. Use your telephone answering machine to tape phone calls from the harasser, and save phone messages that are left for you. Keep the records in a safe place, away from work. Documentation will be essential if you must defend yourself in court or before an administrative hearing panel. Document your work. Keep copies of performance evaluations and memos that attest to the quality of your work. The harasser may question your job performance in order to justify his behavior. SEEK SUPPORT from others. Talk to a friend, colleague, or relative, an organized group, or counselor, and your supervisor or someone in personnel that you trust. Not only will you benefit, you may learn of others who have had similar experiences who can offer strategies for dealing with the harassment and support. Look for witnesses and other victims. You may not be the first person who has been mistreated by this individual. Ask around discretely; you may find others who will support your charge. Two accusations are much harder to ignore. Get the union steward involved right away.REMEDIES AVAILABLE TO VICTIMS OF SEXUAL HARASSMENTIf you have been discriminated against on the basis of sex, you are entitled to a remedy that will place you in the position you would have been in if the discrimination had never occurred. You may be entitled to hiring, promotion, reinstatement, back pay and other remuneration. You may also be entitled to damages to compensate you for future pecuniary losses, mental anguish and inconvenience. Punitive damages may be available, as well, if an employer acted with malice or reckless indifference. You may also be entitled to attorney’s fees.ARE YOU THE HARASSER?Those accused of sexual harassment are often surprised to learn how their behavior is perceived by those who feel victimized by such behavior. • Review your attitudes and actions toward others. Examine how others respond to what you do and say. Is your behavior sex-neutral and bias-free?• Imagine yourself a victim of unwelcome sexual attention by someone having control over your career or livelihood. • Consider the impact you have on other’s attitudes toward their work and self-esteem. • Do not assume that your colleagues, peers or employees enjoy sexually oriented comments about their appearance, or being touched or stared at. • Do not assume that others will tell you if they are offended or harassed by what you say or do. • Be aware of other’s feelings and responses to sexual harassment. Could your behavior cause others to experience the vulnerability, powerlessness, and anger described by victims?Permission is hereby granted for you to modify and use the information in this article provided that you include a reference as follows: Original document created by Al Link (4 Freedoms Relationship Tantra)
By Law Article
July 18th, 2009 at 01:08am
Under Probate Law
As the name implies, probate records are documents that are kept and maintained by a probate court. A probate court is tasked with determining the authenticity of a last will and testament of a deceased individual. In cases wherein a will does not exist, inheritance laws become the reference for how personal effects, assets and other belongings are distributed.
Estates of individuals often have probate records dating back to the early twentieth century. Information that can be obtained from probate wills include the time and place of death of the individual, the family members that survived him or her, as well as everything that was left behind by the deceased in terms of physical and financial property.
If the deceased person did not have a will, probate records may also include a letter of administration allowing the executor to carry out the distribution of the deceased’s estate as per his/her known wishes.
Online Probate Records – Faster, Easier and Simply More Convenient
If you are disputing a claim over a piece of land that you believe rightfully belongs to you, it would be advantageous to turn to probate wills. More often than not, probate wills also include land records, which help in determining who should be given ownership of a particular peace of land.
Another advantage that probate records have is that they are often very helpful in determining your genealogy. You will be able to trace back the long history of your family through probate wills since the maiden names of women in the family can also be found in these documents.
Trying to access probate records used to be a long and tedious process. It entailed going to the country courthouse where the death occurred. Getting to the county courthouse, there may not even be a clerk or staff member available to assist you with your request for certain probate wills. Sometimes, you will even have to hire an external researcher to do all the leg work for you.
Fortunately, many probate records are now accessible online, helping you do away with the task of sifting through outdated files and documents. Websites offering probate wills save you from traveling from one county courthouse to another and provide organized indexes for finding the documents that you need… fast!
Although complete and detailed probate records may not always be available online owing to the sheer volume of these in existence, you may still be able to find the case file number of the one you are looking for or the date of death of the individual. When you do travel to the county courthouse to ask for the probate wills, providing them with these information will make it easier for them to assist you.
Most companies that allow you to order probate records online also offer compiled records. With compiled records, you can be assured that these were obtained directly from the county courthouse and include all the documentation from the original such as the written manuscripts and verbal testimonies.
By Law Article
July 18th, 2009 at 01:08am
Under Personal Injury Law
Are insurance companies fair? They probably think they are. But each person’s idea of fairness is determined by his own self-interest. Insurance companies survive by taking in premiums and keeping claims as low as possible. Santa Claus-they are not.
You, on the other hand, if you are injured in an accident, have a duty to look out for your own self-interest and to get the best possible settlement for yourself.
Can you do this on your own? Yes…at times.
For example, if you have damage to your car and a trip to the emergency room but no more pain you might be able to settle the case yourself. Get your car fixed. Get your medical bills paid. Move on.
If you have serious injury, odds are you need a lawyer. In fact, the more serious the injuries, the greater the need for a lawyer.
The exception to that rule sometimes occurs where there is very little insurance available and the at-fault company offers their policy limits. In that case it would still be a good idea to consult a lawyer. You want to make sure you don’t step on a mine and blow up your chances of an under insured motorist claim, for example.
Let’s say you deal with the at-fault adjuster yourself. You’ve entered into that murky world with no clear answers called “negotiating.” The at-fault adjuster has already successfully negotiated many cases. So she has experience on her side. She knows the value of the case. What it could be worth. What you might take. Two very different possibilities.
At the very least a meeting with a lawyer would be called for. Personal injury lawyers typically offer what is known as a “free consultation.” It’s a free first meeting. You can take a look at him. He can take a look at your case. The two of you can decide if you want to work together.
Some questions to ask the lawyer are: How long have your been practicing injury law? How many cases have you handled? What is your personal philosophy about settling or going to court?
You can also research a lawyer on the internet to find out more about her. Nearly all successful injury lawyers have websites. You probably want an attorney you relate to. Perhaps you’d like someone close to your own age. Or someone with similar religion or political preferences. We like to work with people who are like us in some way and you can begin to discover that kind of info at the attorney’s website.
Plan on spending 25% or more of your settlement on attorney fees. One third is the usual. If it is necessary to file suit, arbitrate or mediate that figure can go up to 40% or more. Costs and expenses of the case are in addition to attorney fees. That can include court filing fees and the cost of paying for medical records or hiring a doctor to come to trial.
You may have heard a story about someone who got nothing after paying attorney fees and case expenses. In my twenty five years experience as an injury lawyer I’ve never seen it in person. I suppose it has probably happened somewhere at some time. Most of those stories are urban legends.
Disclaimer–This article is intended to provide information about the injury claims process. It is not intended as a substitute for legal advice.
By Law Article
July 18th, 2009 at 01:07am
Under Legal Malpractice
Recently in Illinois, an infant was rushed to an emergency room by his parents for incessant crying and vomiting that prevented him from nursing. The emergency room physician diagnosed the infant with a gastrointestinal colic and sent the family home with instructions on how to cope with the colic. The next day, the infant suffered a painful death, due to a rare heart defect that the doctor could have discovered by ordering a standard chest x-ray. When the infant’s parents hired Chicago medical malpractice lawyers and sued both the hospital and the emergency room physician, a jury found both defendants liable for $2,250,000.
Multi-million dollar medical malpractice verdicts beg the question of how juries arrive at such numbers. What is the just measure of punishment for a doctor’s error that can adequately compensate the loss of grieving parents? Obviously no amount of money could ever compensate parents or make them whole after the loss of a child. Even if such a number could be reached, is it really fair to make doctors liable?
In every profession or line of work, people, even licensed professionals, make mistakes. Unfortunately for medical professionals, every day mistakes can lead to medical malpractice lawsuits involving unfathomable tragedies such as brain damage, birth injuries, quadriplegia, amputations, and death.
The Illinois legal system has guidelines for striking the most appropriate balance between protecting both patients and doctors through (1) restrictions on filing cases, (2) caps on certain types of damages, and (3) comparative negligence testing.
Filing an Illinois Medical Malpractice Lawsuit
An Illinois medical malpractice lawsuit, in most instances, needs to be filed within a 2 year statute of limitations period from the date that malpractice could have been reasonably discovered, but no more than 4 years from the date of treatment. This means that some patients are given a slightly extended period of time after medical treatment until they reasonably discover medical malpractice.
For instance, when a woman undergoes surgery to prevent future pregnancies and winds up pregnant three years later, she still has one year to file a lawsuit, because she could not have reasonably discovered the malpractice until she became pregnant three years after surgery. Despite the extension given for the discovery of malpractice, all cases are subject to a four year limitation. Thus, if the woman became pregnant 5 years later, she would no longer be able to file a medical malpractice lawsuit.
The Illinois medical malpractice statute of limitations exists to protect doctors against stale claims. As time passes, it becomes increasingly difficult to formulate a defense against acts committed in the past. Furthermore, the statute of limitations exists so that doctors are not forced to worry about their mistakes for an unlimited amount of time. The statute of limitations can be longer in cases involving minors or shorter against government entities.
Once it is established that a case satisfies the statute of limitations, a lawsuit can only be filed if a patient’s medical malpractice lawyer finds an expert who is willing to testify about a breach of standard care.
In every medical malpractice lawsuit, the overarching question is whether a doctor breached the standard of care in his or her field of practice. Standard care requirements are different for each area of medicine so medical malpractice expert witnesses must be doctors who practice in the area of medicine involved in a particular lawsuit. In order to show that there has been a breach of the standard care in a medical field, there must be an expert witness who is willing to testify for the plaintiff and say that the doctor in question failed to meet the standard of care requirements in the industry. Without expert testimony, medical malpractice cases cannot even be filed.
Illinois Medical Malpractice Damages
There are three types of damages that are generally available in Illinois law: economic damages, non-economic damages and punitive damages. As the name suggests, punitive damages are used as a form of punishment, and are not available in medical malpractice. The reasoning behind no punitive damages is that medical malpractice is a form of negligence, which is a non-intentional tort that society generally does not punish.
Economic damages include all of the medical bills and expenses that arise from malpractice, which can range from hospital bills, prescriptions and transportation costs involved. There are no caps, or limitations to the amount of medical malpractice economic damages that juries can award. Anything that a patient is billed for as a result of malpractice is an economic damage that doctors and hospitals are liable for.
Non-economic damages involve payment for all of the intangible expenses that patents endure, such as pain and suffering or even loss of relationships. As of August of 2005, non-economic damages are limited to $500,000.00 against individual doctors and $1,000,000.00 against hospitals. Thus, an Illinois jury’s decision for the total amount of damages owed to a patient is limited to the medical costs associated with the malpractice, plus a maximum of $1.5 million for non-economic damages.
Comparative Negligence in Illinois Medical Malpractice
Once a conclusion is reached for the amount of damages that were incurred by a patient, juries are asked to deduct from those damages a percentage of the patient’s own comparative fault. Damages can be deducted as far as 50%, but once a patient’s fault is recognized as more than half, damages for the plaintiff are removed entirely.
The 50/50 comparative negligence test in Illinois only allows medical malpractice recovery against doctors when patients are 50% or less at fault. For example, if a patient is released from a hospital, and instructed by a doctor not to drive for one week while on antibiotics, but ignores the instructions, crashes a car and is severely injured, a jury would probably find that although the antibiotic may have caused the accident, the patient was more than 50% at fault for ignoring the doctor’s instructions, and thus barred from recovery against the doctor who ordered the prescription.
On the other hand, in closer cases, juries can determine that patients are less than 50% at fault. In a recent case, a patient was rushed to a hospital for severe allergies that were aggravated by his smoking habits. The patient died when doctors administered a food supplement through his feeding tube that contained milk, which he was also allergic to. The jury found that the patient was 38% at fault, because it was his smoking that contributed to the patient’s weakened condition that led to his death. Because the patient was less than 50% at fault, doctors were responsible for paying the patient’s estate according to their share of the blame, which was 62%.
The calculation of damages, and comparative negligence along with restrictions such as the statute of limitations and requirements of expert testimony regarding standard care helps juries arrive at fair verdicts in extremely difficult cases. The downside to the extremely involved process is that it results in long lawsuits that can last for years and involve expensive legal fees. Nevertheless, the Illinois legal system strives to strike an appropriate balance between protecting both patients and doctors.
By Law Article
July 18th, 2009 at 01:07am
Under Labor Law
Labor Law in Los AngelesOf all the areas of legal practice in Los Angeles, Labor Law violation may be considered as one of the most difficult cases to handle and establish. Since the said area of law entails wide range of matters that affect both the business and employment sector, a Los Angeles Labor Law attorney has to fully comprehend the intricate statutes and legal procedures. This is to make sure that their clients will be well defended with their cases.In general, Labor Law encompasses employment matters such as employer-employee-relationships, dispute resolutions employment terms and policies and even collective bargaining agreements. This is also intended to maintain the balance between the rights of the employees as well as of their employers.Additionally, the Labor Code seeks to castigate employers who are guilty of unfair labor practices and discrimination of all sorts. Yet, such law also suggests other legal means of resolving disputes aside from pursuing a legal action in courts.The Labor Law is designed to give the workers freedom to establish their union and to assert their grievances by holding strikes and seeking injunctions without the fear of being retaliated by their employers.The Task of a Los Angeles Labor Law AttorneyA Labor Law attorney can be helpful for either the employees or companies who are involved in a legal problem. As a counsel for the employers, he/she can do the following tasks:• creating a good employment handbook, manuals and company policy• representing the company if ever any legal complaint has been filed against them• reviewing contracts and other transactions that are being made by the company• giving valuable legal counseling in the occurrence of strikes and lockouts• designing a good bargaining agreement in case of disputesAs an advocate of the aggrieved employees, he/she will:• evaluate the employees’ case and establish a good strategy in order to obtain justice and recover suitable damages from the unruly employers• gather documents and evidences that are vital in proving the violation of the employer• protect the employees against any act of retaliation• assure that all the rights of the employees are being protected• represent the workers in any negotiations called by the employersChoosing the Right Legal AdvocateIt is a fact that not all attorneys in Los Angeles are experts in the field of Labor Law. Hence, it is not advisable for those who are involved in Labor disputes to hire an attorney who does not have a credible history in handling such cases.In choosing the right attorney, it is important to consider these tips in order to increase the chances of having a successful case result:• Confirm if an attorney has been duly licensed by the Los Angeles bar Association• Examine an attorney’s record of winning employment cases• Ask for referrals from people who have been engaged in similar situations• Determine whether an attorney has any conflict of interest or none• Ask for the manner of professional fee’s payment• Consider his other affiliations in the legal industry
Knowing what your rights are can help protect your interests as a worker. To know more about labor law violations and other related issues, you can consult with our experienced Los Angeles labor law attorney.
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.
By Law Article