Protections for Corporate Whistleblowers
Whistleblowers are people who stood up and reported public trust violations or illegally activity by their employers. Improper safety practices at the workplace or environmental violations often get reported. Such reporting, quite expectedly, gets resisted or even retaliated against by some employers. Laws have been devised to safeguard whistleblowers from employer backlash and encourage whistleblowers to come out in the open more and without fear when they come across wrongdoings.
Federal Whistleblower Protections
Several federal laws, such as the Solid Waste Disposal Act and the Clean Air Act, enact protections for corporate whistleblowers who talk in the open about violations that affect workers’ health or the environment. You could sue your employer for retaliation if it took adverse action (for instance, job termination) in response to the complaint you filed about their alleged violation. Other federal laws involving whistleblower protections are the Compensation and Liability Act, Comprehensive Environmental Response, Safe Drinking Water Act, Energy Reorganization Act, Water Pollution Control Act, and Toxic Substance Control Act.
To exercise your rights as per the whistleblower laws, file your complaint with the proper organization, such as the SEC or OSHA (Occupational Safety and Health Administration). The complaint can be filed online or by contacting any local office on the phone.
State Whistleblower Protections
While federal laws for whistleblowers relate particularly to specific laws, states usually offer an extra protection layer to people who come out and speak. Typically, these laws require the worker to draft a report in good faith, just like federal law, to be covered. You would not be penalized in case it’s proven that the alleged violation did not happen, provided your reasons for suspecting the violation were strong.
Employees who refuse participation in the violation or who cooperate with the formal investigation are also safeguarded by many federal and state whistleblower protections.
Most states offer protection to whistleblowers who are employed in public sectors. This includes elected officials, teachers, and police officers. For instance, if a government entity is misusing public money, it would go down as a public trust violation, and the individual reporting the violation would be safeguarded from any retaliatory measures the government institution might take against the whistleblower. Most states also have distinct statutes pertaining to employees working in the private sector, such as corporate firms.
If you think you’ve been a victim of unfair treatment for having “blown the whistle,” file a valid claim. Get in touch with a corporate disclosure whistleblower attorney for expert assistance in this matter.
The Role of Evidence in a Personal Injury Lawsuit
When it comes to filing a personal injury claim or lawsuit, the single most important determining factor is negligence. As damages are awarded to the person who has sustained an injury or property damage due to the negligent actions of another party, important evidence would involve who was found to be negligent and the nature of the injured party’s injuries.
Filing a Personal Injury Claim
The most important step to filing a personal injury claim or lawsuit is enlisting the help of an experienced personal injury lawyer. Your attorney will assess your case and advise you on how best to proceed. They will know exactly what evidence you need to back up your claim and exactly how to get it.
Negligence Evidence
Once one party is determined to be negligent for an accident, that party is liable for damages to any injured parties. Damages includes financial compensation for property damage, such as vehicle repairs or replacement parts that are due to the accident. Damages would also involve paying for any accident-related medical costs such as medical treatment, medication, physical therapy, and any missed wages due to recovery time spend at away from work. Evidence used to determine negligence would include medical reports, police reports, accident reports, and witness testimonials.
Reports as Evidence
When it comes to the role of evidence in a personal injury lawsuit, evidence will not only help paint a picture of the accident itself, but also how it truly has affected the plaintiff (person filing the claim). Medical reports will be released to the plaintiff for them to prove just how they were injured, the extent of their injuries, how those injuries were caused by the accident, and that the injuries were in no way related to any pre-existing medical condition.
In personal injury lawsuits, medical evidence is the most important form of evidence, as it not only proves that an injury has taken place, but also just how serious that injury was and how much compensation they are entitled to receive.
As personal injury claims and lawsuits center around injuries and negligence, evidence involving these two things will play the most important role. If you were involved in an accident that was not fault of your own, you should enlist the help of a personal injury lawyer in Sacramento who can walk you through the entire process.
How Do Injury Lawsuits Work in South Carolina?
People who suffered accidents due to the negligence of other people have the right to get compensation for the damages. They should initiate a personal injury lawsuit and follow the rules in their state. So, how do injury lawsuits work in South Carolina?
Statute of Limitations
First of all, it should be emphasized that there is a time limit for this type of legal action. Injured persons are only given three years to pursue filing a case in court. If they fail to do so within the allotted period, they forfeit their right to this remedy. They will no longer be able to pursue further action against the one at fault for their injuries. It used to be much longer—at six years—but this was shortened to three years in 1988. Most other states only provide two years for personal injury cases, so this is still quite generous.
The clock will start ticking from the date when the injury was sustained. The court will usually turn away any complaints after three years, but exceptions may be granted if there is a compelling reason why the action could not be initiated earlier. For example, the defendant may be outside of the state, the plaintiff has a disability, and so on. Consult a lawyer if there are any issues that require clarification.
Shared Fault
Some states insist on a black and white interpretation of fault, where a party cannot get compensation if he is partly to blame for the incident. South Carolina is not one of these states. Instead, the laws recognize the possibility of shared fault. A plaintiff can still receive an award, although the amount may be reduced based on his degree of blame. His share of the fault should not be more than fifty percent or else the whole thing cancels out. If an injured person is only ten percent to blame, then he can still collect ninety percent of the amount due. This is called the modified comparative negligence rule.
Strict Liability for Dog Bites
Animals are the responsibility of their owners. Those who have pets, like dogs and cats, should make sure that they are well-behaved. If not, then they should be kept away from other people. If the animal bites a person, the owner will bear the burden of liability for the injuries—including the medical bills and associated expenses. Since South Carolina adheres to the strict liability rule, owners cannot defend themselves by saying they weren’t aware of this aggressive tendency; they will be liable from the first incident. Other states use the one-bite rule, wherein the first sign of aggression serves only as a warning.
If you would like more information about injury lawsuits, then call a South Carolina injury attorney today.
Sue the Rideshare Driver or the Rideshare Company After a Crash?
An increasing number of individuals nowadays prefer not to purchase their own car because of the cheap transportation offered by rideshare companies such as Lyft and Uber. The biggest advantage of these services is that you can locate one on your smartphone, view the fare for different types of vehicles, and book the one that best suits you. However, one cannot deny the fact that despite the skills of the drivers of these companies, their vehicles are prone to accidents.
When a collision occurs, passengers riding in that vehicle are susceptible to severe injuries. However, litigating such personal injury cases is much more complex when compared to standard car accident claims. Therefore, it is extremely vital that you have an experienced and reliable Chicago car accident attorney by your side to help you recover damages for injuries suffered and expenses for your treatment.
Should I Sue the Rideshare Driver or the Rideshare Company?
Most people involved in such accidents often ask whether they can sue their rideshare driver. However, this is not as simple as you might think because rideshare companies do not own a pool of cars. On the contrary, they work with independent contractors who own and drive their own vehicles. Thanks to this, the insurance coverage of such vehicles can be quite confusing.
Ridesharing companies provide a one-million-dollar liability insurance policy to each of their drivers. This policy comes into effect in the unfortunate event of an accident. This implies that both the driver, as well as the passengers, may be covered for their losses and injuries. However, the insurance coverage totally depends on what the driver was doing at the time the collision took place. Here are some examples:
- Off service: The driver might have his driver mode turned off at the time of the accident. In case the accident occurs during this period, the concerned driver would have to get in touch with his personal auto insurance for coverage.
- On service: The driver was either waiting for a car request or was driving his car to pick up a client when the accident occurred. In such a scenario the rideshare company has contingent liability coverage in the case that the personal insurance of the driver does not provide enough or no coverage at all.
- Driving a passenger: If the crash took place while the driver was transporting one or more people, both the passenger(s) and the driver are typically covered under the ridesharing company’s liability coverage.
Keeping the above factors in mind, it is very difficult to sue the company. You can, however, seek the help of a professional Chicago car accident attorney to help you. You, the passenger, are covered under the company’s insurance policy if you were a passenger when the accident took place, and the driver of the vehicle was at fault. The attorney will send letters to the rideshare company and the driver, asking them to preserve the evidence of your ride
Largo Car Accident Statistics
There is nothing as disturbing as learning about the high rates of car accidents in any area or region. Last year alone, there were more than 106,000 auto accidents in Florida. Even though the statistic covers the whole of Florida, there are indications that most of the cases were in Pinellas County, as it’s the most densely populated county in the state. Since Largo is a big part of Pinellas County, there’s a reason for concern if you are a motorist there. Below are more Largo car accident statistics to which you should be aware.
Thirty Percent of Auto Accidents Result in Personal Injuries
This statistic, according to a 2016 report released by the National Highway Traffic Safety Administration (NHTSA), indicates that personal injuries are a concern in Largo. According to the study, however, the percentage of fatalities was small. This is also evident when you compare car accident fatalities and bicycle fatalities. The latter exceeds the former by five percent.
Seventy Percent of Auto Accidents Lead to Property Damages
Most auto accidents are caused by reckless driving. The 2016 NHTSA report further shows that personal injuries and fatalities are not the only concerns on the Florida roads. The damage caused to personal property is costly; according to the report, the whole of Pinellas County suffers massive economic loss annually to the tune of $1.5 billion.
Most Crashes Happen Late in the Evening
According to the national statistics, most crashes occur between six and nine at night. This is usually the time that most motorists drive back home from their workplaces. Since they are too eager to get home, they habitually speed-up to beat traffic, sometimes leading to crashes.
DUI accounts for Fifteen Percent of Fatalities
Reports show that most DUI cases are recorded on the weekend, as opposed to the weekdays. This is because most people prefer to engage in fun activities, drinking included, on the weekends. Some are not careful enough to call a taxi when they over-indulge, and they end up behind the wheel while inebriated.
Distracted Driving
Studies show that distracted driving accounts for twelve percent of auto accidents. This is mostly because of mobile phone usage while driving. Generally, people have become over-reliant on their mobile phones and they talk and text while driving. As a result, they are easily distracted, often leading to crashes. The same thing happens when they try to find a direction using their phone’s map. It’s easy to get distracted when trying to find the details of a destination.
Speeding
Speeding accounts for seven percent of auto accident fatalities in Largo. It’s mostly attributed to the increased number of younger drivers on the roads. Sadly, many of them are not even licensed drivers. When compared to older more cautious drivers, younger drivers tend to be more reckless.
Largo car accident statistics are clearly alarming. So, something needs to be done about the figures soon. It’s a collective responsibility that requires both the motorists and the traffic agencies to ensure that the law is observed.
Injuries
If you or a loved one has been injured in a car accident in Florida, you should enlist the help of a Largo auto accident lawyer. They can help get you the compensation you deserve to help recover from your injuries, lost wages, and replace any property that has been damaged.
When Is It Appropriate to Sue a Stock Broker?
When you are investing in the stock market, dealing with a broker is usually inevitable. A stock broker is a regulated professional individual who is associated with a brokerage firm and is tasked with the duty of executing, buying, and selling orders on behalf of the client. In some instances, the acts of a stock broker, whether intentional or otherwise, can cause the client to lose money. For example, the broker can make miscalculated moves and lose a trade. In some cases, brokers engage in fraud, which leads to losses for the client.
What should you do if your broker causes you to lose money? Can you sue them? If so, when is it appropriate to sue a stock broker?
Stock market investors can sue their brokers for losses incurred under their watch. However, lawsuits aren’t always successful. Here are some of the situations in which it can be appropriate to sue your stock broker and get compensation for losses.
Evidence of Fraudulent Activity
If you have evidence that your broker has engaged in fraudulent activities that have led to losses on your part, you can sue for damages. Some of the common forms of fraud that may be performed by brokers in the stock market include the following:
- Selling fake securities
- Over-concentration of a portfolio
- Making unsuitable purchases that are not in line with your requested level of risk
- Trading without your consent
- Breach of contract
In these cases of fraud, a breach of contract is usually the easiest to prove. In other instances, the broker and their firm will deny any allegations. Therefore, it may be paramount for you to engage a stock loss attorney so he or she can help you gather evidence and get legal redress.
Broker Negligence and Breach of Fiduciary Duty
When you hire a broker to trade on your behalf, they are expected to observe due care and uphold proper standards when handling your investment. Therefore, if you lose money due to the broker’s negligence or breach of fiduciary duty, you can sue them and get compensated for the stock loss. Some examples of negligence include:
- Failure to execute your instructions pertaining to how and where to invest
- Failing to put your interest first, hence breaching their fiduciary duty to you
- Failure to conduct due diligence on which securities are suitable for your needs
- Brokerage firms failing to supervise and monitor client accounts for suspicious activity
- Supplying false or misleading information
Just as is the case with fraud, you have to prove that your broker was negligent or they breached their fiduciary duty to you, and as a result, you lost your investment. A good attorney can help you gather evidence, put together a case, and get compensated for the losses suffered due to the broker’s actions.
How to Seek Compensation
In most cases, brokers and their firms will deny any responsibility when approached with a liability claim. Therefore, be ready to seek legal counsel if you want compensation. Your lawyer will review the contract agreement to look for breaches, gather evidence, and build a strong case against your broker. Once you have a strong case, the chances of getting a ruling in your favor are drastically increased.
Final Thoughts
No one should lose stocks in the hands of a fraudulent or negligent broker. Therefore, if you are a victim of such a crime, sue your broker for damages so you can be compensated for the loss. Work with a stock loss lawyer so that they can help you research, gather evidence, and put together a tight case against the broker and their firm.
Will I Lose My House if I File Bankruptcy in Indiana?
There are many ways of dealing with a huge debt burden. If you have a lot of debt that you would like to get rid of, you may consider refinancing or consolidating the debt. Alternatively, you can decide to file for bankruptcy. There are three bankruptcy options that Indiana residents can consider.
There is Chapter 7, which both individual and corporate debtors can use; it basically provides for liquidation of property to pay off debts and can be completed in a matter of months. The second option is Chapter 11, which is meant for businesses and other legal entities. The last bankruptcy option is Chapter 13, which is specifically designed for individual consumers and provides for debt restructuring, as opposed to liquidation of assets to pay off debts.
Filing for Bankruptcy
When thinking about bankruptcy, many people often wonder if they’ll lose their house if they file bankruptcy in Indiana. It depends on the type of bankruptcy you choose to file. Debtors with an unreliable or low income, with too much bad debt, can only qualify for Chapter 7 because they cannot service their debts through an improved payment plan. Those with a significant income can have their debts forgiven through Chapter 13, which allows the debtor to make regular monthly payments for a few years to get debt forgiveness.
Chapter 7
If you seek bankruptcy protections under Chapter 7, a trustee will be appointed to liquidate your estate. The trustee will organize a public auction to sell all non-exempt assets. While there are some federal and state exemptions, none of them make it possible for you to retain your home after the bankruptcy. After all, it is your biggest asset, especially if you have significant equity in the home. That said, if you file for bankruptcy under Chapter 7 in Indiana, you will lose your home. Therefore, if you want to keep your home, consider getting a better job and file for bankruptcy under Chapter 13.
Chapter 13
If you have a meaningful job with a decent income, you may be able to afford a payment plan. After filing for bankruptcy under Chapter 13, you will need to draft and present a decent payment plan to your creditors. Once approved, you will get the court’s protection from your creditors. Even if you had defaulted on your mortgage payments, a Chapter 13 filing will temporarily halt foreclosure, which means you can retain your home. Since no assets are sold in Chapter 13 to pay off debts, you can be assured of retaining all your assets, including your home. In short, you cannot lose your house if you file for bankruptcy under Chapter 13 in Indiana. Be sure to consult a competent bankruptcy lawyer in Vigo County, IN before filing any paperwork.
What if the Property Owner Won’t Pay Me for My Slip-and-Fall Injuries?
Slip-and-falls account for a large number of injuries sustained by individuals every year. If a case occurred on another’s premises, then it may be possible to launch a personal injury claim with the aim of getting compensation for damages. The money can be used to cover the medical costs and other expenses brought about by the accident.
Of course, all these are easier said than done. Not all cases are clear-cut. Not all parties will admit to fault and pay for the damages outright. So, you may be asking, “What if the property owner won’t pay me for my slip-and-fall injuries?”
Obtain Proof of the Injury
Whether you try to settle or go to court, you will have to provide irrefutable proof that you were indeed injured. It will not be enough for you to say that you were injured, as the defendant may simply accuse you of bluffing. You must get medical records that show the injurie; it is prudent for any injured person to go straight to a hospital and get the doctor’s evaluation. All the results will prove to be vital in a court case. Get proof that it happened on the premises as well.
Determine the Liable Party
Sometimes this will be straightforward, but other times it can get complicated. For example, you got invited to your neighbor’s celebration and you slipped on a puddle in their backyard. If your neighbor owns the land, then he should shoulder the responsibility for what transpired. On the other hand, this might be a totally different case if you were shopping at a store and slipped due to a slippery floor. The store owner might not actually own the land, but just rents it, or the store could be owned by a big corporation that has multiple branches across the country. It can be difficult to determine who to sue.
Establish Their Obligation
You need to establish that the defendant has an obligation to keep you safe. If you were invited for a celebration like the example above, then the property owner (your neighbor) actually wanted you there. He is obliged to keep the guest safe while under his care. The same might not be true if a trespasser was injured while attending the party since he is not welcome there. As for commercial properties, their doors are usually open to people while they are doing business. Stores should keep their customers safe while shopping on their premises.
Prove Their Negligence
Injured persons will then have to prove that the property owner was negligent in his duty to ensure his safety as a guest. The help of an injury lawyer in Baton Rouge will be invaluable in building a strong case and ensuring that proper compensation is obtained in court.
Post-Divorce Checklist
The divorce procedures are not always complete after you’re officially divorced. There are quite a few things that still need your attention before you can take that glass of wine and celebrate. Even though a settlement has been made, a judge must sign off and declare your divorce official. Based on your location, this process could take several weeks to several months. There is no definite time period since things involving the court usually take longer than you might expect.
Post-Divorce Checklist
The first things you should do post-divorce is to make sure you receive and relinquish all things you initially agreed to in the divorce and update all your accounts to make sure they reflect your current status. Below are some more things you should consider doing to get your life organized post-divorce.
Study Your Settlement
Read and note down everything related to your divorce settlement and learn things your ex-spouse and you must complete. This stage could entail transferring assets or money, completing a QDRO, and/or creating custody schedules.
Make a Calendar
Divorce settlements usually have multiple dates. Some dates could happen every year over the next decade, while others could be wrapped up within a week or two. It can be challenging to stay on top of all the different dates, therefore, is wise to create a calendar and stay organized.
Setting Up Your Fresh Start
Quite a few people find it hard to lead a new life after divorce, as they do not seriously ponder over the several elements that are required to start afresh again. Many of those things are tedious to begin with, but they are important, and you just cannot overlook them.
Check Your Credit Status
Always go through your credit report to make sure all things on it make sense. If there’s a problem, look for solutions right away. Close active joint accounts even if the balance is zero. Several years later, these joint accounts could pose problems. In case there’s an outstanding balance and the account can’t be closed, look if freezing it is an option. Most lenders are quite willing to assist customers who have a divorce settlement case looming over their heads.
Create New Financial Accounts
After your divorce, it’s wise to create new bank accounts. Your ex-spouse could still have access to your current account numbers, favorite pet’s name, social security number, and all conventional security queries that financial institutions usually ask. A financially strapped or vindictive ex-spouse could try accessing those prior accounts.
Other Measures
Update your estate planning and will documents. Also, check who is the beneficiary on all your financial accounts such as bank account, insurance policies, retirement account, and pension plans. When you get married, your spouse becomes the beneficiary by default, but these accounts don’t take note of your divorce or change the beneficiary settings automatically. You’ll have to do that yourself. A divorce attorney in Rancho Cucamonga would guide you through this process.
How Do Personal Injury Lawyers Help Clients?
If you have sustained an injury that was no fault of your own, you might be wondering if you should file a personal injury claim. If the negligence of another party has contributed to your accident, you are likely entitled to receive financial compensation from that party.
Also known as damages, financial compensation can include the costs of any accident-related medical treatment or recovery, property damage, pain and suffering, and missed wages due to time away from work. Personal injury lawyers can help clients in numerous ways.
Hiring a Personal Injury Lawyer
One of the best things you can do in the process of filing a personal injury claim is to enlist the help of an experienced personal injury lawyer like Crain Lewis Brogdon, LLP. Your personal injury lawyer will assess your case and advise you on how best to proceed. They will collect all pertinent paperwork, such as medical information and witness reports and ensure that it is filled out correctly and filed on time. With a personal injury lawyer advocating for you, your claim will not face any delays due to missed deadlines or a document being filled out incorrectly.
Pre-Litigation Preparation
Your lawyer will prepare you on how to best answer questions in the event of a deposition or your claim going to trial. In the event of an independent medical exam, your lawyer will help you anticipate the kinds of questions you will be asked and how to answer them in the best interest of your case. Your lawyer will know your case’s strengths and weaknesses and will build your case around maximizing the pros and minimizing the cons.
Demand Letter
For a personal injury claim to officially begin, a letter of demand must be written by the plaintiff to the defendant. In this letter, you will clearly state your intent to pursue damages for your injury. Your lawyer will advise you on an appropriate amount of money to request and what to expect in return. With the assistance of your lawyer, you will draft this letter and wait for the defendant’s response. Should the defendant or their insurance company refuse to pay or refuse negligence for the accident, your claim can become a lawsuit and potentially go to trial; in that event, your lawyer will assist you in all trial preparation and compiling all necessary documents.
Personal injury lawyers can help you in several ways. From assessing your case to advising on what kind of compensation you can expect to taking the claim all the way to trial, having a competent personal injury lawyer advocate for you is invaluable.
Not only will your lawyer assess your case and advise you on how best to proceed, they will know every step that needs to be taken to ensure the lawsuit is processed with strict adherence with the law. If the defendant is not accepting negligence, your claim becomes a lawsuit and becomes even more complicated. Being injured in an accident is a stressful and emotional event. Having the help of a personal injury lawyer can help make the process of seeking damages as efficient and stress-free as possible.
