Category Archives: Law

How to Deal with a Medical Malpractice Case

On: July 16, 2015 By: Manuel Posted in Hispanic, Information, Law, medical malpractice, personal injury, physical injury, surgery

medical malpractice You rely on your doctor to give you dependable advice about your health and well-being. However, not all medical professionals are able to provide their patients with exceptional care. When a doctor fails to do his or her job and puts the patient’s health and well-being in danger, medical malpractice occurs. If you are a victim of such unfortunate situation, you should consult your trusted attorneys for help and legal advice right away. And make sure you don’t miss any legal deadlines!

Statute of Limitations

Medical malpractice cases have deadlines like any other personal injury situations. These deadlines are also referred to as statute of limitations. As a victim of this case, it is important that you are mindful of the deadline because some malpractices are no longer noticeable after a few years that the ‘error’ is done by the doctor. If you file your case later than 2 years, then you may lose the legal right to pursue the proper compensation for the damages that you incurred.

There are various cases of medical malpractice and each of them can be discovered differently too. For example, if the doctor operates on the wrong body part then that can be discovered immediately as incisions are readily visible. Unfortunately, there are some medical errors that take longer to discover. When a doctor accidentally leaves a tool inside your body, you may feel the consequences after a few weeks or months.

You may try to treat the discomfort with over-the-counter medicines because you are unaware of the real problem. But the pain will persist until you get a diagnostic imaging test and find out the real reason that’s causing your discomfort. Keep in mind that you should get in touch with your lawyer right away upon discovery. He or she will help you pursue a claim before the statute of limitations is over.

Responsibilities of your Attorney

Your personal injury lawyer will listen to your case to get all the details and advise you of whether you have a malpractice case or not. Although attorneys have different styles, they usually start with obtaining your medical records. They will need all the nitty gritty on your case so that they can establish a strong defense for you. Some firms even go further in helping their clients look for a reliable doctor that can fix the medical problem. They can do all the legal work to find a trustworthy medical professional in your area.

Deadly Crane Accidents

On: July 13, 2015 By: Manuel Posted in crane accident, Hispanic, Law, personal injury, physical injury

crane accidents Safety hazards on construction sites should be followed strictly not only by the workers but by everyone. This is one sure way to avoid serious accidents from happening. Most of the hazards are caused by heavy equipment that is used in construction sites. No one can ever predict when an accident can happen, so it’s better to be safe than sorry.

Recently, a particular construction equipment has been prevalent in fatal accidents and this is the construction crane. Construction cranes are immediately noticeable in construction sites because of their size and their omnipresence is the reason why they are often involved in serious accidents. This should not be taken lightly as most cases of injuries sometimes lead to the death of a construction worker.

Types of Crane Accidents

Crane accidents are a very serious issue. One time, an owner of a construction firm in New York was killed when the arm of a crane malfunctioned and crushed him. He was about to check the crane for safety when the arm broke free and pinned him to the ground. Another breaking news involving a crane in a serious accident happened in Texas when a worker was crushed by conveyor that fell from an overhead crane. Moreover, a Tennessee plant worker was crushed between an overhead crane and a cab frame last February. There are just too many serious construction accidents that are related to the crane.

The mentioned accidents above are all very tragic and they are just common examples of construction incidents that are crane-related. What makes everything more unfortunate is that these accidents can be prevented. Responsible organizations, like the Occupational Safety and Health Administration (OSHA) has done everything they can to promote crane safety in construction sites and strictly oblige employers to abide by the guidelines of crane operation and maintenance. However, some owners tend to overlook safety practices and fail to meet the requirements.

Crane operators who do their work in a hurry have the tendency to improperly maneuver its arm and it might hit into live power lines that can cause electrocution for anyone that is in contact with the crane. The crane arm may also connect to a worker by accident which can instantly kill him or cause fatal injury. Cranes may also knock large objects from above and turn them into deadly matters, especially if the rigging is not properly secured.

Damages that can be Recovered in Wrongful Death Cases

On: July 9, 2015 By: Manuel Posted in criminal defense, Hispanic, Information, Law, Spanish, wrongful death claims

wrongful death claims An unexpected death in the family always leaves a void in everyone. Although wrongful death laws vary by state, justice should always be served. For one, the bereaved family members are encouraged to seek compensation for both past and future losses. You can file a claim for funeral expenses, hospital charges, future economic contributions and many more.

Kinds of Wrongful Death Damages

There are many things that you and your family can claim after an accidental death. You can claim monetary and various types of compensation that are related to the future of the family of the deceased. Here are some examples:

Wage loss for the deceased’s life expectancy – this range from the untimely death to the anticipated time/age the deceased will retire from work.
Loss of household roles
Loss of spousal companionship
Loss of aid in caring for his/her children

As the direct family of the deceased, you may also file claims for the damages that you have already incurred including funeral expenses, medical bills for the accident and the family’s pain for the unexpected loss.

Factors that Affect Wrongful Death Claims

Let’s be honest, it will always be inhumane to put a price on a person’s life. Monetary and other forms of compensation can never replace the life of your loved one. The negligence of a company, individual or anyone can never be paid for when a life is lost. The bereaved family’s pain can never be compensated enough. However, it is the only way to help the family of the deceased move on from their loss. A wrongful death claim may help determine the life of a victim is valued at. It includes factors like employment, family roles and lifespan.

When a younger person becomes a victim of a wrongful death, it is reasonable that he or she is expected to live for a longer time compared to an elderly victim. Had the accident not occurred, the victim is expected to have contributed more to his or her family. This is why a wrongful death claim for a younger victim is expected to be more than what is provided for elderly victims.

Moreover, the compensation for the future income of an individual who has a high-paying job is higher than that of a victim that has low income. The compensation is also expected to be high if the deceased has more dependents (spouse and children). Wrongful death claims is a complicated situation to be involved in. But a reliable and knowledgeable lawyer should be able to clearly explain everything to you.

Different Categories of Criminal Offenses

On: June 10, 2015 By: Manuel Posted in criminal defense, criminal offense, Hispanic, Information, Law, Spanish

The three categories of criminal offense in the United States include felony, misdemeanor and infraction. These different categories are differentiated by the severity of the offense and the type of punishment given to an individual that is convicted of the crime.

Felony

This is the most serious category of all crimes. The punishment for a felony committed is incarceration of more than a year in jail. Some cases even go as far as life imprisonment without parole and others even end up in execution. Property and violation crimes can both be considered as felony. Rape, robbery, murder and many other crimes all fall under felony and are appropriately punishable under the law.

Moreover, the person who committed the crime along with all his or her accessories will be charged with felony and will serve the sentenced punishment for the act they committed. People who helped prevent the capture of a felon will also be punished. The classification of a felony is different from one state to another and each has its own minimum or maximum sentences.

However, anyone who is convicted as a felon will lose his or her civil rights, will not be allowed to vote or even bear arms.

Misdemeanor

This category encompasses crimes that are not as severe as felonies. These illegal acts are referred to as lesser crimes wherein the maximum sentence is for 1 year or less in prison. A misdemeanor can be distinguished from a felony depending on the seriousness of a crime. Frustrated homicide is considered a felony while punching someone is just a misdemeanor. However, there are some cases of misdemeanors that can rise up to felony under specific circumstances. Take for instance, possession of marijuana that is less than an ounce in some states is classified as misdemeanor. But if you have more than an ounce then possession with the intent to distribute can be charged to you and this is a felony.

Infraction

An infraction is a committed crime that does not call for jail time as a sentence. They are usually considered as petty crimes that are punishable by fines. Infractions may also not be taken to court if the settlement has already been done. They are ordinances that are passed to control the behavior of residents in a certain community. Examples of these are speed limit, no parking and anti-noise laws. However, just like any other crime an infraction may also be raised up to a more serious level of crime. So be very careful not to commit an act that causes damage or injury as it can be considered as a serious offense.

Everything to Know About Crime

On: June 8, 2015 By: Manuel Posted in criminal defense, Information, Law, Spanish

Crime A crime refers to an act that breaks the law and this will result to an appropriate punishment. In the event that you violate a law or breach a rule, then you are considered to have committed a criminal offense. Crimes are categorized into two types – property crime and violent crime.

Property Crime

This type of crime is committed to you when someone damages, destroys or steals your property. Good examples are stealing of a car and vandalizing an establishment. This type of crime has the highest percentage of occurrence in the United States.

Violent Crime

Violent crimes, on the other hand, occur when someone harms, threatens or conspires to harm you or anybody else. This type of crime involves force or threat of force. The most common violent crimes committed in the country include rape, murder, robbery and kidnapping.

Some crimes can be categorized as both property and violent crimes. A good example is carjacking a vehicle at gunpoint or conducting robbery at a convenience store using a handgun as a weapon.

Federal, State and Local Laws

Society has a system of laws used to determine if an act is a crime. There are three separate systems of laws in the United States and these are federal, state and local systems.

Federal Law – this system is run by the House of Representatives and the Senate. The laws passed by the Congress apply to everyone living in the country. There are instances when a federal law is in conflict with the state or local law of a certain place. When this happens, the federal law is generally followed.

State Law – this system is ruled by elected legislators and may greatly vary from state to state. Drunk driving is considered illegal in the United States but the punishment for each state is different. Another example is the gun laws followed in all 50 states – there is variation from one state to another.

Local Law – this is usually referred to as ordinances because it is passed by the local county or governing bodies of a specific city. Local laws or ordinances usually rule how the residents of a specific community should behave. For example, a local no smoking ordinance may prohibit the citizens of Mississippi from smoking in public but it will not affect the residents of the other 49 states.

Ignorance of the Law

There is usually intent to break the law for an individual to commit a criminal offense. However, there are instances that a person is unaware of the law when he or she commits the act and is therefore charged with a crime. Always remember though, that ignorance of the law is not an excuse. So always be aware of the laws that apply in the place where you are.

Who to Sue during Defective Product Claims

On: May 18, 2015 By: Manuel Posted in criminal defense, defective products, Information, Law

defective products Have you been a victim of a defective product? Do you wish to file a case to recover the damage you’ve incurred? If so, get to know the right people or companies to sue in the event of a defective product claim. However, be reminded that identifying all the parties liable for your injury is a complicated process. So you have to be resourceful and vigilant to ensure your full recovery for all the damages incurred.

Members of the Chain of Distribution

Keep in mind that you should always include all the parties in the ‘chain of distribution’. This means that you start from the manufacturer to the distributors of the product that you bought. Here are some information that you might find useful about the entities that you should look for.

Manufacturer. The manufacturer of the product is always at the beginning of the chain. They vary in size – some may be big companies and others may be individuals working from their garage. If in any case you’ll be dealing with a big company, you should include the manufacturer of the defective part and the manufacturer of the whole product. In fact, you can include everyone from design to marketing if you believe that they are potentially connected to the defect.

Retailer. The retailer may not be responsible for producing the defective product but he or she still has a role to play in your injury for selling it. Always remember that all the parties involved in the ‘chain of distribution’ should be included in your lawsuit.

Wholesaler or Distributor. In between the manufacturer and the retailer, there are many other parties involved such as the wholesalers and distributors. They are what they call ‘middle men’, but are still significant members of the ‘chain of distribution. They are also liable for your injury and should be included in your lawsuit.

Dealing with Foreign Defendants

In some cases, you may have to deal with foreign businesses as your defendants. However, this reason should not hinder you from pursuing a case against them. Take comfort in the fact that doing business in the country subjects the company to the jurisdiction of the courts where it is located.

Dealing with Corporation Defendants

All of the parties included in the ‘chain of distribution’ may be corporations. The liability law states that corporations are considered as persons and will be held responsible if proven guilty. However, corporations may change shape, form and size especially if merging with other organizations takes place. The successor will always take responsibility for the predecessor’s participation in distributing such defective products.

What It Takes to be a Victim of a Crime

On: May 12, 2015 By: Manuel Posted in Hispanic, Information, Law, personal injury, physical injury

personal injury victim People who suffer from violent crimes usually experience serious trauma afterwards. The physical injury suffered by these victims may be as obvious as cuts, bruises and broken arms or legs. Since criminal injuries vary, the effects towards the victims are also different. But no matter what the criminal action is, the victim is always left with damages, loss and trauma.

How to Cope with Trauma or Loss

Find someone to talk to and express how you feel. Don’t allow yourself to feel overwhelmed or panicked. Seek professional help when necessary.
Spend time with people you love and who makes you feel good.
Allow yourself to feel pain as it can be over soon.
Take care of yourself – get enough rest, eat healthy and do some exercise.
Try to come back to your normal routine, it may be difficult but it’s not impossible.
Get control of your life, take it one step at a time.
Do your daily tasks with care because accidents are more likely to happen when you are stressed.
Do things that will keep your mind off of what happened, don’t let the incident dictate your life!

Secondary Injuries

In the aftermath of every crime, a victim does not only struggle with the primary injuries but also the ‘secondary’ ones. Secondary injuries take place when you do not get the proper help that you need. These are usually caused by the people who surround you after the crime has happened – friends, family, professionals, law enforcers, judge, social service workers, etc. Try to avoid people who will not do you any good because they will just worsen your situation. Seek help from those who know how to help you cope. Failing to recognize your trauma or even just show sympathy will be damaging to your self-worth as a victim.

Interaction with the Justice System

It may be an agonizing experience to deal with the criminal justice system after being a victim of a violent crime. Because at this level, you will be asked to witness against the crime and it will be considered as a crime committed against the state. The procedure can be very difficult and may cause a lot of stress to you. You may also feel that you are not in control or directly involved in the prosecution of the offender.

But keep in mind that your cooperation is critical to seeking justice for the crime committed. Just make sure to find a lawyer who will keep you well-informed and updated about the proceedings. This will help you feel that you have a voice in the process and that you’re getting the justice that you deserve.

Tips to Fight Off Flu

On: May 4, 2015 By: Manuel Posted in flu, Health, Information, Law

flu Flu is a very annoying to have especially during the holidays. It makes you miss out on some of the most exciting activities of the year – Halloween, Thanksgiving and Christmas. So to avoid missing out on your favorite events, make sure to follow the steps below.

Get Flu Vaccine

This is the best way to protect yourself against the flu. If you don’t like getting shots, you can opt for the nasal spray. Most teenagers are keen on getting that kind of prevention treatment. Getting vaccinated strengthens your immune system and empowers your health. Plus, it helps people around you because it lowers down the risk of passing around the illness.

Always Wash Your Hands

Hand washing is a very important practice. It is a good defense against germs like flu viruses, especially when it takes around 2 weeks for the flu vaccine to take effect. Also, getting vaccinated does not make you foolproof because a new virus might come around before you know it. Regular hand washing will help you get rid of getting any germs and acquiring any illnesses such as the common cold.

Wash your hands before and after using the bathroom, after you cough or sneeze, before putting on make-up, before eating and preparing food. In short, get in the habit of washing your hands before doing anything to avoid incurring viruses and passing it around.

Keep Your Distance from Sick People

If you spot someone who has the flu, try to keep your distance from that person. Flu viruses travel through the air and they travel fast! Be vigilant as some people who have the flu don’t look sick. When in public, try to refrain from touching your eyes, nose and mouth because that’s where the virus can enter your body.

Do Not Cough Into Your Hands

Cough into your elbow if you don’t have a hanky or tissue around. In that way, you won’t be spreading the virus when you touch surfaces that some people may come in contact too.

Stay Home If You Have the Flu

Save other people from suffering from this virus and stay home if you have it. This is the best way to avoid passing on the germs to other people – confine yourself. After all, you can curl up in your bed and watch a favorite movie if you do. Plus, you’ll have enough time to rest to regain your strength and good health.

Physical Therapy for Injuries

On: April 15, 2015 By: Manuel Posted in Health, Hispanic, Information, Law, personal injury, physical injury

physical therapy for injuries Sports injuries are common especially for hard-core athletes. However, it should be prevented as much as possible because it can greatly affect the life and career of an athlete.

Injuries may happen during different physical activities – competitions, training exercises, fitness programs, etc. Some of the causes of injuries are poor training techniques and improper warm-ups.

To fully recover from an injury caused by any physical activity, physical rehabilitation is needed. The process will help the victim regain strength and enable him or her to move the affected parts of their bodies. Furthermore, therapy sessions will help them manage the pain, prevent permanent damage and the case from getting worse.

Physical therapists are specially trained to assist patients in recovering from their injuries. Sessions usually include exercises, stretches and other techniques that are coupled with equipment to properly address the problem.

Common Sports Injuries

Since there are many different athletes, they are also exposed to varying sport’s risks. The most common types of injury that they may suffer from are sprains, knee injuries, shin splints, fractures and strains.

Whatever type of injury they may have, it should always be properly addressed to keep the athlete safe. It would be helpful to study the biomechanics of an athlete undergoing therapy – especially for golfers, baseball and tennis players.

Although it can be applied to any athlete, the sports mentioned above have biomechanical concepts which constantly put the same body parts through the same stress. Athletes who play tennis or baseball are most likely to endure the same injuries such as inflammation or pain on the outside of the upper arm.

To avoid enduring such injuries, they need to be precise when playing to avoid causing an excessive load of force on the same anatomical structure.

Sports Injuries and Treatments

If there are two things that a physical therapist should know before treating a patient, it would be the exact affected area and the extent of the injury. Before starting a rehabilitation program, it is important for a therapist to carefully evaluate the situation. Injuries follow a normal healing process, they take time to heal – acute phase, subacute phase and chronic phase.

The acute phase includes rest, ice, compression and elevation. The subacute phase is a control motion phase wherein the patient can do a range of motion exercises with ample assistance. The last phase is when an injured athlete does pre-injury work-out routines. He or she is finally on his or her way to full recovery!

Seat Belts Can Save Lives

On: April 13, 2015 By: Manuel Posted in Hispanic, Information, Law, personal injury, physical injury, seat belt

Seat belts are often overlooked by motorists and passengers, completely unaware of how this simple thing can help save their lives. During a vehicular accident, a seat belt can protect the passengers from incurring serious injuries. So if you’re one of those people who don’t snap on their seat belts or if your children do not have the right safety seats for their weight and age, then you should definitely read this article.

Many physical injury cases that involve vehicles result from a simple miss of snapping one’s seat belt when inside a traveling car. It has been proven that a seat belt can save a life from any vehicular accident – may it be on quiet streets or busy superhighways. This claim can be supported by data from the National Highway Traffic Safety Administration which states that around 15,000 lives are saved each year from different car accidents in the United States.

Here are some things that your seat belt will do for you.

It Will Keep You and Other Passengers Inside the Vehicle During an Accident

People who are thrown from the car during an accident are four times likely to die than those who are still inside.

Seat Belts Will Restrain the Strongest Parts of Your Body

When properly strapped, a seat belt will restrain the strongest parts of your body during an accident. For adults, these are your hips and shoulders. Having your seat belt properly buckled will prevent these body parts from incurring serious injuries in case of an accident.

Spreads Out Any Force form the Collision

Seat belts that restrain your lap and shoulders will even out the force of a crash all over your body. This will help prevent any one part of your body from incurring a serious injury. The shoulder strap will also keep your head and upper body from hitting the dashboard, steering wheel or any interior part of your vehicle.

Seat Belts Slow Down the Body

A quick change in speed is the usual reason why motorists incur serious injuries during an accident. With the help of a seat belt, your body has extra time to slow down during an abrupt stop, change in speed or if you get hit by another car.

Protection for Spinal Cord and Brain

Seat belts are specially designed to protect the spinal cord and brain – which are two of the most critical parts of your body. Head injuries are sometimes hard to detect and they can lead to death in some cases. Moreover, injuries in the spinal cord can also lead to serious consequences.