Archives 2021

Types of Maritime Injuries and Laws

Considering the unpredictable and hazardous working conditions both on the shore side and at sea, it is not surprising that sea travelers risk injury. However, such an expectation does not excuse the negligence of the employer from contributing to an injury. If you suffer from injuries on the docks, in a port, on a vessel, or while doing other maritime activities, you deserve to receive the justice and compensation that you deserve by filing a maritime injury claim. This guide highlights the critical aspects you need to know regarding maritime injuries and claims.

Types of maritime accidents

Slip and fall

Vessels have decks that can result in serious slip and fall accidents due to cluttered or uneven floors.

Fishing injuries

Lack of proper safety gear or dangerous equipment can lead to injuries.

Falling overboard

One might fall overboard due to fishing or loading cargo, leading to drowning or hypothermia.

Enclosed spaces

Tight workspaces can lead to contributing to injuries. For instance, toxic injuries can lead to poisoning, and in places with limited oxygen levels, the risks of asphyxia can increase.

Types of maritime injuries

  • Eye injuries– Impairment or loss of vision can make it challenging for one to resume working.
  • Burns– Burns can result in physical disfigurement and emotional scars
  • Amputations– In some cases, injuries can lead to the loss of a limb.
  • Back injuries– Back injuries vary from herniated disks to strains
  • Acoustic trauma– Injuries can lead to long-term hearing damage
  • Brain injuries- Head injuries include cognitive, hemorrhaging, and concussions.

Maritime Laws

Maintenance and care

When seafarers suffer from injuries, they have the right to receive maintenance and cure benefits despite when or how the accident happened, provided they were working. In this case, maintenance covers the living experiences of the seafarer during recovery, including taxes, food, utilities, and mortgage. Other expenses such as insurance, repairs, gas, internet, and cable television bills are not covered. In contrast, the cure benefits include medical costs associated with the injuries suffered, including traveling to medical appointments, special medical equipment required, rehabilitation, examinations, medications, and doctor visits.

Jones Act

Seafarers who want to receive a settlement under the Jones Act should prove that they suffered injuries due to another party’s negligence. In particular, an employer can be held liable under the Jones Act for the following reasons:

  • Failure to offer proper safety gear and equipment
  • Co-worker assault
  • Spills including grease and oil on the deck of a vessel
  • Failing to ensure that equipment works correctly and up to date
  • Failure to install hazard and warning signs around dangerous places
  • Overworking of the staff resulting in fatigue

Under Jones Act, you can receive a settlement for damages such as loss of earning capacity, lost wages, disfigurement, suffering, pain, medical expenses, and lost wages.

Longshore Act

Maritime law recognizes a worker’s compensation program famously regarded as Harbor Worker’s Compensation or Longshore. It offers compensation to employees who suffered injuries while they worked in navigable waters, including decks and piers, repairing ships, and loading or unloading cargo. Most importantly, the Longshore Act covers workers employed to perform maritime duties, including ship mechanics, shipbreakers, harbor workers, and longshore workers.

However, the Act excludes employees who receive state benefits, including recreational vessel workers, small vessels, retail, and office workers. Under the Longshore Act, maritime workers have rights such as:

  • The first option of choosing a physician of their choice
  • A provision for the employer to pay for permanent or temporary disability and loss of organs and limbs to compensate for the loss of earning capacity
  • If the victim dies, the widow or widower is entitled to approximately 50 payments
  • Injured employees can receive 66 percent of their weekly salary until they recover

You need to know that if you work in maritime areas, you have the right to receive compensation if you suffer from injuries. However, if you think your rights are violated and require assistance, you can consult a professional maritime lawyer at Naylor Law. In the meantime, you should report an injury (severe or minor) to your employer, seek immediate medical attention and fill in the required paperwork. That can help in establishing credible proof of your injury if one violates your rights. 

What Does a Car Accident Do?

In the scenario that you experience an automobile accident, you may spend a lot on medical bills and car repairs. You may also suffer from lost stability and wages. Such expenses should not be from your finances due to an accident that is not a result of your fault. You ought to get accident compensation as a victim. As a result, you may be required to file a compensation claim against the liable party to cater for the injuries and damages caused. Below are the roles performed by car accident attorneys:

Helps in filing for accident settlement claims

 An Antelope Valley car accident attorney handles the legal processes resulting from a car accident. Making errors when providing the required documents may cost you a huge sum of money when getting the compensation you are entitled to. The attorney assesses the claim before submitting it. A car accident lawyer evaluates the physical injuries and car damage to determine the intended damage or foul play. The legal professional compiles and prepares the important legal credentials to submit for the accident claim to be processed.

Handles the insurance firms 

The majority of insurance firms may take advantage when dealing with a person who knows little or no information about the applicable laws. Such companies may cover only one part of the claim: car damages or medical bills, rather than both. The insurance agents are skilled at convincing clients to agree to less compensation and, in some cases, may not give the accident victim anything. An expert in personal injury lawyers understands how to handle claim settlement procedures. Having handled several similar cases, an experienced lawyer makes sure you get the right amount of compensation. A car accident lawyer saves you effort and time.

Represents clients in court

After an accident, you may be required to undertake a court process. You may need the services of a car accident lawyer to represent you in the court process. The lawyer ensures that you get maximum compensation. The main role of the lawyer is to ensure that the ruling is made in your favor. The lawyer will check the auto and medical expenses to ensure you are paid what you deserve.

As an accused after a car accident, you also need the services of a personal injury lawyer. In terms of the representation of an accused, the lawyer attempts to get the lowest penalty. The legal professional will establish facts that favor reducing the amount used to compensate the accident victim. The car accident legal expert ensures that you do not incur expenses you are not liable for. In many cars accident cases, the car accident lawyers attempt to settle the case outside the courtroom.

Why should you hire a car accident lawyer?

A car accident is not planned for; hence it can be overwhelming when it occurs. To reduce stress when dealing with a car accident, you should consider seeking an attorney. Lawyers will assist you when filing a claim against the driver at fault and prepare a lawsuit to recover from the civil damages suffered. The attorney negotiates on your behalf to make sure you earn the compensation you are comfortable with.

A lawyer helps you understand your rights regarding the accident case. It is beneficial to work with a car accident attorney as the professionals know how to maneuver the legal procedure to ensure you are protected accordingly.

The procedure to seek compensation, also referred to as a personal injury claim or settlement, is lengthy and tedious. Undertaking the process on your own may result in getting only a portion of what you deserve. Working with a car accident attorney enables you to get advice and help sail through the process.

3 Warning Signs You Need to Hire a Car Accident Lawyer

When you’re hit by someone else driving carelessly or recklessly, it can be a life-changing experience for you and your family members. An insurance company will work very hard to make you feel like you’re overreacting to the situation if you even think about having legal counsel look at the situation as they process your claim. 

Here are three warning signs that indicate you should consider hiring a car accident attorney.

Someone from the insurance company says things that indicate they are unfamiliar with traffic and weather patterns in your local area

For example, if you live in the Southwest, a torrential downpour might make the roads highly slick as it brings up the accumulated oil from busy or typically heavy traffic, causing an increase in risk. Someone not from the area may not understand that. Thankfully, local attorneys understand these things. For example, a Denver car accident lawyer will understand snow patterns, ice slicks, and which roads are more subjected to accidents during which points of the year. If someone from the insurance company isn’t familiar with your local area, they will be more likely to dismiss critical aspects of your claim.

You have a severe injury

A severe injury leaves you with doctor or hospital bills, time off work you didn’t plan for, and interruption to getting back to your normal daily activities. It upends your life and places strain upon your family and your finances.

Your doctor can’t figure out what’s wrong.

How will your life be changed if the doctors can’t pinpoint what’s causing your medical issues? What happens if those medical issues only started happening because of a car accident? How can you expect to continue your life in this way (let alone pay your bills) when you can’t function at 100% anymore? No one asks to be in a car accident, and no one asks to have their lives changed potentially forever.

Conclusion

If the accident wasn’t your fault, you deserve to be compensated. Working with a car accident lawyer or personal injury lawyer helps you gather the evidence you need to help support your claims. You shouldn’t have to move forward without having some or all the financial burden removed.

If you feel like something is just “off” or missing from your recovery process or if you’re having difficulty working with the insurance company, don’t hesitate to look for a car accident lawyer. Many good ones exist throughout the country.

Why You Might Have to Bail Somebody Out Of Jail

Some people have to regularly bail friends and family out of jail because they can’t manage to keep their noses clean. However, others go through life without experiencing issues, that is until they do. Most folks don’t plan on getting put behind bars, but things sometimes happen, and that’s exactly where they land.

Then, if the person is your spouse, child, BFF, or another individual you’re close to, they might contact you to rescue them. Unfortunately, when that occurs, you’ll have to learn how to bail someone out of jail West Chester PA on the fly. But that’s alright, and the process doesn’t have to be extremely challenging. You can contact a bail bonds company to help, and they’ll make the venture a cinch. Now, it’s time to look at some of the common reasons why people get locked up.

Assault & Battery Charges

In some instances, individuals can lose their cool and start altercations. The incidents may begin as nothing more than words being exchanged between parties, but things can quickly escalate and become physical if they allow their tempers to get the best of them. Those who cause damage to someone else may face assault & battery charges. Thus, if a person you know gets into a fight at a bar or somewhere else, you might be getting a call to bail them out of the slammer.

Drug Crimes/Offenses

Cannabis is legal in some states but remains illegal in others. It is also still listed as a schedule I drug too, which means it’s illegal federally. However, all sorts of people are using marijuana recreationally or medically, including folks that live in places where the buds aren’t legal. That can spell trouble if your friend or a family member happens to be one of them. Why? Because they could get arrested for drug offenses and need you to cover their bail, that’s why.

Protecting Your Children During a Divorce

When you and your spouse decide to get divorced, there are dozens of things that need your immediate attention and hundreds of decisions to make. With so many things on your mind, it can be easy to miss how your children are coping with the impending loss. Whether they blame themselves or become emotionally wounded, research shows the effects of how you handle your divorce can linger in their lives clear into adulthood. For that reason, no matter how old your little ones are, it is vital to protect your children during a divorce.

It’s Your Support

Child support is a matter of contention among many divorcing adults. For some reason, some parents fail to understand that children must be cared for and protected just as they were when both parents lived together. If you are having difficulty agreeing to child support with your soon-to-be-ex, contact your divorce attorney Tampa and ask for help.

It’s Your Divorce

Although you may be upset with your spouse, it is essential to your child’s mental health to remember only you are getting a divorce. Your children should never be part of the conflict because they need both of you and your support. Spending time with both parents is critical in developing a healthy relationship, especially if your children begin to withdraw.

It’s Your Emotion

It can be difficult to watch your children go away for a few days with their other parent. However, remember they are probably excited about the overnight stay. If you feel anger or grief at being left behind, share it with a friend and leave your children out of your personal emotional rollercoaster. You can also use the time as a private care day and visit a spa, paint a room, or go to a bed and breakfast.

Divorces can be complicated, but you can weather the storm and come out with healthy children. All it takes is an understanding that the little ones love both of you and need time alone with each parent.

3 Tips for Helping Adolescents Make Good Decisions

Teenagers experience many changes as they journey from childhood to adulthood. During that time, they can face many challenges, such as peer pressure, changing social dynamics and finding their first jobs. Helping adolescents make good decisions can be a great way to boost their confidence levels and ability to handle themselves in a variety of situations.

1. Bring Up Important Issues

At times, dealing with increasingly complex issues can leave teenagers feeling bewildered. They may not always want to bring up certain topics, but that doesn’t mean that they don’t need help. Try to bring up important topics on a regular basis to allow teenagers to naturally voice their concerns. These discussions may not always be comfortable or easy to have, but they are necessary, especially if teenagers are engaging in risky behavior that could result in legal trouble or court ordered classes.

2. Develop Strategies

Bringing up important topics is a great way to get started, and the next step is to help teenagers develop helpful strategies. Whether they struggle with peer pressure, meeting deadlines or making friends, there are things that they can do to improve their situations. Help them figure out solutions to common problems so that they know how to behave under different circumstances.

3. Promote Ongoing Conversations

Discussing topics like drug and alcohol use or sexual activity can make people uncomfortable, and it may be tempting to have a single conversation about those issues and assume that it enough. However, ongoing conversations about important topics can reinforce expectations and allow teenagers to bring up any issues that they are struggling with. To enhance the communication channels, create a trusting and accepting environment that allows teenagers to voice their concerns.

Helping adolescents navigate obstacles as they grow and learn isn’t always easy. However, adults can offer advice and try to equip adolescents with the tools they need to handle common life issues.

Top 4 Frequently Asked Questions About Arrests

The arrest process is complicated and stressful for people who are going through it for the first time. Usually, the detainee’s family has lots of questions about when their loved one will be released and what the long-term consequences will be. Here are the answers to four of the most commonly asked questions about getting arrested.

1. When Can Suspects Leave Jail?

The police sometimes release people that they arrest without pressing charges because there is not enough evidence or because someone else has confessed to the crime in question. Other times, suspects must stay in jail until it’s time to go to the courthouse for their trials. If detainees or their families can purchase bail bonds near me Allentown PA, then suspects can leave jail until their trial begins. Unless the police have decided not to press charges, though, there is always a chance that suspects will have to return to prison following their trials.

2. When Do the Police Have to Read Suspects Their Miranda Rights?

Contrary to popular opinion, the police do not have to read all detainees their Miranda rights. However, if they want to interrogate suspects, they must read out these rights before the interrogation begins. Otherwise, anything that suspects reveal during the questioning process is not valid evidence. 

3. When Are Warrants Needed?

If the police want to arrest suspects in their own houses, they must receive warrants from a judge first. These documents include the times that the police may make arrests, the bail that the defendants need to leave jail, and the crimes of which the defendants are accused. If the police make arrests in public and have probable cause for their actions, they do not need warrants.

4. What Happens if Suspects Refuse To Talk?

Sometimes, suspects remain silent throughout the entire questioning process, refusing to answer any of the police’s questions or provide an alibi. While this tactic is within suspects’ rights, it is not always the best course of action. When suspects refuse to answer questions before they are arrested, their refusal can be used as evidence during their trials. On the other hand, if suspects stay silent during an official interrogation after hearing their Miranda rights, their silence does not count as evidence.

The criminal justice process takes a long time and involves many detailed laws. Whenever suspects or their families have case-specific questions, it is always a good idea to contact a lawyer.

The Aftermath of a Car Accident: Worse than the Accident

You were driving down the highway when you had to brake suddenly. As this happened, a car came out of nowhere and slammed into you from behind. There wasn’t any time for you to react, and there was nowhere to go. You spun and felt the impact. Your car skidded for more than 30 feet. You suffered multiple injuries requiring a hospital stay.

Personal Injuries Suffered from Vehicular Accidents

If you have ever driven anywhere before, then you know that accidents happen every day–sometimes without warning! Denver is no exception. In all cases, some type of personal injury is present. You’re left with soft-tissue damage and scrapes at a minimum. In worst-case scenarios, there is death or permanent disabilities.

Personal Injuries Require Ongoing Care

It’s been three weeks since your accident happened, and you’re still in pain every day when something touches your neck or back. Dressing takes you forever to avoid irritating the remaining and partially healed gashes. Your doctor says multiple visits are necessary during your healing process. The stress mounts as you think about the bills, your angry boss because you’re missing more work, and the increased medical costs. How will you compensate for being out of work, getting behind on your bills, racking up high medical costs?

The other party’s insurance company will have already contacted you to try and get you to accept a settlement for your injuries. Still, you don’t have enough information about the accident, and this is all overwhelming. You need an experienced Denver personal injury lawyer to help ensure that everything goes smoothly when settling your claim.

What Does Denver Personal Injury Lawyer Do?

Denver personal injury lawyers work on cases involving accidents or other incidents that cause serious harm, loss of work, and loss of physical abilities. Denver personal injury lawyers deal with insurance companies, the courts, and provide representation for clients in Denver. A qualified and trustworthy Denver personal injury lawyer will be your advocate when dealing with disputes involving health care providers and confusion or stall tactics put forth by an insurance company. They gather evidence from multiple sources on your behalf, fill out forms for you, and do all these things without admitting fault for the accident.

Their job is to help you resolve the legal aspect of this matter so that you don’t have to be left holding the bag for medical bills, lost wages, and other things impacting you and your family because of these injuries. Ideally, the best time to speak with a Denver personal injury lawyer is after you’ve received initial medical care for your accident and before you file a claim with your insurance company.

Contact a Trusted Denver Personal Injury Lawyer

Don’t wait to contact a qualified Denver personal injury lawyer, as some personal injury claim types have time period expirations on how long you can wait before you can file. Insurance companies have different time limits for beginning a claim, and you don’t want to miss either deadline. Contact a qualified and trusted Denver personal injury lawyer as soon as you can. You don’t have to deal with this process alone.

What To Know When Buying a New Home

Stress and home buying often go together because purchasing a house can be a 30-year commitment. Even if this isn’t your first home, there are some factors you may want to take into consideration before signing that new contract. Here are just three of the many things you should know when buying a new home.

1. Is the House Big Enough?

No matter how big or small your current family is, you should look into the future for at least five years to see if the house is big enough to fit your needs. Is there space for roommates? Will you add children? Do you want pets? Do you need office space? Although you may be considering your immediate needs, make sure you look into the future so that you won’t outgrow the house in the next year or two.

2. Is There a Community HOA?

HOAs have become popular in many Virginia housing tracks, which is both a good and bad thing. Although the association may keep errant homeowners in check, the groups can sometimes exceed their authority. To protect yourself, make sure you locate an HOA and condo attorneys Ashburn VA team. It is essential to have an available ally if the association places unwarranted restrictions on your home.

3. Does the House Have Good Bones?

The bedroom walls may be painted bright red, or the kitchen may have the wrong type of sink, but those are only cosmetic issues. Ask your inspector or a trusted contractor about the building’s bones. Although you can easily change paint, tiles, and faucets, fixing a sinking foundation or water-damaged walls is more complicated.

Buying a home can be the largest purchase you may make during your life. That is why it is important to know if the house has good bones and what the future holds before you commit. Also, don’t forget to see if there is an HOA. You can protect your future self when you answer the three questions above.

3 Tips for Renewing Your Notary Commission

The rules for notary commission renewal vary from state to state, but no matter where you obtained your notary certification, there are a few steps you can take to ensure the renewal process goes as smoothly as possible. 

Take the time to look thoroughly through what it takes to renew your notary commission to avoid being rendered unable to notarize due to a lapse in your old and new commissions. 

1. Determine Whether Training or Testing Is Needed

Though not all states require exams or added training for renewals, many states do. Courses and testing requirements in states that do require additional assessments, such as California and Colorado, will vary from state to state. Florida notary renewal, a state without such requirements, may be a less time-consuming process. 

2. Determine When You’re Eligible

The window for your notary commission renewal opens anywhere from 6 months to 30 days prior to the expiration date. States have different rules regarding when you can and cannot begin the renewal process, with some states recommending it be taken care of months in advance and others not accepting renewal applications outside of a specified time with relation to your commission’s date of expiration. 

Even if it isn’t possible to submit your application months in advance, it’s best to be aware of the requirements and time frame you have to complete the renewal in the meantime. 

3. Proofread the Details

Notary commission renewals often carry less pressure than obtaining it in the first place, but it’s still important to make sure all of your paperwork is in order. Double-check the spelling, dates and your signature to make sure they all match your current notary bond. Make sure that you always maintain consistency and use the same name that you will sign when notarizing as is on your paperwork. Nicknames, initials or other abbreviations on renewal applications need to reflect your signature on notarized documents.