Archive for the ‘Constitutional Law’ Category

Offshore Oil Rig Injury Lawsuits Grab Lawmaker Attention

Sunday, June 13th, 2010

Offshore oil rig injury lawsuits are catching the attention of lawmakers in Washington. The Jones Act was put in place to protect those who risk their lives in the treacherous waters of the oceans and waterways around the world. The rules of the Jones act are complicated and carry restrictions, and thus there are ample companies who feel they are exempt from the obligations of the Jones Act.

Some companies are in purposeful violation of this safe guard, relying on being just under the limit of American sailors or other restriction which make them exempt from the requirements and obligations. Of course, lawmakers can do nothing to enforce a law that they initially wrote with such exemptions.

However, the law is fluid, and offshore oil rig injury lawyers are making large gains on behalf of the average worker to ensure that they are receiving proper benefits under these laws. Any good offshore oil rig injury lawyer will be able to explain how the restriction may affect a personal case, but the basics of the law are clear. Accidents and injury on the offshore oil rigs are almost unavoidable, and when they happen they can be very dramatic. Almost every accident should have a lawyer to review the case and to ensure that obligations of the company are being met.

These types of cases are very personal to those who are injured. A life of service to any company that is willing to put someone through test after test and doctor after doctor to verify that they are even telling the truth to begin with is insulting. Having to fight a lawsuit just to get the basic medical needs met is highly insulting.

Lawmakers are concerned with the validation of the workers’ rights while offshore oil rig injury lawyers are concerned with their rights as well as their overall wellbeing. Just like workers’ compensation claims, there will always be one or two bad eggs who fabricate injury for some “free” pay, but the majority should not have to suffer because of this small and unworthy percentage.

Rather, attorneys are finding more and more companies claiming that they do not fall under the Jones Act requirements when in reality they do. If the worker never inquires with an attorney, the likelihood of them ever realizing the scope of their rights is marginal. Lawmakers are aware of this as well and are passing tighter laws for companies who claim to be outside the scope of the Jones Act.

These types of lawsuits take about a year to complete after filing. When you’re talking about the quality of someone’s life and their health, this is a long time for their world to be left in limbo. For an offshore oil rig injury lawyer to be able to pull together a viable lawsuit in less than a year would be a serious achievement, yet they do understand that while these issues are tied up in court there is an injured worker who likely isn’t getting any better and who isn’t financially surviving.

This makes cases a test of endurance for some clients. With no other alternative but to wait it out and try to accomplish the task of recovery, many clients find themselves frustrated, and rightfully angered by the process itself. It takes an exceptional attorney to be able to understand the unique needs of every client and to be able to perform the appropriate services for each client on an individual basis. Lawsuits are unique to each client, and no two fall under identical parameters.

Many offshore oil rig injury cases could be avoided if clients simply knew their rights and expressed their knowledge of their rights at the time of injury. However, the laws regarding the Jones Act are complex and without complete understanding of the laws, injured workers find that understanding these laws without professional interpretation is very difficult.

At the same time, lawmakers are continuously scrutinizing the laws and determining how to best serve the needs of both parties. As long as companies continue to deny their injured workers their basic rights, these types of lawsuits will continue to be fought and won in court rooms across America. Until these battles are won, injured workers have issues to cope with that will forever be unfair and undeserving.

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on cases involving maritime injury, maritime contracts, and the Jones Act Law. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

Seat Belt Use and Traumatic Brain Injury

Wednesday, June 9th, 2010

Because traumatic brain injuries cannot be cured in the traditional sense, preventive measures are the best weapons against them. And because the number-one cause of traumatic brain injuries among Americans who are less than 75 years old is auto accidents, one of the best ways to prevent a traumatic brain injury is to always use a seat belt. Seat belts have consistently been shown to dramatically reduce deaths and injuries in auto accidents.

The National Highway Traffic Safety Administration reports that of those who were involved in fatal crashes in 2001, 73 percent who were wearing seat belts and 44 percent who were not wearing seat belts survived. And one 1997 study of traumatic brain injury patients in 14 states showed that 46 percent of the patients whose injuries were caused by motor vehicle crashes were not wearing seat belts

Why Wear A Seat Belt?

In the United States, only one state, New Hampshire, does not require adults to wear a seat belt. Many other states make exceptions to their seat belt requirements for children under a certain age, or for those sitting in the back seat of the car. While some Americans believe that using seat belts can actually increase a driver or passenger’s risk of traumatic brain injury, because the head is not restrained with the body, there is no evidence to support this theory and some evidence against it.

Similarly, some argue that seat belts make users less safe by trapping them in the car in case of an accident, rather than allowing them to be thrown clear. However, the NHTSA notes that in 2001, 75 percent of those who were completely ejected from a car during an accident were killed. One percent of those were using a seat belt.

Seat Belt Use and Costs of Traumatic Brain Injury

Not only can declining to use a seat belt increase the severity of an injury, but it also drives up the cost of treating that injury. In a six-year study, the government of Maine found that those who did not use a seat belt had longer hospital stays and higher bills than those who did use a seat belt. During that period, the study reported, 850 hospitalizations, with a cost of $17 million, could have been avoided altogether if the patient had been wearing a seat belt.

Unbelted victims were more than twice as likely to be hospitalized or die from a head injury. And the crash victims who were ejected from their vehicles were 41 times more likely to sustain a serious or fatal brain injury than those who were not.

Proper Use of Seat Belts Can Reduce Risk of TBI

While seat belts can help prevent a traumatic brain injury, their effectiveness decreases when they are not used properly. Seat belts must be tightened to fit the individual using them. Two or more people cannot safely use the same seat belt. If the seat belt is old or frayed, it is not safe and should be replaced. And adults should ensure that children who are under 4’9″ and about 80 pounds use the special equipment they need to be safe.

Infants and children under 40 pounds need a properly sized, properly belted car seat; older children should use a booster seat until they are big enough to use adult-sized lap and shoulder belts. There is also mounting evidence that children shorter than 4’9″ should not ride in the front seat at all, due to the risk of injury from passenger-side air bags.

If you have suffered a traumatic brain injury, you may wish to speak with an experienced TBI attorney. Your brain injury lawyer can help you assess your potential claim, access resources and even gain compensation for your injuries and the costs of future medical care.

LegalView.com is your source for everything legal on the web. Visitors to LegalView.com will be able to browse a collection of resources including help to find a construction accident lawyer, a mesothelioma attorney, and more. You can also get help to find a brain injury lawyer.

Determining When the Jones Act Applies

Monday, June 7th, 2010

The Jones Act is a vital piece of maritime law that incorporates nearly every maritime job in the United States. Of course, before running off to find the world’s best maritime injury lawyer, one should be sure that their injury at sea qualifies under the Jones Act.

Injury at sea can be incredibly dangerous and those who put their lives in harm’s way are likely to experience some sort of injury during a lifetime of service. Injuries covered under the Jones Act range from large to small, and of course, there are special addendums to cover accidental death at sea.

Under specific admiralty law, maritime injuries require covered under this special clause are to be deemed accidental in the case of a seaman of servitude. The term servitude covers a wide range of sea going occupations, including but not limited to merchant sea-persons, commercial fishing, shrimp boats, water taxi and ferry personnel, as well as divers, drivers, and all other underwater personnel. In the event that a sea-person of servitude does not receive the appropriate compensation for an injury obtained at sea, the natural course of action is to retain an appropriate maritime injury lawyer to determine the eligible status of the injury and its related circumstances.

The law is not as simple as most believe. It isn’t always a simple correlation between injury and lawsuit. Sometimes a person can get hurt, fault can be determined, and a maritime attorney can file the appropriate lawsuit. Other cases are much more complicated and there are circumstances where a maritime attorney can do nothing on behalf of the injured party. This is why it is vital that the appropriate maritime injury lawyer is sought out and consulted with.

In some cases, the Jones Act will apply to a sailing instructor and even a camp counselor at a sailing camp. Depending on various factors involved, sometimes the Jones Act doesn’t apply. While the maritime injury lawyers are quite busy keeping up with changes to existing law, lay people should refrain from making assumptions about what applies to them and what doesn’t. Sometimes, it is all simply a matter of circumstance. Without a consultation, it is nearly impossible to determine an injured party’s eligibility for protection under the Jones Act.

Admiralty law was designed to protect the merchants and the sea-persons who have continuously placed their lives at risk in servitude to their country’s defense. While this was originally an English inclusion (as it applies to the United States) admiralty law has grown to cover various aspect of a life at sea. The protection under the laws which were granted are in place to not only compliment existing laws regarding workplace safety and liability, but also to intercede and assist judgments and final rulings in cases that are in direct conflict with maritime law.

After all many maritime laws are not necessarily on equal footing with laws of the land. When these laws were originally concocted for the appropriate protections pertaining to seamen, many lived without setting foot on dry land for years on end, with no desire to ever become a land dweller.

While times have changed since the original English inception of maritime law, the laws haven’t always adhered to modern day interpretations of maritime life. This means that a maritime attorney is the only viable resource for determining the effects of the law pertaining to an injury at sea.

A maritime injury lawyer may be able to procure large settlements and award judgments for those who have sustained an injury at sea, while at the same time, depending on the language of the law and the circumstances surrounding the injury itself, a maritime injury lawyer may not be able to procure even the most nominal medical expense for the injured party.

Life at sea, whether it is an entire life, a whole life, or a season of a life, is vastly different from life on land. While there are numerous unmatchable beauties and thrills that coincide with a life at sea, there are also innumerable dangers. It can not be assumed that just because one has gone to sea regularly for the past thirty years without incident that their luck will hold out.

Even the best of vigilance, precaution, maintenance, and care can not always prevent the unforeseen and the unpredictability of the weather. Life at sea is for a very select few, and those select few understand the implications of entering life among the waves. After all, if they didn’t, they would simply stay ashore.

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on cases involving maritime injury, maritime contracts, and the Jones Act Law. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

choosing no win no fee solicitors

Wednesday, May 26th, 2010

When choosing no win no fee solicitors to handle you case, you have to check a few things. Be sure the one you are picking has had experience with your type of injury/case. This is not really a must, but it would be a plus to have someone who knows how to work around the case. It would also help to get a solicitor who has been in practice for a long time and he a lot of recommendations. Always be certain that your solicitor never asks you to sign a loan or credit agreement. The only fees your solicitor should get should be his standard fee if the case is won, and an additional success fee which can not be more than 100% of solicitor’s standard fee. Picking the right solicitor ensures a smoother and possibly shorter process.

Essential Facts About Mesothelioma Lawsuits

Sunday, May 23rd, 2010

Mesothelioma is a rare form of cancer that is caused by exposure to asbestos. The most common form of the disease affects the lining of the lungs, while more rare forms affect the lining of the chest or abdominal cavity. While this disease is uncommon, it is always fatal, with an average survival time after diagnosis of just one year. If the disease is diagnosed early, around twenty percent of patients may live up to five years.

If you have been recently diagnosed with mesothelioma, you may be feeling as though your life has been turned upside down. There is so much to do-finding out as much information as you can about the disease and treatments, trying to determine how and when you were exposed to asbestos, and, unfortunately for many people, trying to get help with the costs associated with this devastating disease.

If you fall into this last category, it may be of some comfort to know that you will be able to seek legal help in filing a mesothelioma lawsuit. Winning a mesothelioma lawsuit can not only help recover the cost of treatment, but can also provide compensation for lost earnings, and the pain and suffering that this disease causes in its sufferers. In addition, even if you do not have much time left to you, your loved ones will be more assured of being financially secure after your death.

Before seeking legal advice, it is important to have as many facts about your case as possible. Because almost all cases of mesothelioma are associated with asbestos exposure, if you are diagnosed with the disease it is very likely that you were exposed to asbestos at some point. However, because symptoms may not appear for up to forty years after exposure, it is also important to be able to pinpoint with as much accuracy as possible how and when the exposure occurred.

If you were exposed at work, for example, you should try to recall your occupation at the time, and what type of work you were doing when you were exposed to asbestos. If the exposure occurred at home, it will be important to determine how your home was exposed to asbestos. A successful mesothelioma lawsuit will require that your information be as accurate and detailed as possible, because the nature of your exposure to asbestos will determine who should be held legally responsible for your having developed mesothelioma.

To ensure the success of your lawsuit, your lawyer will need as much information as you can supply, and it is also important to supply this information as quickly as possible. This can be difficult to do at such a stressful time, but it is essential because each state has a statute of limitations that governs how long a period of time you have in which you can legally file a mesothelioma claim. Note that the statute of limitations is based upon the time of your diagnosis, rather than when your asbestos exposure occurred. Depending on the state you live in, you may have between one and three years to file a lawsuit once you have been diagnosed with mesothelioma. In most states the limitations period is two years, and in some states this is three years or more.

Most mesothelioma lawsuits are conducted to cause as little inconvenience as possible to the person making the claim. In many cases settlement can be made out of court, and depending on the circumstances, a case may be expedited so that it can be resolved more quickly. If you decide to file a claim, you will be required to sign documents that allow your lawyer to gather medical information relevant to your case, and will likely need to give a deposition, in which you will answer questions from the defendant’s lawyer, and perhaps your own lawyer as well. In some cases, you may also be asked to supply video footage or testimony that documents how your life has been affected by mesothelioma.

For the most part, law firms that deal with mesothelioma cases do so on a contingency basis, meaning that you will not have to pay any fees until your case has been won. If you are awarded compensation as a result of the lawsuit, your lawyer will be paid a fee from that money; if you are not awarded any compensation, you will likely not have to pay any fees at all.

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen and PPH, Paxil, Mesothelioma and Nursing Home Abuse. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

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  • September 2010
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