Manx Property

Caught in the Middle


Aviation Accidents


Posted By on Dec 3, 2014

Despite being deemed as one of the safest mode of transportation in the world, air traffic still has significant numbers of accidents that resulted to several personal injury claims and even fatalities. Because many of these aviation accidents only happen to smaller planes or with minor injuries, they often go unreported in the news. However, they are still important information can be useful in personal injury claims.

According to the website of the Seegmiller Law Firm, aviation accidents are covered by aviation law which includes major air carriers and general aviation. Aviation accidents occur due to a number of factors, such as pilot errors, equipment failure, faulty design or structure, violations of the Federal Aviation Administration regulations, and negligence (on the part of the flight service crew, air traffic controllers, or a third party’s selection of a carrier.) Depending on who or what caused the accident, the defendant in your personal injury party can vary. Because aviation law is complex and can potentially involve state, federal, and even international laws, consider hiring a Houston personal injury lawyer when thinking of going to court. Several laws can come into play that would affect your claim, and self-representation may not be enough to win the case.

Air travel and investigation are monitored and regulated by two federal agencies: the Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB) and these two federal agencies’ rules and regulation will also affect the personal injury claim. Although claims may differ in a case-to-case basis, personal injury claims generally are based on negligence, product liability, or both. The damages will depend on what each jurisdiction would allow to award, and caps or limits on the amount of compensation can also be implemented. A number of factors would come into play that would affect the outcome of a personal injury claim after an aviation accident: the defendants, venues, the airplane engineering, industry standards, and rules and regulations implemented by the federal government. In order to have a strong case after being injured in an aviation accident, consider hiring an aviation accident lawyer.

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Returning to Work after an Injury


Posted By on Dec 2, 2014

In order to return to your previous job after being injured in an accident, you may have to be asked to take a functional capacity evaluation or FCE. This is a set of tests, observations, and practices that would used to help determine objectively your capacity to function in a number of circumstances; it is generally used for employment purposes. In purposes of employment, the FCE is vital in evaluating your capacity to work and would be one of the bases for possible reassignment, rehabilitation or other options that the company may decide on.

According to the functional capacity evaluators at WorkSTEPS, FEC does not only measure your physical capacity. Present FEC exams also often include mental and psychological examinations as well. It will help establish whether you are ready to return to the same type of job you had, or you will require reassignment or further rehabilitation. It will also be useful in determining the possible goals for rehabilitation or readiness for discharge planning, the possibility of safely returning to work, possibility of worker’s compensation benefit settlement, and check the ability to perform the demands of the job, among other things.

Many companies often asked for an FEC from their workers before they are permitted to return to work, and many insurance companies will withhold benefits until after an FEC result has been provided. Because FEC can be used to determine a worker’s eligibility for disability insurance or pension, you should be aware that physicians can be influenced by FCEs and can change their diagnoses.

As for veterans’ disability benefits, aside from the requirement of service and active duty, medical evidence that would relate the injury/disease to the disability is necessary. Many veterans’ disability benefits have been wrongly denied because of such technicalities and lack of evidence, therefore it would be better to consult with Chicago veterans’ disability lawyers who could help gather evidence and know the legal process of claiming veterans’ disability benefits.

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Workplace discrimination is one of the problems that many people in the United States are dealing with, which can be surprising seeing that the country is a very diverse country. Many minorities still suffer from discrimination in the workplaces, and despite laws protecting employees, the problem still exists. In order to protect employee rights, the employment discrimination law has been made and is implemented to provide equal opportunities for every worker and to protect their rights in the workplace.

The Civil Rights Act of 1964, Title VII is the foundation of employment discrimination law. This law covers discrimination against age, gender, race, color, or national origin, and other subsequent classifications. One such classification is the gender orientation or gender identity. Those in the LGBT (lesbian, gay, bisexual, and transgender) community are protected by the workplace from any type of discrimination, and already several (but not all) companies and states have policies and laws protecting the LGBT from discrimination. According to the website of Cary Kane, even though there are state and company policies that prevent sexual orientation and gender identity discrimination in the workplace, protections are limited in the national level and presently there are no federal law that consistently covers for LBGT rights in the workplace.

In order to push for equal rights for the LGBT community, the Employment Non-discrimination Act or ENDA is being pushed in order to grant all Americans basic employment protections against discrimination due to unreasonable prejudice. It would provide protection against preferential treatment and quotas. It will not also allow distinct impact suits, and exempts small businesses, the military, and religious organizations.

The ENDA was introduced in the 113th Congress in the House of Representatives in April of 2013, and was approved by the senate in November, 2013. Presently, there is a further appeal to the US President encouraging him to enact the protections that ENDA gives through an executive order.

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Dram Shop Liability Laws


Posted By on Nov 28, 2014

A person who has been injured after a drunk driving accident has the legal right to file a personal injury claim against the drunk driver. However, there are other people that can be held liable for the accident, namely the person or establishment that served the alcohol drinks to the intoxicated driver. There are cases where you (the victim) can make the bar owner responsible for the damages caused by their intoxicated patron after a car accident.

According to the website of the Sampson Law Firm, the Dram Shop Law is a law practiced in 38 states of the US which makes a business, establishment, or host who serves alcohol to a patron or customer who is already intoxicated or almost intoxicated liable for any damages that the intoxicated person caused. There are two ways that the dram shop law can be used. First party dram shop cases are those where the plaintiff is the intoxicated driver who was served alcoholic drinks. This type of dram shop claim can be very difficult to prove in court, as juries tend to believe that people should be responsible for their actions. Many states are already barring first-party dram shop claims, and only one exception can be taken: if the establishment or bar served alcohol who was then involved in an accident, they can be held liable for the damages.

Third party dram shop claims are cases where the injured party (of the drunk driver) is the one who filed a claim against the bar or establishment. This may be a more successful claim, and just as with any personal injury claim it is important to prove that the negligence of the bar or establishment has led to the reckless behavior of the driver and to the resulting accident. On its website, the injury law firm Ritter & Associates states that dram shop laws define three essential factors, namely: the legal principle that plaintiffs are required to meet, the essential evidence in the dram shop case, and the cap for damages in dram shop claims.

Since each state can have their own laws regarding drunk driving and dram shop laws, it is important to talk with your lawyer regarding notice requirements and statutes of limitations regarding your case. It is typically 60 days after the accident to send a formal written notice to the bar or establishment owner if you are planning to file a claim. Consult with your lawyer regarding state laws that can possibly affect your case.

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Divorcing an Abusive Spouse


Posted By on Nov 27, 2014

Domestic violence has a significant impact on family law, and has been grounds for many divorce and child custody claims. It is the courts’ duty to protect the abused spouse or partner and their children from further dangers. Domestic violence is defined as the abuse of one partner against another, whether it is physical, emotional, psychological, or financial abuse. Although it often results to the abused partner to file for divorce, domestic violence can also be triggered by the divorce. If you are victim of domestic violence and are in the process of divorce to get child custody, there are some things that you can do help you make a smoother transition.

If you are in the process of divorcing and are still living with the abusive partner, make sure to record complete records of any abuse: take note of the date, time, place, and type of abuse, and the injuries that you and your children suffered along with the description of the event. These records can be presented as evidence in court and to the judge to help protect you and your children from the abuse of your partner. Next thing is to plan ahead when moving out. Save some money (preferable outside of your house) and find shelter with someone that your abusive partner will not have immediate access to. Securing a safety net when you have decided to move out is vital for you and your children’s safety, especially since this is the most dangerous time during the whole process.

In emergency cases where you and your children have to leave home immediately, it is vital to go to court to get an emergency protective order. According to the website of the Law Offices of Daniel Jensen, P.C., this would help you win custody of the children and would prevent your abusive partner to come close to you. The protective order is part of the custody, and you may be charged with kidnapping if you do not have it. Also, understand that this emergency protective order is temporary, and that arranging child custody will be part of the divorce process.

It may be more challenging to go through divorce and child custody battles when domestic violence is involved. Hire a lawyer to help provide legal guidance and protection, as well as aid in the transition away from the abusive relationship. Find a trusted family lawyer who can provide the right choice for you and your kids safety and wellbeing.

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Facing DWI Charges


Posted By on Nov 26, 2014

Defendants who are facing criminal charges are always better off hiring a lawyer to help them protect their rights. Although it is possible for defendants to represent themselves in court, they can be putting their freedom in danger. Self-representation in court during criminal charges is different from what is written in the books and when practiced in court. Hiring a good lawyer will help you understand your rights in the different stages of the criminal process, they are essential in gaining a plea bargain, charge dismissal, or reduced jail sentence.

It is always a serious matter when you have been charged by a crime, regardless of whether it is a major or minor offense. A DWI felony charge can have a devastating and lasting effect to your life as a major criminal charge. Having an Austin DWI lawyer is vital in a number of ways, such as explain to you the nature of the charges and provide possible defenses, options for plea bargains that may be offered, and the possible situations that may arise after the trail or conviction is made.

According to the website of the Law Offices of Kyle Sampson, in cases of DWI charges, it is best to hire an in-state lawyer because they specialize in laws particular in that state. It would also be better to find a lawyer who concentrates on one particular type of case, someone who is willing to spend the necessary time to understand and learn more about your particular case and focus on your defense.

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