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Law Firms

What You Should Know About a Claim of Negligence

In our society, people have a duty to behave in a way that does inflict physical or emotional harm upon others. If you have suffered as the result of another person’s negligence, you may be entitled to compensation. Compensation is usually in the form of a payment.
Some of the most common claims of negligence include a vehicle accident, work accident, slip and fall, defective product, and medical incompetence, including dentistry.
People have a legal duty of care not to act recklessly to others. Duty of care can be considered a social contract held by individuals towards others within society. It is the first factor that must be established to proceed with a claim of negligence. The plaintiff must be able to prove that the defendant breached a duty of care which resulted in significant damage either physically or psychologically. .
A claim of negligence can also result in receiving special damage compensation. You may be entitled to receive all losses associated with the injury. This includes: loss of wages, property damage such as a vehicle accident, costs for rehabilitation, medical costs, and, added expenses resulting from the injury such as car rental expenses, and pain and suffering.
To make a claim you have to prove that you suffered a loss as the result of someone’s negligence. Some examples include:
– Another driver was speeding and crashed into your car
– A doctor administered the wrong medication.
– A company allowed a contaminated product to be sold
– Severe injuries resulting from a dog attack
– An injury resulting from an unsafe working condition.
Once a duty of care negligence exists, the plaintiff must show that the defendant breached it. Breach involves proving that the defendant’s actions resulted in breach of standard care. This can vary because most professions have different standards of care. For instance, a physician’s standard of care is different from a lawyer’s standard of care. The breach is proven when the plaintiff shows that the defendant’s actions fell below a reasonable standard of care and directly caused the injury. If a defendant can prove that every precaution was taken, but the injury still occurred and would have likely occurred, then the plaintiff will not prove negligence.
If you think you have suffered an injury as the result of negligence, you may be able to make a negligence claim in civil court. Because negligence claims are very complicated, it is important to seek legal advice before proceeding. There are personal injury lawyers that specialize in specific areas of negligence. It is important to consult a lawyer who specializes in the area of your particular injury. For instance, a brain injury lawyer will have expertise in traumas associated with the brain. They will have a list of medical experts who specialize in brain conditions. Because states vary regarding the time limits to make a claim of negligence, it is important to consult with a lawyer as soon as possible. Ask your lawyer to review your claim to see if negligence has occurred. A personal injury lawyer will be able to tell you if you have a valid negligence claim. It is a good idea to consult with a couple of lawyers to make sure that you are receiving an accurate claim assessment.
Suffering an injury can be a traumatic time for victims and their families. If you feel you have a claim of negligence, you may be entitled to compensation. A personal injury lawyer will fight on your behalf and free you of the stress associated with a civil court case. You will be able to focus your attention on recovery.It appears that your web host has disabled all functions for handling remote pages and as a result the BackLinks software will not function on your web page. Please contact your web host for more information.…

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General Article

To Profile Or Not to Profile – This Appears to Be the Question

To Profile Or Not to Profile – This Appears to Be the Question

We study criminology almost to the point of exhaustion, and we came up with some pretty interesting statistics; statistics that are indeed so relevant that they almost cannot be denied. Profiling is nothing new, we know an awful lot about the subject, still, when we mention the word many of us cringe. Why?

Well, for instance, the question brought forth in the popular movie Minority Report tells us why, a story that has a future setting where people are arrested prior to their crimes and there is a pre-crime division that goes out to get them, just before the act. This topic both fascinates us and scares us, and the nature of probability and predictability is far to upsetting for most people to wish to discuss.

Not long ago, I met a gentleman with a huge “probation” case load of 125, that’s six clients (convicted criminals) a day if you see each one once per month and thus, it must be tough to really make an impact, especially “high-risk” criminals, gang members and such? He indicated that they focused on the highest risk repeat offenders, which makes sense, of course, that does involve profiling.

Yes, we do profiling; we almost have to in order to get all the police, corrections, and criminal justice done efficiently in our nation. In fact, I was sitting at the Quantico, VA Starbucks and had this conversation once with someone there; he was going for his finals for the FBI criminal corruption division. Profiling helps them catch criminals pure and simple.

The issue in society becomes; what do authorities say to someone who asks them about “risk levels” and then likens it to “The Minority Report” I mean, how do you side step or straddle the issue, and still maintain the rule of law; as in we are all suppose to be equal under it? Currently, I am reading; “Mind Hunter – Inside the FBI’s Elite Serial Crime Unit” by John Douglas and Mark Olshaker; and you’d be amazed at how well they are able to profile and catch criminals.

Currently, this whole issue of pre-crime, rule of law, and preventing future crimes is in the news at a whole new level of discussion, even changing public policy as we speak, and this is a hot topic right now, for instance:

Profiling is necessary and what we train our computers to do, we often deny our policing agencies to do, many believe to our own peril. Yet, we do profile in many places, for instance probationary work in our society, and it seems these departments has no choice but to deal with what they consider “high risk levels” of repeat offenders just to handle the case loads. Unfortunately, as much sense as this makes, it also runs somewhat contrary to some of the academic legal thinking on the topic? See the problem?…

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Getting A Personal Injury Lawyer

Accidents are unavoidable 100% of the time. When they happen, they may result in personal harm. If they do, then there may be cause to hire a personal injury lawyer. It will all depend on the specific circumstances of each case. However, whether you have been injured or are being accused of causing harm, an attorney will need to be contacted in most cases.
The law allows for victims of accidents to be compensated in certain instances. If a person has negligently caused harm to another, then there may be a case. Determining whether there is a case or not is something a personal injury lawyer is trained to do. Consulting with one regarding your case is the best way to evaluate your situation and consider your options.
Generally, a victim who successfully brings a suit against a defendant can seek compensation for medical bills, loss of wages, loss of future earnings and pain and suffering. Property damage caused alongside of the injury can also be claimed. In some cases, victims may seek punitive damages, which are monetary punishments against defendants who acted intentionally or willfully.
If you have been served and must defend against a lawsuit, you will need an attorney to prevent you from paying large monetary judgments. It will be the job of the plaintiff’s lawyer to get s much money from you as legally possible. You need another legal expert to defend your case. Successful outcomes may include settlements or all out dismissal of the complaint against you.
Swift Action
The law requires that all law suits be brought as soon after the injury as possible. To enforce this, statutes of limitations exist. They are time limits on when a case must be brought. Once the limit has passed, a person loses the claim.
Experience and Background
Whatever your situation, you will want to find an attorney that has experience in cases that are like your. It is not enough that your find an attorney or even a personal injury attorney. The best attorney to help you will be the one with a successful track record in defending or prosecuting cases that match yours.
Also, your choice should have a reputation of ethical and courteous behavior. You want to work with a professional who is respected and knows how to respect you and your circumstances. This means they are known as caring and discreet when handling your case as if it were their own.
The cost of an attorney’s services are relative to the quality the service he or she may give. Although it is important to consider the bottom line of hiring a lawyer, the most essential factor when deciding which personal injury lawyer to choose is their experience and track record.
If you have been harmed in an accident or in any other fashion or if you are being accused of such, contact a personal injury lawyer. They are experts in the law and will know what exactly to do with your case. Remember, when the law is involved, the longer you wait, the more harm it may cause your case.…

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Family Law Attorney

Are You The Victim of Creosote Exposure?

Creosote is a type of wood preservative that is commonly used to treat a variety of wood products including items such as outdoor fencing materials, telephone poles, and railroad ties. The substance is used to help prevent wood from rotting and becoming structurally weak when exposed to the elements. Some workers are forced to be exposed to creosote a great deal because of their occupation. These workers include railroad employees, chimney sweeps, dock workers, utility workers, and boat builders. The most commonly used form of creosote is a product called coal tar creosote. This is produced from coal that has been treated a very high temperatures.
Because creosote is considered to be highly toxic, the Environmental Protection Agency (EPA) has placed strict regulations on its handling and use. What’s more, the EPA has classified the substance as a restricted use pesticide and can only be handled by licensed pesticide applicators in a commercial, outdoor, or industrial setting. The product cannot be used in any circumstance on the interior of residences.
The EPA has taken this issue one step further and has classified creosote as a hazardous waste because it is derived from coal tar, and is comprised of more than three hundred chemicals. People who handle it in any form are at risk for it entering their bloodstream by means of their skin. Creosote can also enter the body by ingestion, such as is the case when groundwater becomes contaminated.
Hazardous waste sites are often the most common source of creosote, coal tar pitch, and coal tar contamination. People who work in an industry where wood preserving takes place are the most at risk for exposure to this compound. Those who reside in areas that were formerly used as sites for preserving wood may face exposure to creosote if the site was not properly cleaned up. Creosote most commonly enters the body through the skin when it is found in the soil. Children can also ingest the material if they do not wash their hands and place them in their mouths after handling soil or wood that has been in contact with creosote. That being said, creosote most often enters the body of those in the wood preserving profession by means of the lungs.
Workers in industries that produce coke, those who work as asphalt workers, and tire, aluminum, steel, or iron factor workers are all at a great risk of exposure to creosote containing products. These people breathe in the vapors and may also be in direct skin contact with solutions, wood that has been freshly treated, mixtures containing the compound, and various other harmful materials. Those who work with wood that has been treated with creosote such as building railroad tracks, fences, installing telephone poles, or building bridges may also be prone to exposure. Inspectors or maintenance workers in these industries are also at risk for creosote exposure.
Coal tar products such as creosotes can enter the body through the skin, lungs, intestines, and stomach. The exact amount that enters the body can vary depending on the amount of contact, such as through skin, water, food, or air, and how much of the compound is present, and how long exposure lasted.
Exposure to creosote or any of the coal tar or coal tar pitch products can lead to minor or serious health issues. Consuming food or water that has been contaminated with a lot of the compound can cause the mouth and throat to burn, and cause stomach pain. Ingesting herbal treatments that contain creosote bush leaves can cause damage to the kidneys or liver. Workers who have reported being poisoned with creosote, as well as people who have either intentionally or accidentally eaten coal tar creosote have found that brief exposure to large quantities can cause skin irritations or rashes, convulsions, kidney and liver problems, mental confusion, loss of consciousness, chemical burns to the eyes, and even death.
People who have been exposed to creosote vapors for a long period of time often report irritation to the respiratory tract. Cancer of the scrotum, as well as skin cancer have also been reported from long term exposure to low levels of creosote or creosote mixtures, especially when coming into direct contact with the skin during treatment processes for wood, to make the wood treatment products, or in natural gas or coke factories. Prolonged exposure to the skin with creosote or soot has been linked to cancer of the scrotum in chimney cleaning professionals.
The International Agency for Research on Cancer (IARC) has categorized coal tar as a carcinogenic substance for humans, and creosote has been classified as a probably carcinogenic substance for humans. The EPA has also classified coal tar creosote as a probable carcinogenic substance for humans.
There are currently no medical tests that can determine if …

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Family Law Attorney

Are You Looking For Foreclosed Homes?

Most investors are rummaging through city MLS listing and websites that offer information on foreclosure properties for sale; after all, with the economy still dwindling; this is one of the most favorable investment options. There are just about a million sites which offer foreclosure listings; however, it is recommended that you choose a reputable establishment so that you can be sure about the reliability of the information. You can also go to Homesales which is a government website that has listings of homes put up for sale b the federal government. The website is very user friendly and you will find that it features an attractive map of the United States that can be used to look foe homes in various states and cities. Also, you will get detailed information about the properties for sale, including an account of the number of bedrooms and bathrooms.
If you like a property, click on it and you will arrive at a page that has additional information about it such a the address, type (residential or single family home), county, As- is value of the property, list price, listing date, property details and the Bid period, if you want to get information about a possible pending contract on the property; look at the ‘bid period’ section of the property. The website also offers information on HOA, FHA compliance and fees.
If you look at the details section, you will be able to gather information on about the condition of the property from the complete Property Conditions Report that is offered on the sites; this report will contain information about the structural soundness, the plumbing and electrical system, the heating and air conditioning system and much more. Anybody can bid on an HUD foreclosure home; however, you will need to consult with an HUD registered agent and a HUD code attorney so that you can submit your offer for a HUD code home. HUD realtors have to go through a formal training program to be labeled as a HUD realtor; the same also holds true for a HUD code attorney, even though, a lawyer does not have to go through a certification process; he will need to have in-depth information about the HUD statutes and consumer right law. You will find that very often a HUD code attorney will also handle cases that deal with defective boats, recreational vehicles and of course trailers.
If you intend to buy a HUD code home; the US Department Of Housing And Development also offers counseling services on practically every aspect of the purchasing process; from information about buying a home to mortgages and other issues that may be encountered in the purchasing process all are discussed in depth. The services are offered to anybody interested in buying a home from the federal government. If you require information about counseling services, you can get in touch with HUD through their referral line at 800-569-4287 or you could visit their website.
Another good place to find foreclosed homes are the MLS services for each state; for instance Texas MLS; if you look for home ion the price range of $3,000 to $25,000; these are bound to be foreclosure properties. They are usually single family homes and if you look at the details of the properties, you will be ale to get information about the realtors for some of these listings and you can get in touch with them and ask them to send you information on foreclosure and HUD code foreclosure homes in your area. Another way is to simply enter your search phrase in Google, and you should see at least a few dozen websites that offer information about foreclosure homes in almost every state in the country.
Finally, you need to understand that buying a HUD code foreclosure home will be very different from purchasing a regular foreclosure property; simple because HUD gives priority to buyers who intend to use the home while investors are usually pushed at the end of the line. Only if a bid is not accepted from a buyer who intends to live in the house, will bids be accepted from investors.…

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Learn About Your Civil Rights

When you need help, a civil rights attorney in Philadelphia will take care of your litigation needs. These rights are all about you and your legal rights whether your dispute involves education, housing, employment or lending. If you feel you have been discriminated against because of your gender, race, sexual orientation, age, religion or even a disability, your Philadelphia attorney will go to battle on your behalf.
Did you know there is a difference between civil liberties and civil rights? The Bill of Rights and the Constitution guarantee the right to certain freedoms which are broad-based kinds of rights and these are civil liberties. For instance, you’re right to vote, to marry, your right to privacy and freedom of speech to name a few. Civil rights are about the individual being treated as an equal among others.
Civil rights originate from laws that are regulated at the federal level of government either through decisions of the federal court or federal legislation. Civil rights also originate from states that pass their own laws involving civil rights. These are for the most part very similar to the federal level laws and even counties and cities can develop ordinances and laws related to these rights.
Philadelphia lawyers have a great deal of cases which involve people who have been discriminated due to their sexual orientation. This means that gay, lesbian, and bisexual people have been treated unfairly simply because of their sexual preference. There is currently a bill that many people are showing support for that, if passed into legislation, will make it illegal for people to publicly or privately discriminate against people because of their sexual orientation.
The right to be treated equally had a huge history with the African-American community seeing fair treatment in all aspects of society. Today the Philadelphia attorney is an outreach coordinator of Equality Advocates in basic fairness. If you feel you are suffering a violation of your civil rights, do not hesitate to contact your attorney and take advantage of their experience in protecting you and your rights in what are usually complicated and sensitive issues. It is not necessary to suffer in silence. Every individual has rights and these rights should be upheld.…

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Civil Law

Understanding Criminal Charges and the Benefit of Hiring a Defense Lawyer

Los Angeles defense lawyers are called upon when a prospective client is being charged with a case in which they must make a defense for. The can be either a civil or criminal case, but you will find that many lawyers specialize in one or the other.
The need for legal assistance is not an uncommon situation in Los Angeles, as large cities simply have more people, thus a higher chance for crimes or claims will occur. Legal offenses occur in many forms and can vary on the scale of severity, such as traffic offenses, theft, and murder. The ultimate goal of a Los Angeles attorney is to make sure that their client’s story is heard and to obtain the best outcome possible, preferably in the form of an acquittal, or discharge.
The defense lawyer is an important part of the legal process. Along with the judge, the prosecuting attorney, and jury, the defense lawyer ensures that all sides are presented. The many nuances and intricacies of the California penal code and Los Angeles municipal code require the assistance of a competent advocate. It is the Los Angeles defense attorney understands and navigation through the local courts that improves the client’s chances.
When a criminal charge is brought against a person, it will eventually end up in a court trial. The phrase “innocent until proven guilty” is put into action full-force when it comes to a trial, as it is the prosecuting attorney’s job to try to prove a defendant is guilty by providing evidence of such. It is not uncommon for cases to be dropped due to lack of evidence. A defense lawyer will be able to help you mount a good resistance against a prosecuting attorney’s accusations.
When searching for a Los Angeles defense lawyer, you will want to make sure that you do a background check on any possible attorneys to make sure they are qualified to handle your case. It is advised that you attend a consultation with many different lawyers and ask plenty of questions so that you may discern which would be best for you. If you are afraid that your case might be particularly difficult, you might want to seek a specialty firm that deals with cases similar to yours. If you’re lucky, you might be able to hire a defense attorney who has also done work as a prosecutor, in which case he/she will have a good understanding of what you are to face from the prosecuting party and plan the defense accordingly.…