Compensatory Damages Include Things such as Lost Wages, Property Damages, and Lawyer Fees

Compensatory Damages Include Things such as Lost Wages, Property Damages, and Lawyer Fees

Feb 22

The classification of people who may be found entering another person’s property include an invitee, a licensee and a trespasser. Besides suggesting the rights of a person (inside an entered premise), this classification also tells of the level of care a property owner owes these people.

An invitee may be a friend, a relative or a neighbor. He/She who has a landowner’s expressed or implied permission to enter his/her property;

A licensee is a person, who also has a landowner’s expressed or implied permission to enter the property, but who goes there for his/her own amusement or purpose, rather than for business purposes. Party guests, family friends and everyone else who enter stores to ask about something or to retrieve something that they own, are also considered as licensees;

A trespasser ris a person who has no authority to be on someone else’s property; thus he/she is on the property illegally and, unless he/she is a child, the owner owes him/her no responsibility if ever he/she gets injured inside such property.

Property owners, especially those who own places open to the public, like malls, supermarkets, hospitals, government offices, parking lots, playgrounds, swimming pools, restaurants, food courts, churches, etc. (where the people are called licensees), have the responsibility of keeping their premises free from risks of accident at all times, or they can face legal complaints, more specifically, a premises liability lawsuit, from whoever gets injured in their premise.

One very common accident which can injure anyone is slip and fall. This accident, which occurs in public and private places cause injuries ranging from minor bruises to fractures or spinal column injury, neck injury and so forth.

According to the National Safety Council (NSC), more than 8 million slip and fall accidents occur in the U.S. every year. Their most common causes include wet, oily, icy or slippery floors or surfaces, defective staircases, uneven, loose or broken floors, steps, sidewalks or stairs, unsecured rugs or carpets, and, hidden or tangled extension wires.

Besides injury due to slipping, tripping or falling, premises liability also includes in its scope injuries that are caused by falling objects, open excavations, electrocution, broken benches or chairs, and so forth.

Failure to free one’s premise of injurious hazards is act of negligence. If this act result to harm, then an injured victim can pursue legal action in order to seek compensatory damages. The Ali Mokaram law firm says, “compensatory damages are designed to help the plaintiff to pay for the costs of recovering after the injury. These damages often include things such as lost wages, property damages, and lawyer fees.”

Causes and Symptoms of Traumatic Brain Injuries

Causes and Symptoms of Traumatic Brain Injuries

Sep 20

Everything in our body is controlled by the brain; thus, it is considered as the body’s most important organ. Anything that could impact the brain and cause a change in the way it functions will also affect the way the whole body operates.

An explosion, a sport or recreation-related accident, or a car crash that would cause a violent blow or a sudden jolt to the head can make the brain collide with the skull’s internal wall. This can severely harm the brain and result to torn nerve fibers or bruising and/or bleeding of the brain which, in turn, can lead to intracranial injury, which is more commonly known as traumatic brain injury (TBI).

An explosion, a sport-related accident and a car crash, according to the Centers for Disease Control and Prevention (CDC), are not the only events that can jolt the head and eventually cause a traumatic brain injury. Other causes of TBI include:

  • Falls, which are very common among children 4 years old or below and adults above 75 years old;
  • Motor vehicle accidents, which commonly involve those aged between 15 and 19;
  • Collision with a moving or a stationary object;
  • Assault, which includes getting wounded on the head through a gunshot;
  • Accidents involving a bicycle or any non-motorized pedal cycles; and,
  • A smashed piece of skull penetrating the tissues in the brain.

The severity of a traumatic brain injury depends on the part of the brain that is affected and whether the injured area is widespread or affects only a specific part. For purposes of classification, however, severity is identified as mild, moderate or severe. While mild TBI patients may only experience temporary headaches and confusion, a severe case can lead to amnesia, coma, disability, unconsciousness or even death.

Sometimes, it takes weeks before signs and symptoms of TBI appear. Some of these signs and symptoms include: persistent headaches or neck pain; slowed reading, thinking, acting, or speaking; changes in sleep pattern; loss of sense of taste or smell; and, dizziness and moodiness. If, after suffering a violent blow to the head, though, a person begins to vomit repeatedly, or experience convulsions, numbness or weakness in the legs, arms, hands or feet, or slurred speech, then he/she should be taken to the hospital to be checked and given proper treatment.

According to the Spiros Law Firm, brain damage can occur for many reasons and with about 2.6 million Americans suffering a brain injury yearly, it is more common than many think. Brain damage is defined as the destruction or deterioration of brain cells. This damage is often localized and can affect specialized parts of the brain. Brain damage is almost always debilitating for any victim, impeding even the most basic life tasks.

Even a simple fall accident can result in severe brain damage. Regardless of the cause of TBI, though, if it is a result of someone’s acts of negligence, then the victim’s family better consider pursuing legal action against the liable party for the possible compensation that will help see the victim through the costly medical treatment he/she will definitely need.

Is the EB-5 Visa Right for You and Your Family

Is the EB-5 Visa Right for You and Your Family

Jun 19

The United States, like many other countries, offers foreign nationals the opportunity to obtain a Green Card which will allow them to enjoy conditional permanent residency through its employment-based (EB) visa programs, with EB-5 being the easiest and with the least processing delay time visa category.

EB-5, also called the employment fifth preference visa, is a program that allows foreign nationals to invest between $500,000 and $1 million in the U.S. The main purpose of this investment program is to help boost the U.S. economy through the creation or preservation of jobs for qualified American workers.

The specific requirement set by the U.S. Citizenship and Immigration Services (USCIS), which administers the EB-5 program, is the creation or preservation of 10 full-time jobs for qualified Americans. This may be done by investing $1 million in a new commercial enterprise or by investing $500,000 in a Regional Center, an organization designated by the USCIS for the purpose of helping foreigners who would like to invest in the U.S. satisfy the requirement which will lead to the approval of their EB-5 visa application.

The benefits that investors can enjoy through their EB-5 visa include:

• Lesser requirements; the following are actually not required: English proficiency; age limit; work/professional experience; educational degree; and job offer;
• Fast processing method which will enable an investor, his or her spouse and unmarried children under 21 years old gain conditional permanent residency and permanent residency in the U.S.;
• Privilege of working or studying in the U.S. (this benefit can also be enjoyed by the investor’s family);
• Freedom to live and work anywhere in the U.S.;
• Paying the same cost of tuition fee (as any other American citizen) in public colleges and universities;
• No travel restrictions in and out of the investor’s home country;
• Obtaining a U.S. Citizen status after 5 years of established permanent residency in the U.S.

With regard to this visa category, there are three things that matter most:

• that the investor is able to prove to the USCIS that the invested capital has been obtained through legal means; and,
• for the investor and his or her family to have the conditions in their visas removed (this visa will give them conditional permanent residency status for two years), the investor will have to satisfy the “create 10 jobs” requirement withing two years. Right after the second year, successful EB-5 visa holders can start petitioning for the removal of the conditions in their visas; and,
• that the investor fully understand that if ever he or she fails to meet the program’s requirement (which is the preservation or creation of 10 full-time jobs), there will be no way of getting his or her investment back. This is why having the amount required in the investment does not automatically qualify anyone to be a foreign investor.

It is said that it is the duty of foreign nationals to know first if the EB-5 visa is really the best means for them and their families to obtain residency in the U.S. Any decision they will arrive at concerning this matter will definitely affect their future, especially if they decide to pursue the program and fail.

Understanding your risks of carpal tunnel syndrome

Understanding your risks of carpal tunnel syndrome

Feb 18

The median nerve, which can be found in the upper limb, is responsible in supplying nervous energy in the forearms and hands. When median nerve is damaged, muscles located in these areas might not get the nervous energy that they need. This results to a variety of different complications, such as numbness and poor muscle control.

There are a variety of ways how a median nerve could be damaged. This nerve, for instance, passes through the carpal tunnel – the cavity enclosed by carpal bones, tendons, and the transverse carpal ligament (bundle of ligaments under your wrists). When carpal tunnel is pressed, pinched, or damaged in any way, the median nerve might be affected, resulting in a condition called carpal tunnel syndrome.

Your risk of carpal tunnel syndrome depends on many different factors. According to the website of LaMarca Law Group, P.C., poorly-designed workplaces and insufficient breaks between work hours could result in different muscle conditions, including carpal tunnel syndrome. People who are at highest risk of this disease include those who work in production lines where movements are oftentimes repetitive and forceful. In some instances, clerical job workers, such as typists and writers, can also be vulnerable to this condition.

According to the website of the Champaign workers’ compensation lawyers at Spiros Law, P.C., it is difficult for a person suffering from carpal tunnel syndrome to get back to work. Symptoms commonly associated with this condition are weakness and numbness of the affected arm, making it almost impossible for them to perform their tasks.

Apart from occupation, there are other risk factors that may come at play in determining your risk of this condition. Women, for instance, have smaller carpal tunnel, which means they are at highest risk than men. Finally, health conditions, such as obesity, thyroid disorders, rheumatoid arthritis, and diabetes, can weaken your nerves, including the median nerve.

What causes tread separation?

What causes tread separation?

Feb 17

In a report released by the National Highway Traffic Safety Agency (NHTSA), fatalities resulting from car-related accidents went as high as 32,675 last year, or 89 deaths per day. Unfortunately, some of these accidents have been associated with DUI and distracted driving, and could have been prevented with vigilance and defensiveness.

But according to the website of Spiros Law, P.C., not all car accidents were a result of driver negligence. In some circumstances, a defective tire component can trigger injurious, sometimes even fatal car accidents. In these situations where drivers cannot do anything to prevent an accident, the manufacturer could be held liable for all the damages a victim may accrue.

If you will ask a Louisville personal injury lawyer about possible car defects that may result in accidents, one of the first things that will come to his/her mind is tread separation. The tread is the area of the tire that comes in direct contact with the road. When the tread is severed from the tire, the vehicle may go out of control, making your car more prone to accidents.

There are many possible causes of tread separation. An over-inflated tire, for instance, has an excessive pressure that may generate too much heat especially when dealing with rough roads, making your tire more prone to separation. Also, too much pressure inside the tire could make it more difficult for the tire to manage road shocks caused by bumps and potholes, making it more prone to blowout.

Wear out can also trigger tread separation. As such, it is important to rotate your tires regularly to avoid tire abuse. Also, tires with worn out threads and shallow grooves should be replaced immediately with new ones. Finally, only mount tires that have been manufactured within quality standards and have been force-tested to endure different road conditions.