Posted on 2nd March 2010 by admin in Uncategorized
Anticipatory Breach, Breach of Contract, Breach of Contracts Types, Fundamental breach, Material Breach, Partial Breach, South Florida Law Attorney
Contracts are used to enforce an agreement made between two parties, to help make sure that delivery of the product or service is completed. Failure to do so is considered to be a “breach of contract”.
Breach of Contract Explained
Breach of contract is the failure to perform the obligations of that binding agreement of a contract. A breach may occur if the party does not fulfill his contractual promise, refuses to perform the duties, if a party does something that is prohibited in the contract, or prevents the other party from performing its obligations.
Different Types of Breach of Contracts
- Material Breach – also called total breach. This type of breach of contract is any failure to perform and destroying the value of the contract for the non-breaching party. This permits the other party to the contract to either compel performance or seek damages. The damages would be the money payment adequate to cover economic losses resulting from the breach of contract.
- Partial Breach –also called immaterial or minor breach. This type of a breach of contract does not substantially affect the value of the contract for the non-breaching party. Thus, the non-breaching party is not entitled to an order for performance of its obligations, but only to collect the actual amount of their damages. It is merely a slight deviation from the bargained-for performance.
- Anticipatory Breach – also called constructive breach. This type of breach of contract occurs when one party decides to break a contract and will not take the action that he or she promised before the actual time of performance is due.
- Fundamental breach – also called repudiatory breach. This type of breach of contract permits the aggrieved party to terminate performance of the contract, and also entitling that party to sue for damages.
If there has been a breach of contract, there are different types of damages that can be sought. It is advisable to contact a lawyer to help you understand your legal rights and options, as well as review and evaluate your contract.
Additional Legal Information. Attorney at Law Ned Kimmelman. Serving clients throughout South Florida.
Please note that this article is for information purposes only and not intended as legal advice.
Posted on 26th February 2010 by admin in Uncategorized
TBI lawyer, TBI pathology, TBI types, traumatic brain injury
Brain injuries usually arise from accidents involving strong forces striking the head. A great example of this would be vehicular accidents, wherein the head gets a physically powerful bump to anything adjacent to it.
When a strong force is applied to head, two things happen.
First, skull damage. The skull may be fractured due to laceration of meningeal arteries leading to extradural hemorrhage. Extradural hemorrhage, also termed as epidural hemorrhage, is bleeding from a damaged blood vessel. Focal brain damage or injuries isolated in affected areas of the brain causes an inflammatory response which may precipitate cerebral edema. With skull fracture, there is a great risk of infection due to disruption of primary defenses and development of open wound.
Second, brain motion during the injury. There are three possible scenarios that can occur:
- Cup/countercoup injury,
- Torsion around stationary brain stem, and,
- Bridging vein rupture.
Coup refers to the point of impact while countercoup is the area opposite to it. In coup/countercoup injury, the force transferred to a certain area of the head (coup) accelerates the brain in its protective pool called cerebrospinal fluid. At the end of the movement, the motion of the brain is centered against the cranial vault. The brain then absorbs the compressive force and fiercely rebounded off the skull (countercoup). This generates great force that causes further brain distortion. This injury, alongside torsion around stationary brain stem, leads to contusion and concussion.
Concussion is a loss of consciousness following a brain injury. Concussion mechanism involves brain motion during the injury, with an interruption of reticular activating system function. The reticular activating system plays a role in wakefulness or consciousness. With Concussion, the possible occurrence of amnesia may be retrograde, or loss of memory from point of injury, and anterograde, or loss of memory until sometime after the injury. The length of amnesia will depend on how extensive the brain damage has become.
Lastly, the effects of brain motion causes vein rupture resulting to subdural hematoma. It is the bleeding from a disrupted blood vessel which eventually coagulates. This hematoma can impede normal blood flow of the brain which decreases brain oxygenation and neurologic function.
Any form of brain injury requires immediate attention in order to prevent loss of brain function.
If you suspect that you or a loved one has suffered an injury that could result in TBI, go to the webpage of Attorney Elan Wurtzel of Personal Injury Law Firm Wurtzel Law here.
This article is not intended as legal advice.
Posted on 26th February 2010 by admin in Uncategorized
truck accident law, truck accident lawyer, truck accident liablilty, truck accidents
When a lawsuit is filed over a truck accident there is likely to be a very large monetary claim. Most victims involved in a truck accident die. They may leave behind a spouse and dependent children. Victims who survive may be disabled for life. They could have injuries so severe that they can no longer work. In both these situations a lawyer will probably be hired to help the victims and the families get compensation from those responsible.
In the case of a victim who dies, the attorney may file a wrongful death suit. This will seek compensation to make up for what the family lost when the victim was killed. If the victim left behind a young family the truck accident attorney will want adequate compensation to support the spouse and children and pay future expenses including education costs.
In the case of the victim who is injured, the attorney will need to assess the damages and determine what the victim needs for medical care and what the family needs for income support.
The lawsuit is filed against all those responsible, or liable for the accident. In the past this liability may have been limited to truck drivers and companies. However, with more truck drivers using drugs or driving intoxicated, some attorneys are widening their scope of liability.
In a study by the US Dept. of Transportation, published in March 2006, the use of prescription drugs was considered a factor in 26.3% of truck crashes. This made it the third highest of all accident causes and the top driver related cause.
An attorney representing a client injured by a truck driver on prescription medications may go after those who allowed the truck driver to continue to operate the vehicle. They may also do extensive investigation to determine where the driver got the medication. If the medication was illegally obtained the attorney could choose to go after the supplier and tie them into the case as a liable party.
Alcohol abuse is another factor in driver caused truck accidents, but not as prevalent as prescription medications. The attorney would most likely investigate to determine if the driver was over-served at an establishment and allowed to leave in his truck intoxicated. If this was the case, the establishment owners could be sued.
These kinds of truck accident lawsuits can be very expensive which is why many trucking companies have strict rules against drivers who abuse alcohol or other substances. The federal government also has laws and stiff penalties against truck drivers who drive intoxicated or under the influence.
These are regulations that must be strictly enforced. Trucks are forty times larger than the average car and they require drivers who are alert and operating at their full capacity. An intoxicated truck driver can cause devastation to many people. Their irresponsible behavior can kill people and leave others debilitated for life. It is critical that they be kept of the roads. This responsibility may fall to the trucking companies, who understand that they will be liable if they allow a driver with a known substance abuse problem to drive one of their trucks.
This article is not intended for legal advice.
Related Legal Source: For more information regarding truck accident laws please visit McAllen, Texas Truck Accident website of Gordon & Elias.
Posted on 25th February 2010 by admin in Uncategorized
driving under the influence, drunk driving, DUI defense lawyer
A breath test is an important aspect of any DUI arrest. Either a breath test or a blood test can be conducted after an arrest to show the exact level of inebriation that the suspect was arrested for. However, due to the careful laws in place to protect due process and the privacy rights of the driver, it is important to know what needs to be done so a breath test can be admissible for the case.
Working Breath Machine
Because the breath test is completed by a machine, which can break, the test needs to be properly maintained at all times. For this reason, all breath tests must be conducted in pairs with only a +/- 0.02% difference between each test. If there is a higher percentage difference between readings, it might mean the breath testing machine was not working properly and that the sample cannot be admitted as evidence of DUI.
Properly Obtained
There is a very clear outline for how an arresting officer can obtain a breath sample. To start with, they must continuously observe you for at least 15 minutes before administering the breath test. This will keep there from being bad results due to mouth alcohol. The officer should be sure you don’t get sick, belch, or burp during the time period. If so, they may have to put off giving you a breath test due to underlying medical conditions that will make the test inadmissible.
Additionally if the test was given before you were arrested, it may not be admissible due to the implied consent law.
Due to the many rules that dictate how a breath test is administered and how its results are interpreted, it is important that a lawyer is hired to review the process and make sure not mistakes or shortcuts were used in the collection process.
This article is not a substitution for legal advice. If you are facing legal action for a DUI, contact a lawyer with experience in the field.
Ensure your breath test is handled properly with the help of Will & Will LLP, Attorneys at Law – Riverside, CA and Orange County region.
Posted on 25th February 2010 by admin in Uncategorized
alcohol, car accident attorney, drunk driving
Alcohol and driving are a deadly combination. Every year, thousands of people lose their lives because an impaired driver made a reckless decision to drink and drive, also causing hundreds of thousands more to be seriously injured.
Effects of Alcohol
Alcohol is a depressant and is absorbed into the blood stream causing a delay in the normal brain function and inability of a person to function normally. Alcohol adversely affects driving-related skills. The following highlights the effects of alcohol while driving a motor vehicle:
- Psychomotor skills – alcohol affects coordination and balance. The mechanics of driving can be affected by reduced eye/hand/foot coordination.
- Cognitive skills – alcohol affects a person’s information processing skills.
- Reaction time- slow reflexes can decrease the ability to react swiftly to situations.
- Vision – eye muscles function more slowly. Eye movement and perception are altered, that may result in blurred vision. Night vision and color perception are also impaired.
- Tracking – also called steering. The ability to maintain the vehicle within the lane limits and in the correct direction while being aware of the driving environment such as road signs can be adversely affected.
- Concentration – attention to driving may decrease and/or drowsiness may occur.
- Comprehension – the depressant effect of alcohol hinders the ability to make rational decisions.
Possible Signs of Drunk Driving
Here are some signs to watch out for. If you see these signs, call the police immediately.
- Speeding
- Driving too slow
- Unable to stay within the lane
- Taking extremely wide turns
- Driving on the wrong side of the road
- Braking erratically
- Speeding up erratically
- Tail gaiting
- Pulling over recklessly
- Driving without headlights
- Stopping inappropriately
We can never educate people enough on the dangers of drunk driving and the consequences it can have on the driver and others around them. People should realize the life-altering effects alcohol and driving can have and to be smart and consider the consequences before getting behind the wheel after mixing this deadly combination.
If you are a victim of a car accident that was caused by drunk driving, immediately contact a qualified lawyer who can advice you of your legal rights.
This information is not intended to replace legal advice.
Additional Legal Resources: Please visit Bloom Legal Law Firm. Serving clients in New Orleans, Louisiana.
Posted on 23rd February 2010 by admin in Uncategorized
back injury, personal injury, personal injury lawyer
How to avoid back injuries
Taking steps to ensure a safe working environment and staying as physically fit as possible are the keys to avoiding back injuries and back pain.
Staying Fit
You cannot rely on an active workday as your only source of physical exercise. Paying close attention to your diet is also key to making sure that you are not placing too much stress on your back by carrying around excess pounds. It’s important that you maintain a proper weight per height ratio in order to prevent straining back muscles. There are also specific exercises that will properly stretch and strengthen back muscles, as well. Exercises, such as these, are known as “core strengthening exercises” because they target both the back and abdominal muscles.
Pay attention to your posture
Back muscles will become stressed as a result of poor posture. Slouching or hunching over is an exaggeration to the natural curves of the back. This can lead to fatigue and muscle injury. Good posture, however, will relax the back muscles and balancing your body will then require little effort. The two most important things to remember about posture:
- · Standing posture: When standing for long periods of time, you should rest one foot on a small box or stool. Hold reading material at eye level, when standing, while avoiding bending over your work.
- Sitting posture: Choose a chair that lends support to your back. Have your chair adjusted so that both your feet remain flat on the floor. If the chair is not designed to support your lower back, use a small pillow or a rolled up towel placed behind your lower back. Remove any items from your back pockets and store them elsewhere, since they will throw off the balance of your lower back.
Lifting items properly
There are 2 ways to life and carry a load – the right way and the wrong way. When lifting – make sure your legs do the work and not your back. Avoid extending your arms and keep lifted objects close to your body. Make sure to obtain assistance with heavy loads.
Please note that this article is for informational purposes only and is not intended as legal advice.
Back injuries may require expensive medical treatment with physical therapy, which can result in loss of income or other inconveniences. To find out more about your rights concerning work-related back injuries, you may wish to consult with back injury lawyer Gary R. Jodat at his Sarasota, Florida office.
Posted on 23rd February 2010 by admin in Uncategorized
medical malpractice, medical malpractice attorney, surgery injury
Medical malpractice is often associated with high-risk procedures such as surgery, but they can occur even in the most routine of tasks. This isn’t to say they aren’t avoidable; in fact, most cases could easily have been prevented with an extra pinch of care. And while it’s the doctor doing the risky work, patients can play an active role in preventing medical errors and ensuring a safe patient-doctor relationship.
Patient involvement
A patient should consider himself part of his own healthcare team. Rather than passively receiving treatment, one should be actively involved in every decision from which tests are done to whether or not to opt for surgery. The Internet offers a wealth of medical information that can help patients stay informed and have more educated discussions with their doctors.
Information consistency
Doctors make their decisions based on what they know about their patients. It is therefore one’s responsibility to make sure the doctor knows all the relevant medical history, including previous conditions, allergies, medicines taken, and treatments received. When changing doctors, bringing all previous notes, records, and prescriptions can help keep the new doctor up to date.
Medicine verification
Since there is rarely direct contact between the doctor and the pharmacist, errors in communication are fairly common. Research from the Massachusetts College of Pharmacy and Allied Health Sciences showed that 88% of medication-related cases involved prescribing the wrong drug or giving the wrong dose. Patients should always verify their medicines at the counter and make sure the dosage instructions are clear.
Hospital choice
A patient undergoing a delicate procedure, such as surgery, should have as much choice at possible when it comes to hospitals and practitioners. Studies show that such procedures yield better results when patients are better informed. Patients can do their own research and find out which institutions provide the best care, or insist on having the procedure done by a doctor already familiar with their condition.
Clear instructions
A good percentage of medical errors also arise from a misunderstanding of doctor’s orders. If possible, instructions should be obtained both verbally and in writing, both by the patient and the people providing care at home. Patients should read prescriptions right away and have the doctor explain any vague statements, particularly regarding administration and dosage.
This article is not intended as legal advice.
Additional legal resource: Texas Medical Malpractice Attorney Kris Barber, The Barber Law Firm. Serving clients in Dallas, Texas.
Posted on 23rd February 2010 by admin in Uncategorized
auto accident, automotive injury, car accident, florida lawyer
You were hit by a car and you are starting to panic. Now what? When a car accident happens, there are times when emotions are so high, people forget what to do. Before you panic, take a good look around and stay calm. The good news is you are alive. Here is a list of what you should do to stop a bad situation from getting worse.
Steps to take after a car accident:
- You must notify the police immediately. Stop your vehicle regardless of how minor the accident is.
- Check if anyone has been injured in the car accident, inform the police or (call an ambulance if necessary).
- Don’t leave the scene of the accident. Try not to move your vehicle and wait for the police to arrive in order for them to survey the scene.
- Exchange information (your name, address, telephone number(s), driver’s license number, license plate number, and insurance information) with the other people involved. When exchanging information, be sure to cooperate but never volunteer any information about who was to blame for the accident. Anything you say to the police or the driver, can be used you against you later.
- Talk to witnesses and take their contact information. This may come in handy in case of a dispute with the other driver(s).
- Take pictures of the specific damages and injuries of the accident. This proof will help determine how much you should be compensated for the damages to your car.
- Contact a Lawyer.
Why it’s always best to contact a lawyer
It is important to contact a qualified and experienced car accident lawyer and seek their advice and assistance following the incident. Acquiring their service is essential if you have sustained serious injuries or if you are unsure of your rights concerning car accidents. You may be limited for time when it comes to claiming compensation, so it is best to seek advice as soon as possible.
This article is not intended to take the place of legal advice. Always consult a competent lawyer before making important decisions arising out of a car crash.
Further Legal Information: If you have been involved in a car accident and need additional information please visit the lawyers at Kelley Uustall Law firm. Serving clients in the State of Florida.
Posted on 21st February 2010 by admin in Uncategorized
premises liability, premises liability attorney
There are a number of liability laws that dictate the way in which people and businesses can be held accountable for their actions. In the case of premises liability law, fault can be found with a business or individual for damage or injury incurred while on someone else’s property. This includes thins like “slipping and falling”, violent attacks, or robbery if the security was an issue.
Where Premises Liability Comes Into Play
The idea of premises liability can come into effect in any number of situations. The most common is the slip and fall case, which may seem like a simple case, but can often be hard to prosecute depending on the situation and the state in which the case is filed. In many cases, it is nowhere near straightforward.
To start with, the possession of the premises needs to be established. This is done if the person is in occupation with the goal of controlling it, or if the person is entitled to occupy the land and no one else occupies the land. In addition, it is important to determine if the plaintiff was an invitee, trespasser, or licensee. Each category will result in different levels of liability.
Plaintiff Status
Someone is an invitee if they are asked to enter the premises by the owner for a commercial benefit to the owner. The invitation can be express or just implied (as in the case of a restaurant or store). The possessor of the premises is obligated in most cases to provide safe conditions. The possessor should need to periodically inspect their property and warn any invitees of potential dangers if they exist – such as a wet floor or icy sidewalk sign.
A licensee is someone who is invited onto the premises for non-commercial purposes. Social guests are considered licensees and the possessor is considered liable if they knew or should have known about a danger on the property or if they failed to try and keep it safe. The third category, trespasser, is generally exempt from being able to hold a possessor liable as they were not permitted or invited onto the property.
This article is not legal advice. Please contact your lawyer for assistance with all legal inquiries.
Want the inside scoop on premises liability law? Visit Weinstein-Law.com based in Florida for more information.
Posted on 21st February 2010 by admin in Uncategorized
federal taxes, state taxes, tax attorney
In the campaign for greater compliance with tax laws, the Internal Revenue Service (IRS) has initiated a major crackdown on all delinquent taxpayers and tax violators both locally and internationally. One particular area that has gotten much attention in recent years is the issue of offshore accounts that apparently have been chiefly instrumental to tax evasion. With mounting, unrelenting pressure from the IRS, more and more citizens are compelled to come clean by filing their FBARs.
An FBAR is…
One of the processes required in declaring taxes or in the voluntary disclosure practice is to file Form TD F 90-22, which is a Report of Foreign Bank and Financial Accounts or FBAR. This report is filed annually, and by people who meet specific criteria outlined by the IRS.
You Should File If…
According to the IRS, each United States person who has bank, securities, or other types of foreign financial accounts with which they have financial interest in or other authority over and that aggregately exceed $10,000 in value at any time during the calendar year must report such relationship with the Department of Treasury through an FBAR. The deadline of such report is on or before June 30 of the following year.
An important side note, a United States person is used to mean a citizen or resident of the United States, or a person in and doing business in the United States. In this regard, a foreign subsidiary of a United States person is not required to file an FBAR, although its parent corporation may be required. However, a branch of a foreign entity doing business in the United States must file the report.
When and Where to File…
The FBAR must be filed on or before June 30 of the year following the calendar year that is being reported in the FBAR. Reports can be mailed or hand-carried to the Department of Treasury, or to any local office of the IRS. No extensions are given on the time for filing the report. If an FBAR is filed late, a statement explaining the delinquency must be attached.
Tax violators who have received penalties for failure to file FBARs have prominently been those involved in offshore accounts, as well as those under voluntary disclosure.
Additional legal information on offshore voluntary disclosure is available from the Thorn Law Group, attorneys at law serving the Washington, D.C. area.
