Bringing A Wrongful Death Lawsuit in Dallas

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Losing a loved one is an incredibly painful experience, and that pain is made even worse if you know that someone else is to blame for the death. Aside from the sense of injustice that you may feel, if the person that you lost was the family breadwinner, then the financial implications can be disastrous.

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Fortunately, if you live in Dallas or anywhere else in Texas, there are specific state laws that allow you to sue the person responsible for the death, in order to recover damages that will reduce your financial suffering. These laws apply no matter what type of wrongful death your loved one has suffered – whether it was a car crash, a workplace incident, or other accident. Even if there is a separate criminal prosecution going on, you are still entitled to bring a civil suit against the person or organization that is responsible for the death.

If you are unfortunate enough to be in this situation, the first thing to do is to find a good lawyer. When it comes to looking for a wrongful death lawyer Dallas is home to a number of firms, but make sure that you select one that comes recommended and has a good track record of winning cases. They will be able to advise you on the validity of your claim, and will usually take you on without any upfront fees provided that you have a good case.

The specific law that applies to wrongful death claims in Texas is the Texas Wrongful Death Act. Among other things, this law establishes who is entitled to file a wrongful death lawsuit against the party that caused the death. Under this law, you can bring a lawsuit if the deceased person was your spouse, no matter whether your marriage was registered or common law. You can even bring a claim if you are separated or divorced, and this still

applies if you remarry after your spouse dies. You should note that Texas law does not allow same-sex partners to bring wrongful death actions. You can, however, bring an action if the person who was killed was your father or mother, either natural or adoptive. However, if you are adopted you cannot bring a wrongful death claim if one of your natural parents dies.

In order to bring a wrongful death claim, you will have to establish four basic facts. First, the person’s death must have been caused by the actions of another person or organization, either wholly or in part. Second, you will need to show that that person or organization was negligent, and that this negligence directly contributed to the death. Third, you will need to prove that you are eligible to bring the lawsuit, as discussed previously. Finally, you will need to demonstrate that you have suffered or will suffer monetary damages as a result of your loved one’s death.

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Under Texas law, you will be able to claim damages for direct financial losses resulting from the loss of your family member’s earning capacity, as well as for emotional pain and suffering. There are also specific provisions for loss of the love, comfort and companionship of the deceased person, as well as any loss of inheritance that you may suffer as a result of their death.

What To Do If You Are Injured At Work

what-to-do-if-you-are-injured-at-work1After the home, the workplace is one of the most common places for serious injury and harm to arise. In industrial, construction and manufacturing industries, for example, there are numerous dangers posed to the average worker throughout the day. Both short-term and long-term harm can arise from unsuitable working practices, or simply from being exposed to hazardous situations while at work. Even those in more sedate professions can suffer unexpected, avoidable injuries in the workplace. It is the responsibility of the employer to ensure that all staff are given a safe, harm-free environment in which to work, and any failings in this regard could lead to liability for your injuries.

If you are injured at work, regardless of the severity, you may be entitled to seek redress for those injuries. If it can be shown that the responsibility for your injury lay with the employer, you may be entitled to damages in respect of your injuries. If you have sustained an injury at work, it is important that you follow a set process in order to ascertain whether redress may be available.

There are common law legal protections in place for those suffering from injuries at work. In order to build a case under common law, it is important to look at the incident, the causation, and whether there was any responsibility on the part of the employer. If you can establish the right criteria, it may be possible to claim compensation in respect of your injuries. An experienced law firm, like Brown & Theis, LLP, is an essential component to a successful action, and their expertise will be essential in piecing together a viable claim for damages.

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In many cases, it may be possible to settle this type of claim without proceeding through the courts. While a court-based solution is the ultimate destination for this type of action, employers will often be willing to settle out of court, in order to avoid the hassle and expense of legal proceedings. This can also be a good way to secure the compensation you are rightfully due, without the stress, upheaval and expense an appearance in court may cause you.

Of course, you need to balance up any offer you receive with the likely outcome of a court case. There is no point in settling for a small amount now, if you are certain you will recoup a larger amount in court. Your attorney will be able to advise on whether you should accept an offer to settle, or whether you should proceed to court. This is ultimately your decision, however, and it is worth calculating the amount you are willing to accept to ensure you get just compensation for your injury.

Injuries at work can be devastating. Even seemingly minor injuries and illnesses occasioned through your employment can change your life. Compensation can be an important part of the healing process, and a vital element in recognizing the unacceptable upset and suffering this can cause. By following through the process to potentially have your day in court, injured employees can achieve the compensation they deserve, while helping shape safer working practices for future generations of employees.

Hiring a lawyer for your franchise

criminal lawYou think you are ready to take the plunge and open a franchise, but you have questions and concerns. Whether it is a restaurant, shipping store, or one of hundreds of options available in the franchise world, you need to know what you are doing and what you are getting into before you shake their hand.

Most franchise agreements are contracts and are hundreds of pages long. They are written in legal ease and as a result are difficult to read and understand. There is no way you can digest all the material in the contract in one setting. Considering the ramifications of signing such a large document can have so many repercussions, it is a smart idea to hire a franchise attorney.

A franchise lawyer specializes in understanding these types of contracts and can help you navigate the contract and make an informed decision about who you are considering going into business with. You need to understand the fees you will be paying, the on going obligations you will be responsible for and what options you have if you want to sell or close your franchise location. All of these questions should be answered in your contract. If not you may not want to sign on the dotted line.

While there are many great successful franchises out there, you don’t want to make the mistake of signing up with one that will come back to haunt you a few years from now as your needs or your circumstances change.

 

Workers Compensation in California

Workers CompIf you have been injured on the job in California then it is likely important that you know what types of benefits are available to you. Workers compensation in California is set up to provide aid to employees and their families if an injury, illness, or in drastic cases a death occurs while someone is on the job. Essentially there are five different categories that workers compensation is split into; the following is a brief overview of the five so that you can assess what you may be eligible for.

For those that have missed more than three days or work but are not expected to be permanently disabled from a work place injury temporary disability might be the best option. This type of workers compensation will pay out 2/3 of what your regular paycheck would on a bi-annual basis.

If you are disabled permanently as the result of an injury, then you are eligible to receive permanent disability compensation. This is more complex and will be based upon your previous wages, injury date, and what the rating of your disability is. These benefits will continue for life.

In the case that you are not unable to work but need to seek medical attention as the result of a workplace injury or illness you can apply for medical workers compensation which will pay for all medical expenses and travel expenses that are while traveling to see your doctor.

Next up is supplemental job displacement which pays for training for an individual that is injured on a job and now must be retrained so that they can hold a different type of job. The amount that you receive for training will depend on the extent of your disability.

Finally, in the case of a death on the job workers compensation provides for the family of the injured employee by offering death benefits.

Defective Medical Devices Lawsuits in Chicago

When people go to a Chicago hospital, they expect the medical care and medical devices to be safe and reliable. When people receive care that causes difficulties to the patient or causes the patients to become injured or to die, they will proceed to contact a lawyer to handle the medical device lawsuit.

A Chicago medical malpractice attorney  can help innocent people get money when they are injured at no fault of their own. The lawyers will interview the patient or the patient’s family to get all of the details about the case. Take for example someone that suffers a stroke because of a faulty heart valve. The person goes into surgery with the expectation of being better after the surgery. The person is under the knife and the heart valve is inserted. Once inserted, the doctor will begin to do things to see if the valve is going to work. When the heart is pumping, the valve fails to work and the patient suffers a stroke. The stroke leaves the patient paralyzed on one side and unable to walk. The patient is unable to pay for long-term care or assistance at home. The family contacts a lawyer to see what they can do.

The lawyer will collect the information from the patient or patient’s family. He or she will then gather medical records with a signed consent from the patient or the family. The Injury lawyer will collect all of the information and then contact the insurance carrier for the hospital. The lawyer will make a suggestion of settling out of court. If the insurance accepts, the payment will be made to the patient or patient’s family. If the insurance rejects, the lawyer will make a counter offer. If the reject again, the lawyer will set a court date to proceed with the case in court. The lawyer will also do the same with the company that made the defective medical equipment or heart valve. The money that the lawyer wins for the patient will help the patient to receive the medical care he or she needs for the rest of their lives.

How Bankruptcy Provides a Fresh Start

bankruptcyIf someone asked you what Abraham Lincoln, Walt Disney and Milton Hershey all had in common, you probably wouldn’t expect to hear that each of them declared bankruptcy before making it big. All to often people regard bankruptcy as a sign of failure and ruin, but this couldn’t be far from the truth. Rather, it is a legal way for people with promise to start over again with a fresh slate, and to allow them to walk away from their past while being all the wiser to proceed into the future.

Types of bankruptcy to file

There are three main types of bankruptcy to file depending on the unique needs of the individual(s). These include Chapter 7, Chapter 11 and Chapter 12.

Chapter 7 is what most people think of when they entertain the option of filing for bankruptcy. This is when the trustee sells off non-exempt assets belonging to the debtor so that debts can be repaid to the fullest max possible. Then the portion of the debt that can’t be repaid is discharged. However, only individuals can take advantage of the discharge, and not corporations or business partners. Furthermore, once a business files this type of bankruptcy, it is impossible for their business to continue to run.

Chapter 11 is for corporations or small businesses, and is generally very tricky to navigate. Filing this type allows the business to continue to run and provide a service to clients while maintaining ownership of the operations and assets while negotiating a plan to pay creditors. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005demands a 120-day time limit to come up with a recognized payment plan. If the business owner fails to submit a plan, the creditor may then submit one.

Chapter 12 is solely meant for farm owners. It is very similar to chapter 11 in that the debtor still owns and controls his assets and works out a payment plan. With a Chapter 12 the debtor can generally work out a 3-5 year payment plan, and some portion of the debt may be discharged depending on the farmer’s income. Weather is a huge factor for destroying crops and slowing down cycles—results that can financially strain and even devastate a farmer. Therefore, having some added leniency in the Chapter 12 that lacks in the corporate and traditional business option of Chapter 11 is a great breather.

Finding the right lawyer

When looking for a good bankruptcy lawyer in LA, there are many things you will want to include in your arsenal of criteria. For example, when searching online make sure the firm advertises as a bankruptcy specialist. Be sure to study the firm’s website to find out where the lawyer(s) went to school, how long they have been practicing within the field of bankruptcy law, and what the size of their staff is. You must also make sure that the lawyers you are hiring are certified by the American Board of Certification. Surprisingly, not all bankruptcy attorneys are. Having a certification truly attests to the fact that the lawyer is indeed a specialist in his or her field.

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Things You Can Do to Help You Win Your Social Security Disability Claim

It’s a known fact that more Social Security disability claims are denied than accepted each day. It’s a harsh reality, and an even harsher reality for people who need that financial support while they’re unable to work due to a debilitating disability. A lot of people think that once they apply for Social Security disability that they should just sit back and wait, which is not the case.

If you’re preparing to apply for Social Security disability, or have applied in the past with no success, you may be doing something wrong. There are some things you can do that could possibly help you win your claim if you do all of them, and they aren’t hard at all. If you’re interested in things you can do that better your chances of winning your Social Security disability claim, check out this article to learn more.

Hire a Lawyer

For your best chances of winning your Social Security disability claim, you should hire a disability attorney. Having a disability attorney on your side to fight for your rights as a Social Security disability claimant is absolutely imperative to winning your claim. After all, disability attorneys are the experts, and navigating through the world of Social Security disability on your own can be difficult.

You won’t have to shell out top dollar for a disability attorney to represent you, in fact in most cases the lawyer will only bill you if you win your claim. You won’t see any sort of hourly billing for paperwork or research, instead you’ll only see a lump sum to pay if you win your claim. You’ll have a much better shot at winning a claim with a disability attorney, so consult with one today and get moving on your claim.

Go to the Doctor Constantly

If you aren’t regularly seeing your doctor, the chances of you winning your Social Security disability claim drop dramatically. This is because the Social Security disability person who is reviewing your claim will be reviewing how often you go to the doctor, and if he or she sees a large gap than they might assume you don’t need the doctor, and are therefore healthy.

The treatments you receive from the doctor serve as your medical evidence, and the more evidence you have, the better. If you don’t have health insurance, it’s still imperative that you see the doctor regularly through drop-in free clinics or other ways. Going to the doctor means more medical evidence, meaning you’ll have a much better chance of winning your claim.

Do Everything On Time

The Social Security disability offices take deadlines very seriously, and if you miss one you may jeopardize your claim. Make sure you’re following all deadlines for your application and possible appeals, and contact a lawyer immediately if you miss a deadline.

If you miss a deadline, it’s still possible to win a claim, although it’s much more difficult. In many cases, you must be forced to start a new claim, which can be time consuming and exhausting. Instead, make sure you follow all deadlines, and you’ll have a much better shot at winning your claim.

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Dog Bite Injuries

Although a dog is usually considered to be man’s best friend, at times they can be anything but cute and cuddly. It’s a known fact, dogs bite. Sometimes they bite people. Because a dog can act out without any provocation, it is the dog owner’s who are solely responsible for their dog’s actions. Being attacked by a dog is a scary experience in itself, let alone the pain dand suffering the bite can cause. At times a person can suffer permanent injuries such as scaring due to a single dog bite. Many dog bite victims not only require immediate medical attention, but; they end up requiring future medical attention such as physical therapy or even corrective surgeries depending on where on the body they were bitten. There is no need to suffer in silence. There are lawyers who specialize in these types of cases.

Injury attorneys Chicago are on hand to provide victims of dog bites with legal advise regarding their rights and what they are entitled to as far as immediate and future compensation. Many are not aware of the costs to victims of dog bite injuries. The average cost of a stay in the hospital for such injuries is over $18,000. The laws in the state of Illinois continue to impose a strict liability against dog owner’s requiring them to pay all medical expenses in the event of an attack by their dog on another person. Under the Animal Control Act of Illinois, the owner of the animal in question must pay all medical expenses, pain and suffering and any disability claims as a result of such an attack, provided the victim can establish the following; the victim was allowed to be on the property where he/she was bitten at that time and the victim did act peaceably at the time of the attack and subsequent dog bite injury.

Because Chicago injury attorneys understand the laws completely regarding dog bite injuries, they will represent the victim of an attack by a dog to the best of their ability. These lawyers understand that often the victim of a dog bite is caused by one of their own friend or family members dog! There are rare instances where the dog owner is forced to pay the victim out of their own pocket. For the most part, injuries from dog bites is generally covered under their homeowner’s insurance policy. That is good news for the victim who doesn’t really want to go after a friend or family member in the first place.

Medical Malpractice Epidemic

One of the worst problems facing America is medical malpractice. Nowadays, there aremedical-malpractice more cases of medical malpractice in the United States, but what exactly is medical malpractice? Well, medical malpractice is when health care providers and professionals neglect a patient by not giving them adequate care; this usually happens when a doctor doesn’t follow the recommendations and standards set by the medical community. Medical malpractice can cause a patient to suffer from devastating consequences, and in the worst case scenarios, a patient who has been a victim of medical malpractice can die.

Each year, there is an estimated 195,000 people who die of medical malpractice in the United States. The majority of deaths from medical malpractice occur in a hospital setting, and another statistic says that 1.4 million incidents of medical malpractice occur out of 34 million hospital stays.

Medical malpractice leads to devastating consequences. One of the consequences of medical malpractice is injury. Patients who suffer from medical negligence could develop injuries that could end up costing thousands of dollars to treat. Another consequence of medical malpractice is an increase in medical bills. And in the worst cases of medical malpractice, the victim can die.

One example of medical malpractice is an anesthesia error. During surgery, if a doctor cannot administer the anesthesia correctly, he or she places the patient at greater risk of complications. Another example of medical malpractice is failure to diagnose cancer. If a patient tells a doctor that they have a mysterious lump and the doctor fails to perform the right tests, then the doctor committed medical malpractice. Both these cases are eligible for financial compensation.

People who are the victims of this type of negligence can seek the guidance of a qualified medical malpractice lawyer. Medical malpractice lawyers have the experience and knowledge that is needed to tackle this type of claim; plus they will help assess your situation. Victims of this type of negligence are entitled to monetary compensation for their losses because of the damage that it causes. Individuals who have been the victims of medical malpractice can lessen the burden by filing a claim.

Criminal Law

Although America is typically considered a litigious society, the average person tends not criminal lawto be very knowledgeable about the details of America’s justice system. The legal framework in America is unique when compared to that of other societies, particularly due to the “melting pot” nature of America’s origins. England’s justice system heavily influenced that of the United States, but the French culture in Louisiana also had, and continues to have, an effect in that region as well. One area in which the American system does not differ from other systems is that it is comprised of two major divisions: civil and criminal law.
While the former area focuses on resolving disputes between private parties, the criminal side of the legal system is framed as dealing with wrongs done by an individual or group against society as a whole. In criminal law, the “state” is facing off against the accused, rather than two private parties facing off as in civil law. In the criminal context, punishments are given to those who threaten to, or actually do, harm the well-being of others. The damage may be in terms of physical injury, damage to property, including houses, cars, and money. Philosophers differ on what the proper role of punishment in criminal cases is, but the two most popular justifications are punishing criminals for their acts and sending a message to others not to repeat the conduct.
Punishment does not come without a fair trial, however. In order to prove that one is guilty of a crime, the prosecution must meet a set burden of certainty. This is often referred to as proving responsibility “beyond a reasonable doubt.” The prosecution must demonstrate to the satisfaction of the court that the accused is guilty of the crime accused, which can be difficult if a crime requires several different elements. Elements are sets of facts that comprise the crime, such as a victim dying, a dwelling being entered, or a speed limit being exceeded.

Elements may be mental or physical acts. For example, a crime may require a specific mental state, such as recklessness or knowledge and a physical act, such as using a gun or stealing something. For most crimes, the criminal must have intended to do the act and have done the act successfully for there to be criminal liability.

In the United States, every accused person is given the right to plead his case in the courtroom. Defendants can represent themselves, but a lawyer is recommended. The legal system will appoint a lawyer to those who are too poor to afford one, but only in the criminal law context. Because the field is highly complex, an attorney is a valuable asset.