What Kinds of Injuries Are Not Covered by NC Workers Comp?
Being injured at work is not a situation you hoped to be in, but in most situations, your injury will be covered by your employer’s workers compensation insurance. Almost any injury that occurred at work or because of your work duties will qualify you for benefits under workers compensation.
There are always exceptions, however, so it’s a good idea to read up on what types of injuries and situations will not qualify you to collect benefits under workers comp. For instance, if you are injured while either engaging in horseplay or fighting at work, you likely won’t be covered.
What Types of Injuries or Circumstances Are Not Covered by Work Comp?
There are other situations where your injury won’t qualify you to collect benefits. Let’s examine a few of those.
If you are injured while commuting to or from your place of employment and are not technically “on the clock” yet, you might not be eligible for benefits. Some employees, such as those who drive for work, might still qualify for benefits, however. It’s best to check with your employer or with an attorney.
When your injury took place during a lunch break in which you were not on the clock, you might not be eligible for benefits. In some cases, such as when you’ve been injured during a “working lunch,” you might qualify for benefits.
Injuries that occur during breaks where you left the premises and were not on the clock will likely not qualify you to receive benefits.
If you are injured while engaging in illegal activity—whether you are on the clock or not—you will likely not be able to collect workers comp benefits in North Carolina. For instance, this would be the case if you were driving for work but were simultaneously under the influence and then injured in a vehicle crash.
Workers compensation laws will not cover certain instances in which an employee was hurt during a team-building activity. You should check with an attorney to see if the activity would be covered.
Need Help from a North Carolina Workers Comp Lawyer?
Workers compensation can be complicated, and some cases are less clear-cut than others. You might strongly believe that your injury should be covered by work comp laws, but the insurance company might believe otherwise. They could even deny your claim, so it’s advisable to have an attorney’s help with your claim.
Partnering with an attorney, such as Ricci Law Firm, P.A. workers comp lawyers, can be a big help when submitting your work comp case. They can assist you in investigating your workplace accident, gather proof for the insurance company, and deal with the insurance company on your behalf. If your claim is denied, your attorney can also assist you with an appeal.
Public Defender or Private Attorney for Criminal Charges in TN?
An enormous number of people don’t hire a private attorney when facing criminal charges in Tennessee. This could be for a variety of different reasons.
Perhaps they truly believe they can’t afford an attorney, and that they must settle for a public defender. Perhaps they have the money, but think it would be a waste to pay for a private lawyer. They might even underestimate the seriousness of their charges and don’t believe it’s even necessary to hire a defense attorney.
Whatever the reasoning, it’s probably wrong. Private attorneys will often work with your budget, so chances are you can afford one. You should never underestimate the seriousness of your charges; even misdemeanor charges can change your life forever.
Not using a private attorney is usually not a good idea. It’s your future we’re talking about here. Nothing is worth more than that. Let’s look at how public defenders and private attorneys are different.
What’s the Difference Between Private Counsel and a Public Defender?
There is nothing wrong with public defenders. Many of them went to the same law schools that private defense attorneys go to, so how do they differ?
- Public defenders aren’t specialized. They receive cases in all different areas of criminal law, which means they are learning every time they get a case. They don’t have the knowledge needed to truly win your case because they have a more broad understanding of criminal law, and not a specialized understanding of, say, drunk driving laws.
- Public defenders have high case numbers—you’re just a number to them. It’s not that they don’t want to help you—it’s just that they don’t really have time. Many people who have a public defender don’t even meet their attorney face-to-face until their court date. This isn’t much better than representing yourself.
- Sometimes public defenders work closely with the prosecution. They know them well and work in the same offices. This can help you if you’re looking to get a good plea deal, but it doesn’t help if you want to avoid a conviction. The public defender will often recommend plea deals to you because they don’t want to go up against their “friends” in court.
- Public defenders don’t care whether they win or lose your case. They don’t have as much vested in it as a private criminal defense attorney does. Your private defense attorney cares about you and about winning your case. They care because their reputation is on the line. They care because they see you as more than just a number.
Don’t Know Whom to Call to Help with Your Criminal Matter?
If you need help with a criminal matter you don’t have to just assume that you can’t afford a private attorney. You should contact experienced Nashville attorneys to get an idea of your options. More than likely you can afford an attorney and it’s also very probable that you will need one to win your case
Public defense attorneys aren’t bad attorneys. They’re just overwhelmed by a system that is constantly handing them cases, whether they feel confident that they can handle that case or not. Criminal defense attorneys can be selective and choose cases they feel confident they can win. That makes them fight harder for you.
Can I Sue for a Car Accident in a Parking Lot?
When you hop in your car, chances are good that you’re being watchful, in case of an accident. You don’t want to deal with the aftermath of a crash, but you should be fine, once you’re in the parking lot, right? Unfortunately, your fellow drivers might not be so courteous, even in the parking lot.
That means you’re at risk of being hit by a dangerous driver, leaving you injured and suffering because of the other driver. So, can you sue them?
Suing someone for a parking lot accident can be tough, so you’ll need help on your side. Make sure you speak to your attorney can get the help you need to recover compensation for your accident.
Common Parking Lot Accidents
When you’re in a parking lot, it’s not uncommon to see minor accidents happening. As the parking lot is a crowded place, it can be tough to keep track of everyone looking for a spot or walking to their cars. As such, parking lot accidents can happen at any time.
In a parking lot accident, however, someone did hit your car and cause you damage or even physical harm. This is a serious incident, and you should be able to fight for the compensation you deserve.
If another driver did any of the following, you may be entitled to compensation after your lawsuit:
- Backing out of a space and striking another person or vehicle
- Clipping a parked car
- Striking another vehicle with a door
- Speeding
- Failing to stop at a stop or yield sign
When Can I Sue?
Unfortunately, it’s not so easy to seek compensation for your accident. Often, fault isn’t clear, and you’ll need to provide plenty of evidence to prove that the other driver was at fault. Often, though, the nature of the accident can help with that.
For example, let’s say another driver was pulling out of their space, and they hit your car. In most cases, other drivers have the right-of-way. If you were parked, that’s more proof that they were at fault for the accident.
If both vehicles were moving, it can be a little more difficult to find who’s at fault. Fortunately, your lawyer can help you find evidence. Many parking lots now have security cameras, for example, or there may have been eyewitnesses to the accident. Either of these can help you fight back against accusations of fault.
Proving fault isn’t always easy, but it can help you recover from your accident. You’ll need proof to protect your claim and get your compensation.
Fighting for Parking Lot Accident Compensation
Unfortunately, a parking lot accident can leave you reeling for some time after the accident. Your car is damaged, and you don’t want to pay for the damage you didn’t cause. So, you’ll need to file against the other person, but how?
With a Boca Raton auto accident attorney, you can get the compensation you’ll need to recover completely. It’s not always easy to recover, especially if you’re struggling to find evidence that they were the ones at fault. Fortunately, your attorney can help.
If you’re struggling to deal with a car accident in a parking lot, keep in mind that you do have options for recovery. Get the help you need suing the other driver, so you can recover the full compensation you deserve.
How Does the Michigan Offer in Compromise Program Work?
Benjamin Franklin once said, “In this world, nothing is certain, except death and taxes.” However, changes in the tax laws are proving that famous quote wrong. A Michigan Offer in Compromise allows you to negotiate an amount less than what you owe to the State of Michigan.
Do I Qualify for a Michigan Offer in Compromise?
As an individual, there are three ways to qualify with the state.
Doubt of Liability: The tax debt does not belong to you. It may belong to a former spouse, someone with a similar name, or even is simply a clerical error.
Doubt of Collectability: You are unable to pay the tax debt and attempting to would be a severe burden on your family. This situation is expected to be long term.
Federal Offer in Compromise: If you have an approved Offer in Compromise from the Internal Revenue Service for the same tax years, the State of Michigan will work with you. Usually this means accepting the same percentage discount that the federal government did on the debt you owed to them.
Once you have determined your eligibility, contact a tax lawyer in Michigan. Together you can fill out the appropriate forms to file. You will need to provide proof as to why you do not believe that owe the money, complete a worksheet proving payment would bring economic hardship to your family, or proof of an accepted Offer in Compromise with the federal government.
You will also complete Form 5181 with your tax attorney. This form states the amount you are willing to pay. Your attorney can help you determine an appropriate offer amount.
In addition to attorney fees, you must be prepared to offer a 20 percent down payment on your offer. In other words, if you are offering $1,000 on a $10,000 tax debt, you must enclose $200 (20 percent of $1,000) with your offer.
Be aware that this payment is non-refundable, even if your offer is denied. It will, however, be applied to your total debt owed no matter what the result.
What Can I Expect Next? How Long Does It Take to be Approved?
While the program can be a lifeline for many taxpayers in over their heads, it is not a quick process. Depending on how busy the state of Michigan is, it can take up to six months to process.
Sources:
https://www.irs.gov/payments/offer-in-compromise
https://www.michigan.gov/taxes/0,4676,7-238-74531_43515_68920—,00.html
Jail Time for a DUI in Florida? It’s Possible!
Every state has toughened up their DUI laws over the years, and Florida is no exception. The days of a cop asking you if you’re okay to drive home are long gone from both a revenue collection and a legal liability standpoint. The fact is simply that you are in a lot of trouble if you get pulled over for a DUI in the Sunshine State.
Of course, like other states, Florida does offer some leeway with regards to a first offense DUI, especially if there is no bodily harm or property damage involved in the incident. In Florida’s case, drivers are sometimes allowed to plead guilty to what is known as a “wet reckless,” which is reckless driving while under the influence of alcohol. These pleas are rare, and getting increasingly so, but they are designed to offer some degree of “fair warning” to someone who just made a single mistake in their life. Yet, even this escape hatch can later be construed as a drunk driving conviction if the violator ever does it again.
It is this process of escalation that can lead to someone facing significant periods of incarceration. Most first time offenders are let off with heavy fines and large amounts of community service and/or DUI classes. Once a driver repeats the offense, however, the risk of jail time quickly adds up. Even worse, what was initially handled as a misdemeanor turns into an increasingly serious level of felonious conduct if it keeps happening or if damage occurs.
Indeed, the threat of jail time soon becomes the promise of jail (or even prison) time as repeat violations add up. As a result, it behooves anyone who is facing an alcohol-related charge in the state of Florida to consult with qualified DUI lawyers, Many people simply do not understand the increasingly-complex ladders of escalation that are built into most current DUI laws. Even a borderline case that a motorist might regard as “no big thing” can set the stage for the next “no big thing” to turn into a free vacation in the Gray Bar Hilton.
Since all DUIs result in legal paper trails that can adversely affect one’s job prospects as well as their insurance rates, it is always in the best interest of the defendant to fight these claims to the best of their ability. You might think that simply “manning up” and admitting your mistake is the decent and moral thing to do, not to mention less expensive than hiring a lawyer, but you would be wrong in the extreme. Save your future and consult with a DUI lawyer before you do anything else.
https://criminal-law.freeadvice.com/criminal-law/drunk_driving/florida-dui-jail-time.htm
Why Do Semi-Trucks Crash So Often?
It’s obvious to every driver on the road that 18-wheelers are dangerous transportation vessels—one wrong move and disaster will result. But why are tractor-trailers so dangerous?
The vehicle itself isn’t the problem so much as human error is, and in order to reduce commercial trucking accidents everyone involved in the industry must make safety the number one priority.
Some Common Reasons for Big Rig Collisions in California
Tractor-trailers can crash for a number of reasons but most of those reasons will involve negligence. It’s not too often that a freak lightning strike causes a crash—it’s almost always the fault of a human somewhere down the line.
It’s not always the truck driver’s fault, but another human that was somehow connected to that vehicle could be to blame. See below for a list of common factors that cause tractor-trailer wrecks.
- Driver fatigue
- Drunk driving
- Overloaded trucks
- Speeding
- Poor driving conditions
- Oversized trucks
- Failure of breaks
- Aggressive and/or reckless driving
- Poor training
- Mechanical errors
- Defective parts
- Inexperienced drivers
What Can be Done to Make the Roads Safer?
Much can be improved upon to make the roads safer, especially with regards to the commercial trucking industry.
For instance, driver training should be extensive and background checks should be regular. Those caught driving intoxicated should have their commercial drivers licenses revoked. Trucks should never be overloaded and speeders should be promptly dealt with.
The most important thing that should be done to increase safety is to follow the rules of the road. Always keeping these factors in mind is paramount to everyone’s safety.
Another thing that can be done to stop these types of serious accidents from occurring is to hold accountable all those whose negligence has caused accidents.
For example, mechanics must be held accountable when they fail to properly maintain a semi-truck. Also, manufacturers should be held liable when defective parts lead to injuries. Reckless drivers must be held responsible. The list goes on. How do you hold these negligent parties accountable? You must file a personal injury case against them.
Why Should I File a Personal Injury Case for a Big Rig Crash?
Filing a personal injury case will make it possible to change legislation involving commercial trucking. It can also protect others from injury. If you’ve been injured, then filling a claim can allow you a chance to receive justice for your injuries and compensation to pay for all your losses and suffering.
Filing claims may seem difficult but there’s no reason you have to file your claim on your own. There are Riverside truck crash attorneys you can contact who can help you with your case. The only way to make changes in this world is to actually do something. In this case, you don’t even have to do it alone.
Remember, always watch out for semi-trucks and drive defensively, so that you can avoid a collision if possible. If you’ve already been injured then fight to protect others and help make better safety a priority in the commercial trucking industry.
Benefits of Family Mediation
Dealing with a divorce isn’t easy. Your family is separating, and you’ll need to make several major decisions. From splitting your property to splitting time with your kids, the decisions can be overwhelming.
Worse, you’re already dreading your day in court. You don’t want to fight against your former spouse, but you’re concerned that you’ll have to. Fortunately, family mediation is an option that can save you and your family some heartache.
When you and your spouse are considering a divorce, you want to make it as easy on yourself and the rest of the family as possible. So, reach out for help when you and your family are struggling with a divorce.
Avoiding Litigation
Avoiding a long dispute in court is already an appealing option for many people. You might still be amicable with your former spouse, for example, and you don’t want to fight against them. Unfortunately, the image of divorce many of us have are long days of fighting in court.
You likely have already thought of divorce that way. You and your spouse would be on opposing sides, and you’ll each be arguing to get as much of your shared property as possible. Fortunately, divorce today doesn’t have to look like that.
If you and your spouse want to compromise and come to an agreement that helps you both, reach out to a qualified family mediator, who can facilitate that.
Resolving Disputes Out of Court
Still, you might have some disputes to resolve with your spouse. You might be undecided on who will get legal and physical custody of the children, and you might be struggling to make that decision. Even so, you don’t want to go through the emotionally-exhausting process of proving that you should have custody.
Family mediation can solve these disputes without needing to fight. With a mediator, you can sit and reach a compromise to present to the judge that makes you both happy. For example, their other parent might have more time and live closer to the child’s school, but you want to see your child. In this case, your mediator would help you work out a plan for joint custody.
Mediation Makes Divorce Easier
When you and your spouse first decide that divorce is your best option, it can feel frustrating and hopeless. You’re already dreading fighting them, but it seems inevitable. Most media showing divorces suggest that it’s a painful, frustrating, sad process.
By choosing mediation over litigation, you have a chance to avoid that. You can get the fair property split you deserve, a compromise for your children, and the amicable split you want. With a mediator, you can protect your assets. If you’re considering a divorce but don’t want the worries and pain of litigation, speak to a family mediator about your claim.
Owner Liability for Dog Bites
Are you liable if your dog bites someone?
Yes, you are liable.
In most American states, there are strict liability dog-bite laws that stipulate owner liability for dog bites. Thus, you are financially responsible for dog bites caused by your dog irrespective of your dog’s history or carelessness.
Dog Bite Statistics are Shocking
As of 2016, there were over 75 million dogs in the US. Each year, there is an estimate of 4.5 million dog bites. Over 900,000 dog bites cause an infection.
Every year, a dog bites one out of every 72 Americans. Around 1% of visits to the emergency department in the US are because of dog bites.
In 2014, dog bite victims in America obtained over $500 million in claims. As a dog owner, you need to keep your dog safe because there is owner liability for dog bites. Thus, you can end up paying a lot of money to a dog bite victim.
Types of Dog Bite Injuries and Diseases
Over 55,000 people die every year because of rabies. The primary cause of rabies is dog bites. These also cause tetanus.
Facial Injuries
A dog bite can cause facial injuries. A dog bite scar can be painful, disabling, and disfiguring. It can interfere with hearing and sight. Children are at risk of suffering facial injuries because of dog bites.
Amputation
A bite that affects tendons, nerves, and bones can result in an amputation. The victim can lose a toe, foot, hand, or arm.
Infection
Infection is the greatest risk of an animal bite. An infection can be life-threatening. If there is redness around a wound accompanied by a fever, there is the need for immediate medical attention.
Dog Owners Have to Pay Damages for Dog Bites
Every American citizen has rights. All Americans are entitled to safety. You should stay safe from bodily harm as long as you are not a criminal or infringing on the rights of other people.
A dog bite is a serious bodily harm. A dog bite victim is entitled to financial compensation from the dog owner responsible. The compensation sum will cover medical costs. It will also cover the mental and physical suffering because of the bite. Dog bite victims need dog bite lawsuit help.
The Bottom Line
A dog bite constitutes personal injury. The law provides legal remedies to personal injury victims. This is usually financial compensation. One can seek compensation through a court or negotiation process.
References:
https://en.wikipedia.org/wiki/Dog_bite
https://www.caninejournal.com/dog-bite-statistics/
Missouri Car Accident Laws
There can be many reasons why a car accident occurs, including distracted drivers, vehicle malfunctions, or even outside sources, such an animal crossing the road or debris in the road. While there are definitely numerous reasons why an accident can happen, in the state of Missouri, determining who is at fault for the accident will play a big role in any settlement for damages or injury.
Missouri car accident laws require that every driver maintain at least some type of liability insurance. Unfortunately, because there are some drivers who simply do not follow this law and leave other drivers at risk because they have no insurance, Missouri also requires that drivers carry uninsured motorist insurance. This insurance is intended to help cover expenses related to an auto accident where the other party has no insurance.
Missouri is an at fault state, meaning that the person who is deemed at fault for the accident will be the one whose insurance company will have to pay for any injuries, damages, or lost wages. Fault can also be split between the parties if both parties are found to be partially responsible; this at fault responsibility can vary, depending on how much each party contributed to the accident.
Experienced car accident attorneys in St. Louis, Missouri will be able to help you understand the at fault part of your auto accident and can even help present your case in the best way possible in order to lower the amount you are found to be at fault. It’s important to work with an experienced attorney, and gathering the right information from the beginning can certainly help.
Many car accidents in Missouri won’t require an accident report; you can simply contact your insurance company. However, in some cases, you will need to file a report with the DMV. For example, if you’ve had a previous accident in Missouri within the past year and a party in the accident didn’t have insurance, and there was either a death, $500 in damages, or someone involved in the accident was injured, then you’ll need to file an accident report with the Department of Motor Vehicles.
In Missouri, drivers involved in an accident are required by law to move their vehicles off the road, if possible. Once vehicles are safely out of the way of other drivers, check to see if anyone was injured; then, call the police and exchange personal information with the other party. Make sure to get the other party’s name, address, driver’s license number, VIN and plate number, as well as the name of their insurance company and the policy number.
The amount of money that you’ll be able to recover following an auto accident will be determined by the breakdown of how much each party is at fault. An experienced attorney who handles car accident cases in Missouri can help protect you by gathering important information to establish the other party’s fault. Whether it’s interviewing witnesses or taking photographs, the more information your attorney is able to gather, the better they will be able to defend your case.
Sources:
https://en.wikipedia.org/wiki/Traffic_collision
Getting Justice for a Wrongful Death in Virginia
Losing a loved one is never easy. When their death could have been prevented if it weren’t for the irresponsible or wrongful actions of another, it can be even more devastating. Fortunately, you may have the opportunity to bring them to justice for the harm they’ve inflicted on you and your family when you bring a wrongful death claim against them.
If your claim is successful, you’ll be able to recover compensation for some of the damages you’ve endured due to the death of your family member. Below, we discuss the statute of limitations for wrongful death claims, which relatives will be able to file the claim, and the benefits you may be able to include in your civil lawsuit.
Filing Your Claim Within the Statute of Limitations
First and foremost, you need to make sure that your claim is filed before the statute of limitations runs out. In Virginia, the statute of limitations for wrongful death claims is two years from the date that your family member passed away.
If you fail to file your claim in court within this two year timeframe, your case will no longer be able to be heard in a court of law, and you will be unable to hold the at-fault party accountable for their actions.
Who Can Pursue a Wrongful Death Claim?
Virginia law is very strict in regards to who may file a wrongful death claim. Those who are able to file are referred to at “statutory beneficiaries” and include the family members and dependants of the decedent. But not every family member can file a claim.
The surviving spouse, children and grandchildren of the deceased will have the first opportunity to file, followed by their parents and siblings or anyone else who shared the same household and was dependant on the decedent. If none of the above apply, anyone in the family who would have inherited the deceased’s estate can pursue compensation in a wrongful death claim.
However, there are exceptions to these laws. For example, if a parent abandoned their child at any point in their childhood and upon their death, the parent attempts to file a wrongful death claim, they will not be allowed to pursue compensation for the loss of their biological child.
What You Can Expect from Your Benefits
There are any number of damages that can be included when calculating the value of your wrongful death claim. Some of these different losses could be the medical expenses the decedent incurred prior to their passing, mental anguish, lost wages and damage to potential future earnings, punitive damages, the funeral and burial expenses, the loss of companionship, guidance, and care, among other losses.
Your attorney will discuss the ways your family’s life has been impacted by the loss of your loved one in depth so that you can ensure that every single damage is accounted for.
Work with a Virginia Wrongful Death Lawyer
If you’re ready to take the leap and pursue the compensation you and your family need to pick up the pieces of your life, you can bring a wrongful death claim in Richmond, Virginia by getting help from a qualified wrongful death lawyer. Your attorney will be able to advise you after discussing the details of your case in your initial consultation.
