Posted on 25th April 2010 by admin in Uncategorized
maritime lawyer, transocean accident
Reports are flooding the news about the Transocean oil rig explosion that took place off the coast of Louisiana. The Deepwater Horizon is actually a vessel and is specifically called a semi-submersible drill ship. There were 126 people working aboard the Transocean rig when it exploded around 2200HRS c.s.t. [10:00 pm c.s.t.] on April 20th. There are 11 workers missing and at least 17 seriously injured. All of the injured persons are covered by the Jones Act which is a highly specialized area of the law. It would be foolish to hire a lawyer that is not an experienced maritime lawyer or maritime law firm.
The rig was set ablaze by the explosion, which lasted over two days. The accident that occurred on the Deepwater Horizon rig owned by Transocean was not immediately known. Immediately after the explosion, a call was made to the Coast Guard who then set out to rescue people and control the fire blaze on the rig to try to keep it from sinking. Water vessels and aircrafts attempted to search for the missing workers even after the sinking of the Deepwater Horizon on April 23rd. None of the 11 missing workers were found.
The oil rig was located about 52 miles off the shore of Venice, Louisiana. Some of the officials reported that the oil rig workers didn’t have time to escape the Transocean oil rig explosion because it happened so quickly. But, it will be shown by Gordon, Elias & Seely, L.L.P. in their current lawsuit that it was, in fact, a failure to adequately and properly train its employees that increased the injuries and fatalities. An investigation is underway to determine the cause of the Transocean oil rig accident. When the explosion took place, the crew had allegedly drilled down to +/- 18,000 feet. Transocean’s legal posturing, thus far, is that there was an uncontrolled release of oil or gas into the drilling pipeline, which then caused it to quickly pressurize, ejecting the equipment forcefully back to the surface. It will be seen as time goes on if Transocean tries t file a limitations action in federal court trying to limit its exposure and not fairly and adequately compensate the injured persons and affected family members.
The Transocean rig explosion injured numerous workers who were airlifted by helicopters and the others were loaded onto boats and transported to shore. Some of the injuries that were sustained included broken bones, back injuries, neck injuries, severe burns, smoke inhalation, PTSD, hearing loss and, some paid the ultimate sacrifice at the hands of these “profit driven” as opposed to “safety driven” oil companies.
There are numerous families and workers that have suffered from this tragic event and others similar to it. Luckily, there are Transocean rig explosion attorneys that can help. If you need legal assistance with this case or a similar one, contact Gordon, Elias & Seely, L.L.P. f/k/a/ Gordon & Elias at 1-800-773-6770. We are honored to say, that because of our prior experience successfully suing Transocean in wrongful death matters, our firm was hired before all other maritime law firms to prosecute a lawsuit against Transocean, British Petroleum and others.
Posted on 24th March 2010 by admin in Uncategorized
workplace accidents, workplace injury
Despite every effort made, there always have been and always will be accidents on the job. Even so-called safe jobs can mean injury; anyone can slip and fall at the office or have something from that top shelf topple onto them. While some workplace accidents are relatively minor and may need no further attention, there are some that can mean permanent injury and even death.
What kinds of workplace accidents are common today? For what should you be on guard when at work?
Industrial Accidents
Obviously the more machinery a person works around, the more prone they are to accidents. This can be anything from a severe cut from the machinery to burns from chemicals and other agents. The types of accidents and the resulting injuries will depend upon the machinery used but typically hands and arms are the limbs most affected since they need to come into contact with the machinery.
And eye injuries are not unusual as well. Unfortunately many still do not wear their safety goggles when working in industrial environments, despite the risks. This can mean having something lodged in the eyes as well as damage due to dust, metal fibers, and other irritants in the air.
General Accidents
Warehouses and shipping or receiving areas are also common places for accidents. Forklifts moving through, products stacked up on pallets, and things such as these all are dangers in these areas. They can result in some minor bumps and bruises to serious injuries that require medical care.
There are also many accidents that can and do happen even in the office area, although very often they’re the result of inappropriate actions. This might include using a chair for a ladder and falling, carrying heavy weight from one area to another and straining one’s back, burning one’s mouth on too hot coffee or other beverages, and incidents like these.
No matter the injury, it’s good to consult with an attorney to find out your rights under the law. Never assume that even if you are at fault for causing the injury that you are not entitled to reimbursement for medical bills and monetary damages. An attorney can evaluate your case and advise you of the best course of action. This article should not be used as legal advice.
Click here for more details from Attorney at Law Elan Wurtzel. Serving clients in the Long Island, New York area.
Posted on 24th March 2010 by admin in Uncategorized
animal bite accidents, premises liability, premises liability attorney
Dog Bite Statistics
There are close to five million dog bite injuries every year in the United States and in the 1980’s and 1990’s around seventeen people a year died from injuries sustained in dog attacks. In the last ten years the number of deaths attributable to dog attacks has risen to around twenty six a year. Around half the attacks occur in the owner’s own house and nearly eighty percent of attacks involve a pet dog. In only 6.5% of claims is there an element of provocation of the dog by the victim.
Liability and Dog Bites
Liability is strictly imposed against the owner of the dog by the dog bite statute and is shown by proving that the defendant in the case is the true owner of the dog, that the attack occurred either in a public place or when the victim was lawfully in the private location. This second part to the test for liability therefore means that anyone who is trespassing and is attacked by a dog, is not able to claim compensation for any injuries sustained.
Dog Bite Statutes
It is important to note that the dog bite statute refers only to actual dog bites so if you have been injured by a dog in a way other than being bitten, this statute does not cover you. For example if the dog seriously scratched the victim or knocked him or her over, then any injuries caused are not covered by this dog bite statute.
The usual defense to a claim under the dog bite statute is that the dog was provoked. This defense will often be used in cases where the dog has no history of being aggressive. However, statistics show that provocation is found to be the cause of an attack in only 6.5% of cases of dog attacks and the prosecuting counsel will seek to establish the claimant’s credibility to show they are unlikely to have provoked the animal into an attack.
Victims of Dog Bites
Many dog bite victims are animal lovers themselves and are concerned that if they pursue a claim against the owner of the dog, the dog will be put to sleep. Unless the victim specifically pushes for the dog to be removed from the owner’s care and re-homed or euthanized, then this is unlikely to happen.
This article is not to be taken as legal advice. If you have been bitten by a dog and would like to discuss the matter with a lawyer, contact the Jodat Law Group, serving clients in Venice, Florida.
Posted on 24th March 2010 by admin in Uncategorized
accidental overdose, medical malpractice
The drug, Herparin, is regularly used as a blood thinning agent in operations, heart attack and stroke victims and in this case, to prevent catheters from clotting.
New born twins of actor Dennis Quaid and his wife, Kimberly Buffington, were being kept in hospital for observation, following their birth in November 2007. The two little babies had catheters fitted, probably to allow regular blood sampling. It is normal procedure to give the patient the blood-thinning drug to prevent blood clots forming in the catheter and causing a blockage.
However, instead of the usual ten units per millimeter, the twins were administered with a dose around a thousand times more than that. This massive over dose could have had serious and life threatening consequences. Luckily the babies suffered no long term effects and the error was said to be caused by a labelling design as the adult and child products looked very similar. The Quaid family sued the manufacturers and settled for $750,000.
However, in an earlier incident the newborn babies were not as lucky. At a hospital in Indianapolis, six newborn babies received an accidental overdose of Heparin, resulting in three of the babies dying. The nurse had apparently administered the adult form of the drug and not the child version after the technician had filled the cabinet with the wrong vials by mistake.
In July 2008, a set of twins born in a hospital in Texas died after an overdose of the blood-thinning drug. However, the mistake was found to be due to a mixing error when the drugs were made up in the hospital pharmacy.
If you or a member of your family has suffered as a result of an accidental overdose while under the care of a doctor or hospital you maybe eligible for compensation through a claim for medical malpractice. This article is not intended to replace legal advice.
Further Legal Resources: The medical malpractice web pages of The Barber Law Firm in Dallas, Texas.
Posted on 22nd March 2010 by admin in Uncategorized
disability law, social security law, SSI benefit
Claimants find it quite challenging to establish how much time will be taken in order to complete a disability appeal. This is usually attributed to quite a number of facts as mentioned below
It is difficult to tell how much time a disability case will take since social security law and disability law have not accorded such cases a definite time frame. Consequently they are usually conducted without a set deadline. Nevertheless, the social security office will most of the time take between 90 to 120 days in order to process a decision.
Disability Requirements
Apart from that, disability requirements under social security law and disability law create great differences in disability cases. This is because individuals normally have diverse cases of impairments as well as medical evidence. Therefore, each case will take a different time frame depending on medical evidence presented as well as the impairment at hand.
Process of Approval
Further still, in various occasions, disability cases are often forwarded to the DDS claims Examiner or to an Examiner. In such instances, the case is usually slowed down since the DDS claims Examiner or the Examiner is already overwhelmed with several other cases to look into and as a result attention is divided and it is only by sheer luck if the disability case is looked at soon enough.
The First Appeal
All the same, the first appeal that is presented just after the first claim is denied, commonly referred to as Reconsideration, usually takes about four months or less. What is more, as soon as a hearing has been requested, it only takes about six months for the hearing to be presented before a judge.
Contrary to this, there are still quite a significant number of reconsiderations that are processed in more than six months. To make it worse, it even takes more than a year for some claimants to get their hearing scheduled. This is why it is important for one to always seek the assistance of a professional who is well versed with issues pertaining to social security law as well as disability law.
This article is not intended to provide legal advice.
Your Internet Disability Attorney Mike Murburg P.A. can help you learn more about the application for SSI benefit and other disability law. Assisting clients in St. Petersburg and Clearwater in Florida.
Posted on 22nd March 2010 by admin in Uncategorized
sex crimes, sexual offenders, texas sex crime attorney
Sex crimes are fast becoming great media interest in the United States. The American society rarely passes a day without reports on some kind of sex scandal. The sex crimes may involve willing partners, unwilling and helpless victims, solitary events, those without physical damage, and those that result to death. People sometimes reveal a personality that connects sexual pleasure with fatal violence. Permissible or desirable sexual actions sometimes commit crimes beyond normal acceptable social behavior when the offender modifies behavior and perception levels about fun and excitement.
Common types of sex offenders
There are three common types of sexual offenders namely the sexual predator, the habitual sex offender, and the sexually oriented offender. The sexual predator refers to a person who had committed, pleaded guilty, and been convicted of sexually oriented offense in the past. The sexual predator has greater probability to commit sexually oriented offense in the future. The habitual sex offender refers to a person who had committed, pleaded guilty, and been convicted of multiple sexually oriented offense in the past. The habitual sex offender has every possibility to commit multiple sexually oriented offenses in the future. The sexually oriented offender refers to the person who is neither a sexual predator nor a habitual sex offender but been convicted of a sexually oriented offense in the past.
Sex offenders’ characteristics
Adult sex offenders demonstrate identifiable major personality traits regardless of the offense committed. The absence of peer interaction, deviant arousal patterns, highly controlling and manipulative attitude, distorted sexual values, and defective goal setting are the major distinctive characteristics of common sex offenders. These people also demonstrate exaggerated negative self-image, suppressed emotions, identity confusion, exaggerated need for acceptance, and selective perception on things.
What makes a sexual offense a crime?
Forcible rape that involves an offender and an unacquainted victim showed a meaningful arrest volume for serious sex crimes in the past. The worst sexual offense is an attack that would result to the victim’s death. The offense that drives special attention and public concern is the sexual force and predatory abuse over children. Children lack the capacity to judge exploitative adults’ intentions.
This article should not be treated as a legal advice.
Click here to visit the website of The Law Offices of Michael Lowe for more information about sex crimes. Serving clients in the state of Texas.
Posted on 22nd March 2010 by admin in Uncategorized
louisiana personal injury attorney, personal injury law, tort law
Personal injury law covers any person that claims to be injured physically or psychologically as a result of another person’s, government agency’s or company’s negligence. Personal injury lawyers tend to have experience and knowledge in tort law and specifically on civil wrongs, damages (economic and non-economic) to property, rights or a person’s reputation.
Personal injury law falls under tort law and despite the training and legal license to practice any law fields, personal injury lawyers handle cases that fall under tort that includes, but not limited to, injuries at work, accidents and other injuries.
Personal injury lawyers can also be referred to as trial lawyers if the cases they handle go into trial. However, most personal injury cases settle rather than go into trial. Criminal prosecutors and defendants’ lawyers also appear in trials.
Qualifications of a Personal Injury Lawyer
To be able to practice any law – including personal injury law – a lawyer must obtain a legal license to practice law from state bar association. Professional and ethical code of conduct is set by the state bar association, which is a responsibility of the lawyer to uphold. Once licensed to practice law, they are legally allowed to file legal complaints, draft legal documents and make appearances in court. They are also allowed to offer legal advice.
The personal injury lawyers are often referred to as plaintiff lawyers. Their sole responsibility is to ensure that the plaintiff is well compensated for loss and damages by ensuring justice is done. They are required to build up a strong case that could inform the case and this includes identifying the personal injury law that covers them. They also need to interview and evaluate prospective clients to ensure all facts are in place as well as do extensive research to support this.
Standards of Conduct
Personal injury lawyers are expected to conduct themselves with strict standards of legal ethics especially with clients. There are standard codes that require a knowledgeable evaluation of legal matters while showing competence in all legal matters including the personal injury law.
This article is not intended as legal advice
Additional Legal Information: Clients in the New Orleans are should contact Bloom Legal, LLC for legal advice and assistance.
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.
