Oct 2, 2015
Anyone who has been a victim of negligence or reckless action (or inaction) can file a lawsuit against a government agency. However, suing a local government agency for a personal injury often involves strict number of rules and could have limited time and amount that can be recovered. Following these rigid steps and meeting the deadline are vital in establishing s strong injury lawsuit and secure a fair compensation.
One of the things that should be considered when suing a government agency is the narrow time limits that it gives to bring forth an injury claim. Typical personal injury claims have a statute of limitations around one to six years after the accident to file for a personal injury claim, while the time frame for government agencies typically range between 30 to 120 days after the injury. States can have a government-specific time restrictions and awareness of the general statute of limitations on injury claims is what is really essential for the lawsuit.
Another thing to regard is the “Notice of Claim” that some states may require, otherwise the lawsuits may be rejected by the court. This Notice of Claim is typically addressed to every person or entity involved in the accident and caused the injuries. It is not filed in court but rather sent through certified mail to the government employee or agency as well as to the government agency receiving all forms of Notice of Claims. It should contain state-specific information such as name, address, date, location and insurance provider of the injured claimant. Furthermore, there is a grace period of 30 -120 days after sending the Notice of Claim before filing a lawsuits, otherwise filing before the expiration of this period will render the lawsuit dismissible.
There are certain injury claims that the government is immune form, and despite it being not as extensive as it was in the past it still can give immunity to some personal injury claims which change from state to state. Additionally, states do not compensate for punitive damages since the rationale states that the punitive damages do not provide any deterrent effect for the misconduct.
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Jul 6, 2015
Every divorce case is complicated – though some are more so than others. Some arrive at the decision mutually and remain amicable with one another. Some, however, are highly more complex than that. There is something universal about a divorce case, though: the marriage just isn’t working for one reason or another and at least one person in that union wants their best chance in life with someone else or just by themselves.
There are many variables to consider regarding a divorce, especially if the couple in question own a significant estate or are in custody of a child or several children. According to the website of Holmes, Diggs & Eames, PLLC, family law prioritizes the needs of the child before anything else. However, a criminal record can significantly influence the case in favor of one person or another, despite it not contributing to the case at all.
For example, say the person in question is a loving father but has a criminal record of theft or maybe even substance abuse. Even if this hypothetical father were to do everything in his power in order to rehabilitate himself, there is a chance for the favor to go to the spouse in question. The criminal record will remain a stain on whoever it holds due to the negative connotation that it presents of the person’s character. A Collin County criminal defense lawyer will probably tell you that that will always be the case and when filing for a divorce, these variables need to be taken into consideration in order to be presented properly and within an appropriate context.
Jul 4, 2015
You are not what happened to you; you are all the choices that you make regarding the things that happen to you. The path to your recovery after something terrible, for example, is one that is dictated by you. If you, then, have suffered a horrible accident that has left you disfigured or scarred, it can be quite the traumatizing experience to have for anyone. To bear such scars of an accident and to carry that burden can lead to depression, anxiety, and so many more problems as well as becoming socially ostracized due to the deformed physical appearance following an accident.
According to the website of the people with Bergman Folkers Plastic Surgery, the face is the most easily recognizable part of the body and so any changes on it are easily noticed. When scarring occurs or the face’s skin suffers large burns, a large part of it can never truly, naturally heal on its own. This can have devastating effects on one’s self esteem; not only that, but it can also damage the career of a person who needs to look a certain way in order to do their profession (e.g. models, hosts, flight attendants, et cetera).
This is why facial reconstruction surgery is such an important choice that is available for victims who have suffered horrendous accidents at the hands of someone else’s negligence. Some accidents that can cause disfiguration of this extent are animal attacks, explosion accidents, or fire accidents. Allowing yourself to look like your best self – like the you who you can and want to recognize in the mirror – is something that you have every right to pursue, if that is the path that you wish to take.
If you or someone you know has suffered a terrible disfiguring accident and is considering reconstructive surgery as a means to recovery, it is recommended to get the professional advice of a plastic surgeon first.
Jul 3, 2015
Benefits are privileges that people are often quick to jump on at a moment’s notice. It’s practically nature – who wouldn’t want the benefits that they are entitled to? However, benefits aren’t always that easy to claim especially if there is a legal protocol to be followed before you may receive them. Sometimes, claims to benefits are denied – and this is especially true for social security disability benefits.
It has been speculated that at least 70% of social security disability benefit claims are disapproved at the first go. This is usually because the paperwork or the factors concerning the benefits were not properly filed or considered. It is unfortunate and can cause hassle when things like this happen but situations of this nature can be avoided altogether when the proper factors of social security disability benefits are properly thought through.
Some main factors concerning these benefits are the age and the capability to do work. For example, according to the website of the Chris Mayo Law Firm, people who are aged over 50 are more commonly not expected to retrain themselves with new work skills or are particularly qualified for reallocation in terms of employment, especially if their previous job involved specialization. In terms of a person’s capability, if they are unable to carry on with their work for at least a year due to the disability then they may possibly be qualified.
Though the system itself operates quite objectively, there are many factors to consider regarding social security disability benefits before they are granted. Security protocols are in place so that the system is not abused. However, the advice or help of a social security disability benefits attorney may not only allow for you to solidify your case but also smooth the process along so that you may claim your benefits as swiftly and as stress-free as possible.
Jul 2, 2015
A car, in this day and age, is practically a necessity at this point. It can be pricey to purchase, yes, and some people work for years and years before they are able to properly afford the car of their dreams. So with all of that in mind, there is a question that some people may think when they’re finalizing everything they need for their latest investment: is car insurance really necessary?
There are some who hold the belief that car insurance is just but a fancy accessory that isn’t truly needed as long as you drive safely and carefully. The thing is, not everyone is going to be as careful as you think and believe you’re going to be. Accidents have a tendency to happen and they are accidents because they are never planned by whomever. A car without insurance that then gets into an accident may cost repairs that then give you more expenses than you would have had to pay if you’d invested in insurance.
The thing is, as much as a car is an investment for you; car insurance is an investment on your investment. In medicine, there is a favored saying that goes along the lines of “an ounce of prevention is better than a pound of cure”; this follows that same basic principle. Taking safety precautions and preventative measures that ensure that you won’t have to worry too much about the worst case scenario when or if it happens because you have the car insurance could save you a lot of trouble in the long run.
According to the website of Insure on the Spot, car insurance can also allow for you to retain your license, in the event of any driving violation that would result into a confiscation of your license. A certain type of insurance would then be required to be on hand at all times. This is because safety while driving is a serious issue and it needs to be given more serious attention.
So what do you think? Is car insurance really necessary? You be the judge.
Jul 1, 2015
Unfortunately, accidents while on the road are more than common enough in this day and age. Several of them occur on a daily basis. Every single time, they cause damage – either almost inconsequential (just a bit of a scratch on the paint, nothing too major) to devastating rollovers or collisions that cost can cost a lot of money but also lives. The thing about regular motor vehicles accidents is that sometimes, they can be relatively tame. That is why truck accidents are on an altogether different class.
Trucks, either semi-trucks or full on eighteen-wheelers, weight significantly more than your ordinary sports utility vehicle (SUV). According to the website of lawyers Habush Habush & Rottier S.C., truck accidents cause devastating effects on the victims due to the sheer size that something of that magnitude could inflict. Can you imagine something weighing at least 80,000 pound rolling at a few miles per hour at a Los Angeles freeway during rush hour? The damages and lives cost would be colossal.
It is the sizable difference between trucks and regular motor vehicles that allows for trucks to actually have universal federal laws for every manufacturer and driver to abide by when operating a truck. For example, as is stated in The Ausband Law Firm’s website, a driver of an eighteen-wheeler truck is only allowed to drive for a certain number of hours without rest. A truck is also only allowed a maximum capacity for how much weight it can carry and transport from state to state. Some states allow for trucks to carry over 100,000 pounds without a permit.
Understanding the laws and regulations concerning truck accidents allows for you to know your rights to pursue legal action, should you have been injured due to circumstances of this nature.
Jun 28, 2015
There are many more hazards and risks that have become more prominent in the world we live in today. After all, they call it a technological revolution for a reason and new things are getting made every single day. However, as things get more and more dependent on things out of our immediate control, so does the room for accidents to happen grow exponentially when these things that we rely on happens to cause injury. So what are you to do after you are injured in an accident?
First things first, you need to be given immediate medical attention for bodily harm that has come to you from the situation. According to the website of the Abel Law Firm, some injuries from accidents can cause temporary to permanent disabilities which could affect your and your family’s lifestyle forever. One of the reasons why it is recommended to seek legal action against the guilty party who caused the unfortunate events to occur is to gain compensation for the medical expenses that will be deemed necessary for the care and recovery of injuries sustained due to the accident involved.
A Houston personal injury attorney would probably mention that a good next thing to do is to get your story straight and in order, with supporting evidence. Though it might be the most imperative thing to get you into medical care, documentation of the scene of the accident can clear up any possible loopholes that the guilty party may abuse in order to get out of the case without paying the price of the law. It is not recommended that fault is admitted but only for the events of the case to be presented in a clear, concise manner.
There are many complications that come with pursuing legal action and a lot of people are, oftentimes, intimidated by the scale of it all or are unafraid that they might not be able to afford it or for any other reason. Personal injury cases are, as is stated on the website of lawyers Habush Habush & Rottier S.C. ®, a personal affair with variables that are constantly changing.