Truck accidents can be tough experiences for all parties involved and when it comes to claiming for such accidents, it is a much more complex aspect of the law than a standard vehicle accident. With this in mind we are going to have a look into some of the most frequently asked questions regarding truck accidents and try to offer you some solutions to any queries which you may have surrounded this.
What if You Were at Fault?
You may be asking yourself ‘what if I was at fault in a Michigan truck accident’ and wondering whether you are able to still claim. The only time that this would be the case is if the accident fell under the banner of split liability. In this kind of situation, it would have to be proven that there was shared culpability between you and the driver of the truck. If this cannot be proven then you will be considered as liable, and you will not be able to make a claim.
How is Compensation Decided?
When it comes to deciding on how much compensation must be paid to the victim, the courts will look into two main factors. The calculation of compensation will come down to which area of the body was injured, and how severe the injury was. There are 5 levels of injury severity and medical professionals will assist the courts in identifying which category the victim’s injury falls under.
What Are the Most Common Causes of Truck Accidents?
In the large majority of truck accident cases, it is the driver of the truck or the driver of the vehicle who is most commonly at fault. Fault could come down to speeding, dangerous driving or an impaired driver. In fewer cases we see that the fault is that of the trucking company which may have poorly maintained vehicles, or which has made mistakes in loading the truck, resulting in the injury.
Is There a Crime?
In most cases where the driver is at fault, there is not a crime attached to this, as careless driving is not in itself a crime. With this being said however is a driver is impaired because of drugs or alcohol, or if they do not have a license, they can certainly be charged with a crime.
Does Jackknifing Mean There is No Liability?
This is a common myth which we hear regarding these accidents, that if a truck has jackknifed it means there is no guilt. If the truck has found itself in this position because the driver was looking to avoid an accident, then there will be no liability there. If however this has been caused because of reckless driving, then there will certainly be a case to answer. There are no guarantees in this area of the law because of the fact that every case is different.
Any more questions you may have, don’t hesitate to mention them in the comments below and we will try and answer them for you.
As a startup founder or business owner, the hunch you have about seeking legal advice over some issue is probably a clear indication that hiring a lawyer is necessary. However, there is also the financial burden that comes with securing the services of a competent business attorney. The costs might make you have a rethink and brush off the hunch altogether.
But trust me, the future of your business or startup sits in the libra hinged on the decisions you make regarding legal matters. This article will help you attain legal security for your business while reducing the accompanying costs to the barest minimum; so, come along!
Identify the present legal needs of your business entity
If your business is well on the way and gets sued by either the government or private entities; then, the services of a competent full-time business attorney would be required – at least for the period the suite lasts. The bills for the high of such qualified counsels are usually huge and might have to be covered by insurance.
But as a startup, contracting a lawyer for legal advice from the very onset is likely to save the business from any future lawsuits, which in my opinion, is relatively cheaper.
Get some legal and managerial education
No, I do not mean having to apply for a full-time MBA or law practice. But as a business startup founder, it is crucial for you to know at least sketchy details of business law and how to do general documentations. Though business attorneys will have to handle the significant legal activities, the founder or business owner should not be ignorant of the legal implications of actions and inactions of their business entity.
Here are some tasks that an average business owner (startups mainly) should be able to perform without having to hire a lawyer:
1.Sketching a business proposal
Any individual with an average level of education and access to the internet should be able to craft a good business plan; without having to run off – to find legal assistance.
2.Develop the basic brand model for the business
As a business grows, employing the services of a brand manager is likely to become inevitable. But the onus lies on the business owner or founder to ensure there are no trademark, name, or domain name conflicts.
3.Application for Incorporation
During the process of obtaining a license of incorporation, regulatory bodies provide the pros and cons obtainable with all available business structures. So, there is a need to decide the best fit of organizational structure for present realities and prospects of the company and accordingly applied for by the entrepreneur. It as easy as getting a driver’s license; such does not require the headache of hiring an attorney.
4.Keeping your tax records straight
It might be necessary to routinely get a lawyer to check your tax records as a paid package that includes other consultative activities. But a business owner should be able to ensure prompt remittance of tax and appropriate bookkeeping, either personally (for startups) or in the proxy (for large corporations).
Melissa Sugar attorney started her career as an assistant State Attorney in Clearwater, Florida. She worked there for about four years and got the best trial experience. Her training gave her the confidence to become one of the most powerful female attorneys in Louisiana. From 1996 to 2002, she worked as an assistant district attorney for Desoto Parish. She successfully prosecuted hundreds of felonies including Capital murder. She sustained a death penalty verdict for a high profile case, State v/s Michael Taylor and State v/s Timothy Taylor. Melissa Sugar attorney was the Chief Assistant District Attorney for Bossier Parish from 2002-2006. She was in charge of all violent crimes and tried about 20 homicides and was successful in each trial. One of her high profile cases was State of La. Vs Jocelyn Dooley. The case gained national media attention and she was extensively interviewed for nationally aired television show called -Snapped-. Melissa Sugar attorney has also been featured several times in SB Magazine’s annual Top Attorney’s Edition.
Melissa Sugar attorney graduated from Ole Miss in 1988. After taking a year off between college and law school, she began law school in 1989 with a full academic scholarship. In the year 1992, she graduated Cum Laude with a 3.4 G.P.A from Thomas M. Cooley Law School with honors on the top 5% of her graduating class. She has been listed in Who’s Who of Law Students and was graduated at number 6 out of 143 students. While attending law school, she was accepted for a clinic program called The Sixty Plus, Inc. Elder Law Clinic, which is a two-term in-house, live client, nationally award-winning clinic providing quality free legal assistance to senior citizens in Michigan. Melissa Sugar attorney was the only student to participate in an extension of the Sixty Plus Inc. Elder Law Clinic and she was asked to remain for a third term of the Medicare Part Three cases for clients and to draft proposed amendments of the Medicare Part C Plan for presentation to the Michigan State Legislation. She was also accepted to attend a semester of law school through the Tulane Law School on the Greek Isles.
Melissa Sugar attorney also supports a number of charitable organizations such as St. Jude’s Cancer Research and the Neo Natal Intensive Care Unit.
According to the newly published survey, “Future of Legal Process Outsourcing (LPO), 87% of in-house counsel noted that it is more difficult to manage legal risks related to company data than compared to five years ago. Additionally, 69% of those surveyed say they have seen an increase in spending on managing legal risk and compliance over the last five years. The survey was conducted by UK legal journal Legal Business in partnership with Clutch Group in December 2013 and received responses from over 200 senior in-house lawyers in the UK, Asia, and the US.
The Legal Business survey also revealed that LPOs have a large role to play in helping companies tackle large data and help companies mitigate risk. Highlights of the survey include:
*80% of respondents say they expect to see the Legal Process Outsourcing industry expand and improve its services over the next five years.
*58% of respondents say that LPOs and law firms need to work together on compliance and risk matters.
*37% of in-house lawyers say that LPOs are better equipped than law firms to use advanced technology and to use data and risk analytics.
*In-house counsel are using LPOs primarily for investigations and due diligence exercises; general litigation support and eDiscovery are close seconds.
*The UK LPO market is less developed than the US: 38% of UK-based respondents say they have used LPOs for legal work, compared to 50% in the US.
*An increase in the level of civil litigation is seen as the biggest driver behind rising legal costs. Greater scrutiny from regulators is close behind.
According to Alex Novarese, Legal Business’ Editor-in-Chief, “Our survey demonstrates the tremendous challenges and pressure facing today’s in-house counsel. From rising costs to exponential growths in data, in-house counsel are looking for efficient and cost-effective strategies to manage these new realities. If alternative providers can satisfy blue-chip clients – and a sizeable group of clients report that they do – they will keep moving up the value chain.”
These survey results and comments are in line with a number of expert predications that the next five years will see new market disrupters that begin to change the fundamental nature of legal service delivery. These new LPOs will not just focus on lowering the cost of legal services, but will try to reinvent the model altogether. There will be continued experimentation in developing new platforms for delivering legal services that will allow in-house counsel to focus on high level advisory work rather than routine assignments work. In all, the future looks bright for the LPO industry.
Check more info about: Legal Conferences in New York And Twitter – Global Outsourcing Association of Laywers
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The number of accidents involving trucks and motorcycles, as well as cars, is increasing and the lawyers at the seattle personal injury lawyer law firm are ready to help. They understand how important it is for a family to have qualified legal help when a loved one has been hurt while in a vehicle. No one is ready for the sudden changes the family has to account for when someone is hurt. Medical bills start adding up quickly and income is often lost. To make matters worse, those who are responsible for the accident are often hesitant to admit anything or take responsibility. This can make it difficult to get the compensation the family needs.
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Electronic mediums lend themselves to informality. When people forget that electronic messages are actual records of communication that can be used in court, this can lead to serious legal trouble. Whether it’s an email or a Facebook comment, electronic messages can be used in legal disputes in the same way that paper records have been used in court for decades. >
Electronic Messaging at the Office
It’s never a good idea to mix personal uses with company email systems or electronic message boards. Tracking whether an employee is using email for personal use instead of working is harder than, say, tracking whether he’s using the company phone for personal use. But using company electronic messaging systems for informal purposes can make employees careless. Gossiping via email can lead to libel and harassment issues that can escalate to serious legal disputes.
It’s important for employers to put in place a solid electronic messaging policy. Outlining the proper uses of company electronic messaging systems and drawing a clear line between work and personal uses will save companies a lot of trouble in the future. It’s important for both employees and employers to remember that just because you erase a sent email, it does not mean that that email cannot be retrieved. Any legal liability that can result from a written paper document can also result from an electronic message. Furthermore, third parties can seek legal action against an employer as a result of the electronic messaging activity of the company’s employees. These activities may include libeling a rival company or violating spam laws. Electronic messages can also be used as evidence in sexual harassment suits and cases involving workplace slander and discrimination.
In terms of copyright issues that can arise from improper use of electronic messages, it’s key to remember that just because you have a published document saved on your computer as a PDF file, it doesn’t mean that you own it. If you so much as forward a copy written document to a friend or co-worker, it can be a violation of copyright law. It’s important to get legal discovery help to find out whether you need special permission from the publisher before you copy or share any piece of intellectual property.
Every health professional is required to follow specific standards when treating illnesses. Doctors check-up their patient’s health condition before giving prescriptions, and surgeons conduct an intensive assessment before letting their patients go under the knife. They scan their patient’s body, create impressions and cast images, and finalize medical procedures for surgery. Consultation and preparation are essential in carrying out medical operations.
Nevertheless, there are instances when mistakes and negligence comes into the fore. Physicians give overdose prescription to patients, surgeons inject unsterilized needle on the patient, causing viral infection, and Anesthesiologists miscalculate anesthesia mixture, leading to hypoxia. There are many medical malpractice cases in the United States and Canada every year. In most cases, doctors are robbed off their license to practice medicine. Others, however, are able to surpass the legal test and retain their license.
In Ottawa, personal injury lawyers prove a medical malpractice claim in four grounds. These are duty of care, breach of duty, patient injury, and causation. Lawyers must be able to prove an existing relationship between the patient and doctor; this will prove that the patient has given the doctor the right to administer a medical treatment. In cosmetic surgery cases, the patient must have requested the doctor to make some changes to the original body contour or facial structure. A positive patient-doctor relationship must exist between the plaintiff and defendant.
After this, Ottawa personal injury lawyers must prove that physicians have defied the standards of care in performing medical procedures because of carelessness, lack of focus, or fatigue. In legal terms, this is called breach of duty. Any deviant act during the entire medical procedure can be also be considered as breach of duty. This is one of the most difficult grounds to establish in personal injury cases.
Moreover, Ottawa personal injury lawyers must prove that the breach of duty has caused injury to the patient. For instance, a lawyer must be able to verify that the wrong anesthesia mixture caused the hypoxia of the patient. Otherwise, the legal claim is null and void.
The burden of proving medical negligence lies solely on the personal injury lawyer Ottawa. Similarly, one’s client must be able to present the damage in court. This way, the court can consider the claim as meritorious.