Manx Property

Caught in the Middle

Air traffic controllers have a very important role in ensuring the safety of incoming and outgoing flights. They have the tedious responsibility of protecting air travelers. They make split second decisions which could help prevent aviation accidents. A Tennessee accident attorney will tell you that a slight slip in judgment can have devastating results which translates to loss of human life. Here are some of the most common air traffic controller errors.

Even with the dawn of innovations in the aviation industry, studies have shown that the amount of error in air traffic control have increased drastically over the years. It is important for air traffic controllers to pay close attention to air traffic to prevent devastating accidents from happening. Even if the pilot is operating the plane with the highest degree of care and safety, air traffic controller errors can still lead to devastating accidents. Some examples of aviation accident errors include:

  • Allowing two airplanes to be on the runway simultaneously
  • Failure to clear a landing strip for an arriving plane
  • Allowing aircraft to take off into occupied airspace
  • Allowing an airplane to take off despite hazardous conditions
  • Failing to communicate clearly and correctly with pilots

When it comes to aviation accidents due to air traffic controller error, the family of the victims of the crash can file a lawsuit against the responsible parties. The investigation of the accident will not stop at just the airplane but will also look into the liability of other parties. It is important to pinpoint who was the responsible party in order to be able for the plaintiffs to recover damages and send the responsible parties to jail.

Air travel was deemed as one of the safest modes of transportation long ago. However, the rise in the number of aviation accidents has put in doubt such reputation of the industry. More so if the accident was due to an error by the very person charged with ensuring safety of air travel.

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Road rage is one of the top causes of car accidents. It is an intentionally dangerous driving act which includes sudden braking in front of another car, pulling up on another driver’s bumper, and others. In most instances, road rage happens when an angry driver is not able to control their emotions and turns their sights on the other driver. A recent study by AAA Foundation revealed that around 8 million drivers got involved in extreme road rage.

When anger takes over a driver, it causes him to make destructive choices one of which is getting out of their car and shooting or striking another driver to the extent that they get injured or get killed. As a result, the other driver is not the only victim but also their family. The website of Cazayoux Ewing Law Firm revealed that such actions can have serious and long lasting repercussions to the surviving family members of the victim.

When a driver commits road rage and the family of the deceased sues him, they could be charged with assault and battery. Both of these are intentional acts. Assault is defined as reasonable apprehension of an immediate battery. There is a threat from the other party to hit you or other acts that will place you in reasonable apprehension of being struck. Battery, on the other hand, is the harmful or offensive touching of another person without consent or privilege. If another driver strikes another without their consent, this is an example of harmful or offensive touching and will make them liable for battery.

Road rage is an example of aggressive driving. You were passed on the wrong side, cut off or hemmed in by another vehicle, and others. Such actions can lead to road rage. If that anger is not controlled and the angry driver turns on another driver, they could be liable for assault and battery. That driver could be civilly and criminally liable to the other driver.

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Regardless of breed, dogs can cause too much harm to people even their owners tend to believed that their pets are harmless. Depending on the severity, individuals who have been attacked by a dog should fairly get compensations for them to recover from dog bites.

Since the year 1980s, there was a sharp increase in dog bite incidents in the U.S., in fact statistics showed that approximately over 900 individuals everyday are being treated in hospitals due to dog bites. Families are often left devastated when their children were attacked by a neighbor’s dog. In some instances children succumbed to dog bite injuries as they are unable to protect themselves from vicious dogs. Dog attack victims initially want to find out who is the owner of the dog that bit them as pet owners or holders are the immediate liable parties when there is an attack. While dog bite law varies in different states, dog bite laws in South Carolina according to Clawson & Staubes, LLC: Injury Group lawyers favors dog bite victims. A dog owner or handler can be held liable after an attack even he or she was unable to determine the viciousness of the pet. Bodily injuries like punctures lacerations, fractures, and infections are common after a dog attack and treating such injuries are often expensive depending on the severity.

Aside from hospital expenses, dog bite victims also need compensations if they suffer loss of income while recovering. Hospital expenses tend to become higher if a child’s face is seriously injured by a rabid dog. Children’s face are at high risk of being disfigured mostly if the dog that attacked them refused to stop from biting their face.

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Various Forms Brain Injuries Can Take

Posted By on Oct 23, 2015

The birth injuries that are most common are the Erb’s palsy and the palsy. These affect the top of and lower brachial plexus, that will be aw chain of nerves accountable for delivering signs for the nerves within the shoulders, forearms and hands from your spine. According to the website of the Driscoll Firm, incidents often arise where the baby’s shoulders are disturbed which results to these nerves being extended or ripped once the delivery of the baby is pushed a lot of – sometimes applying forceps or machine extraction –. They frequently reveal as a limp or paralyzed arms, insufficient sensation in the hand or arm, or insufficient control within the muscles of the arm, hand or wrist. Erb’s palsy (Erb’s-Duchene palsy) happens towards the upper brachial plexus, whilst the Klumpke’s palsy (Dejerine-Klumpke’s palsy) happens in the lower brachial plexus.

You’ll find four standard types of brachial plexus injuries, from your mild for the severe. The very first one is the stretch or the neuropraxia, the most common form of brachial plexus injury, where there’s nerve damage nonetheless they are not torn. Next may be the neuroma wherever ripped nerves have relieved however the injured nerves are hindered by the scar tissue and stops it from getting or giving impulses. The third variety will be the break that happens once the nerves that are torn occur but isn’t in the spine. Most extreme and the last will be the avulsion, wherever the nerves are ripped from the attachment.

Some minor instances of brachial plexus injuries can cure within three to four months through bodily remedy or occasionally surgery. The forecast depends on the site where the harm occurred and also the kind of injury that happened. Significant instances need immediate surgery to reconnect the extended or damaged nerves, normally the recovery might impossible. It is crucial that you address the harm quickly so that you can restore control and activity and avoid further troubles in the foreseeable future.

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Congenital Scoliosis and Depakote

Posted By on Jun 13, 2015

There are many developmental abnormalities associated with Depakote (valproate sodium) because it was widely used by pregnant mothers to control epileptic seizures and migraine headaches before it became widely known that valproic acid is a teratogenic (interferes with fetal development) agent. One of these may well be congenital scoliosis.

Adults can develop scoliosis because of their lifestyle or genetics. Babies born with congenital scoliosis had no chance to prevent it because it is a deformity of the spine due to the improper formation of the vertebra. The formation of the vertebra occurs in the first trimester of pregnancy, and the cause is unknown. There does not seem to be a genetic reason for it. Congenital scoliosis may become apparent immediately or within the first two years, but for some children it may manifest when they enter their adolescence.

There are different types of congenital abnormalities of the spine, depending on the location and part of the vertebra affected. Scoliosis usually affects the whole spine or several vertebra. The most common kind of scoliosis (the spine curves to the right or left) is when one half of the spine develops, but not the other half. This is called hemivertebra. Another type of scoliosis when three or four vertebra is fused together. In either case, it affects the natural elongation of the spine upward. This can lead to mobility problems, and puts pressure on other body structures such as the joints and tendons as they compensate for the lopsidedness of the spine. According to the website of Williams Kherkher, the long-term effects of these abnormalities are far-reaching, affecting not only the child’s physical health, but also social, emotional, and psychological development.

The link between congenital scoliosis and Depakote is indicated rather than definite. However, researchers believe that interrupting the development of the fetal on the cellular level is one of the factors for structural defects such as congenital scoliosis. It would be reasonable to suspect that Depakote may be a contributing factor. If you believe that the teratogenic effects of Depakote may have adversely affected you or your child, you could consider bringing your suspicions to a Depakote lawyer.

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The Toxic Substances Control Act lists polychlorinated biphenyls or PCBs among several other chemical substances that require strict regulation. Despite their wide use between the 1920s until the late 1970s, Monsanto BCPs have been found to have dangerous effects to human health and the environment. One particular consequence of PCB exposure is the damage it can cause to the reproductive system.

According to the International Programme on Chemical Safety, various scientific studies have found that PCBs cause significant effects on the fertility of women who have consumed contaminated fish. A specific study on a small population of New York women showed a significant decrease in conception for those who regularly ingested fish that have been caught in a local water source known to have been contaminated with PCBs. For men, the effect of PCB exposure resulted in a lower sperm count.

There are other reproductive effects caused by PCB exposure aside from issues with fertility that has been pointed out in the studies cited. PCBs can also have significant detrimental effects during a woman’s pregnancy. In particular, PCB exposure can result in complications with the growth and development of a fetus. The International Programme on Chemical Safety also cited a study where researchers observed women who consumed fish contaminated with PCB from Lake Michigan. After a 6-year period observation, the researchers found that PCB exposure can lead to shorter pregnancies, as well as lower birth weights and smaller head circumferences for the babies.

Aside from reproductive complications, prolonged PCB exposure can also cause significant effects on other vital human systems. In particular, PCBs can cause notable medical conditions to the immune, nervous, and endocrine systems. The Environmental Protection Agency also classifies PCBs as a probable human carcinogen. PCB exposure can also lead to other detrimental health conditions such as liver damage, high blood pressure, and increased serum levels.

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Knowing who owns the mineral rights in your land is very important especially if the land is producing profit. Mineral rights can be divided into two: mineral rights and surface rights. It is therefore vital for the landowner to determine who owns the mineral rights because it is the he or she who will get the profit from the minerals harvested from the land, and unless the owner wants to sell mineral rights to other people, they will still be the person whom the oil and gas companies will seek in order to sign the oil and gas lease.

It is fairly easy to determine who owns the mineral rights and who owns the mineral rights in a patch of land: you can start by going to your county clerk’s office which offers free information, or you can consult with a private abstract office for a certain amount of fee. They will help determine where your land is located as well as all the necessary information regarding all the land records filed that is connected to your property. The “chain of title” lists the records of the ownership of the mineral rights through the years and should include all the conveyances that could affect the property, such as tax sales, mortgages, divorce settlements, liens, and many more.

The mineral rights owner or the landowner should know or at least have an idea which of the records shows the transfer of ownership of the mineral rights and which transactions transfer only certain rights. It is very unlikely that all the minerals under the land you own has been owned by one party or has always been owned by the same party, especially since the rights can be split off. Because it is very difficult to keep track of the “chain of titles”, attorneys, landmen, and other professionals are paid in big amounts to research and prepare mineral ownerships and title opinions. If you are unable to understand the title conveyances on a professional level, it is advised to hire people who could do the research in order to have an accurate document.

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The Help You Need, The Help You Deserve

Posted By on Feb 16, 2015

One of the most devastating news to receive is to be suddenly given the diagnosis that you have cancer. Highly regarded as one of the most life threatening diseases one could have, the effects it can have on your life and the lives of your family could be incontrovertible. Treatment of cancer is also known to be extremely expensive and the medical procedures that it demands are complicated. It is one of the worst situations to be in – which is why it is of the utmost importance to pursue legal action if it can be determined that your illness was caused by a secondary party.

An example of a similar case where you might be eligible to hold another party as accountable for your illness is if it can be proven that your present condition was caused by a defective pharmaceutical, i.e. Actos and bladder cancer. According to information taken from the website of Williams Kherkher, many have regarded Actos to be a safer option to Avandia, both popular drugs used to treat Type 2 diabetes, the most common type of diabetes found in the United States. As this kind of diabetes can happen to anyone – though some parties might be at more risk than most – it is imperative that the medication used to treat it is safe and promises no such devastating side effects that merit additional medical procedures and expenses like that of cancer. That is why it can merit legal action as the damage sustained due to taking the drug is far more severe than the disease it was intended to relieve.

If you or someone you know has been diagnosed with bladder cancer and believe it to have been caused by the intake of Actos, the victim will need to acquire legal aid with both the technical expertise in a court of law as well as sufficient, efficient knowledge of the medical procedures and knowhow involved in order to properly represent the plaintiff in a court of law. The right kind of representation can gain due compensation and only the best kind of help – which is the one you so rightly deserve.

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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 Habush Habush & Rottier S.C.®, 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 a San Antonio Social Security lawyer who could help gather evidence and is familiar with the legal process of claiming veterans’ disability benefits. Remember, this process is specific to veterans who have become disabled as a result of their military service and is not available to non-veterans.

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