Professional Liability


Two Challenges You May Face Filing A Workers’ Comp Claim For Carpal Tunnel

Posted by on 10:39 am in Uncategorized | Comments Off on Two Challenges You May Face Filing A Workers’ Comp Claim For Carpal Tunnel

Approximately 5 percent of the working population struggle with carpal tunnel syndrome. This repetitive stress injury can make it difficult to work and often requires surgery to treat. If you developed carpal tunnel on the job, however, it can be challenging getting approved for workers’ comp benefits. Here are two issues you may run into. Determining When the Clock Starts Every state limits the amount of time you have to file a claim for workers’ compensation benefits. In Georgia, for example, you have one year from the date the incident occurred to ask for compensation for your injury. The trouble with a carpal tunnel claim, though, is that the condition onsets gradually. This can make it difficult to determine when the clock starts for the statute of limitations. Some states time the deadline based on when symptoms of the disease become “readily apparent”. Unfortunately, this leaves a lot of room for interpretation since carpal tunnel shares many symptoms with other hand, wrist, and arm diseases such as arthritis. It would be really difficult to pinpoint when a person knew or should have know he or she was suffering from carpal tunnel. Other states look at when the employee was diagnosed with the disease, which is more reasonable and clear cut. Be aware that a doctor’s diagnosis can also be fraught with controversy, however. For instance, a Mississippi woman appealed a denial of benefits, claiming the statute of limitations clock started when a specialist performed a nerve conduction test confirming she had carpal tunnel. However, the court ruled the clock started when her primary care physician first diagnosed her three years prior to her seeing the specialist. Eventually, another court decided the clock started when a doctor ruled the injury was work related, which occurred about two years after her primary physician first diagnosed her. The best thing to do in this situation is to file your claim as soon as there is an official record of the problem (e.g. doctor’s diagnosis). Different Classifications Another issue that may arise in your workers’ compensation claim is how the insurance company classifies the injury. Some states see carpal tunnel as an occupational disease, while others may classify it as a workplace accident. This matters is because the burden of evidence differs between these two classifications. If carpal tunnel is considered a workplace disease, you have to provide a clear connection to your job, which can be challenging if you participate in other activities that could cause the condition. Workplace accidents, however, typically only require you to prove your job is the most likely source of your condition based on a preponderance of the evidence, which is generally a lower evidentiary threshold. In either case, the more evidence you have, the stronger your case will be. Collecting medical reports from as many healthcare providers as you can and hiring a medical expert to testify how your job may have contributed to your injury can be immensely helpful in your case. Contact an attorney, like one from Rizzi Law Group, for more information about litigating this type of workers’ comp...

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3 Reasons To Hire A Divorce Attorney As A Husband

Posted by on 3:48 am in Uncategorized | Comments Off on 3 Reasons To Hire A Divorce Attorney As A Husband

Going through a divorce is not a fun experience, in fact it is not fun for anyone. It can be especially difficult for a man. As a man you may be working against a stacked deck, so it is important to be strapped in and ready to go the distance. It can be emotionally, physically, and mentally draining for long periods of time. You are going to have to go through your everyday life with the divorce hanging over your shoulders. You should not go at it alone and allow a qualified lawyer to shoulder some of the burden. There are many different reasons that you should hire a divorce lawyer. What Is Important To You Face it, you are most likely not going to get everything you want in the divorce, and that battle can go on for a very long time. For this reason it is good to tell your lawyer exactly what you want out of the divorce. It is good to rank your priorities from greatest to least, and set very clear goals. If you have children and they are your top priority it is important that your lawyer knows this and knows to focus on custody. Make sure that your lawyer is ready to listen to your priorities and then go after those goals you set together.  Finances There is a very good chance that to start you as the man are going to be ordered to leave the home. This means that you are going to be responsible for all your new living expenses, but you most likely will be in charge of all of the old bills, child support and alimony. There is a good chance that you do not mind paying what is needed, but the courts could very well take advantage and force you to pay an unfair amount. You could be forced into the brink of poverty. A good lawyer will work to position you in the best financial situation possible.  Changes To Situation Do not think that just because the divorce is final that everything has to stay the same. You want to make sure that you have a good lawyer to help you through any changes that occur. You might lose your job, or have your hours cut significantly. You should not be responsible for as much support, but you alone might have a hard time proving this to the courts. A divorce attorney will be able to help you in this type of...

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When Your Divorce Is Done: If Your Ex Continues To Harass You Regarding Custody And Visitation

Posted by on 8:28 am in Uncategorized | Comments Off on When Your Divorce Is Done: If Your Ex Continues To Harass You Regarding Custody And Visitation

When you settle your divorce and agree to a parenting plan and visitation schedule, you should be able to expect that your ex is going to be fine with it. While this is generally the case, sometimes an ex is so bitter that they are unable to move on. If you find yourself being harassed by your ex, or you are denied parenting time, it is probably time for you to find a family attorney who can help you straighten out the mess. Your ex may try to change the custody arrangement, and this is very difficult to do unless they have substantial evidence of your inability to keep the children safe.  Follow the Custody Agreement to the Letter Take a hard look at your custody arrangement and follow it as closely as possible. You have to remember that you do not have to answer to your ex regarding what you do with the children when they are in your care. As long as you pick up the children as scheduled, bring them to school, and take care of their needs when they are with you, it is not up to your ex how you live your life with your children. If you have questions regarding the agreement, ask the court for clarification. If Your Ex Files a Custody Modification While it may scare you to receive a custody modification from your ex, it’s important to stay calm. Custody is not going to change unless there has been a material change in circumstances. If it has only been a few months since the custody order began, it is very unlikely that things are going to change. If you moved in with another person who has a substantial criminal record, or you have been charged with familial abuse, the judge can consider this a change. Your job is to keep your children safe while in your care, and as long as you are doing that there should be no reason for a change. If your ex continues to be contentious, making threats regarding custody, you need to seek legal help. A person who is flagrantly lying in an effort to gain full custody of your children is probably not going to stop any time soon. In order to protect your rights, it’s important that you get the support that you need. Going without an attorney, like one from Kleveland Law, can cause you to lose your rights, even if you’ve done nothing...

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Strategies For Fighting A Traffic Ticket

Posted by on 7:08 am in Uncategorized | Comments Off on Strategies For Fighting A Traffic Ticket

If you are someone that has received a traffic ticket that you do not think is fair, there is a good chance that you are going to try to challenge it in court in order to avoid having to pay it. If you are going to take time off of work to go to court to challenge the ticket, you will likely want to give yourself the best chance possible to be successful. Here are some possible strategies that you can use in order to increase your chances of being successful as much as possible. 1. Challenge the Views of the Police Officer This strategy is best used when you have a received a ticket for something that is relatively subjective. You want the police officer who pulled you over to have had to give an opinion about your actions. For instance, a police officer may have given you a ticket for making a turn that he or she deemed to be unsafe. However, unsafe is not necessarily an objective term and it should be relatively easy for you to challenge how fair his or her assertion was. Give your own version of the events and why you thought your actions were safe and responsible. This will bring the decision down to the judge’s discretion. If you are persuasive enough, the judge will likely side with your version of events. 2. Challenge the Observations Made You can bring in your own eyewitnesses, drawings of what occurred, and photographs of the intersection or area of the street where you were pulled over to help prove your point that you were actually acting within the bounds of the law, rather than having your actions be an offence that would merit being pulled over. If you can get access to a traffic camera, you can further increase how solid your case is. If you truly were not breaking the law, you need to gather as much information and evidence as possible to refute the observations of the police officer. 3. Show That You Mistook the Facts Finally, you can try to show the judge that you mistook the facts. For example, you might have run a stop sign because you did not see it due to the fact that it was covered with plants to the point where it was impossible to see. You can take pictures of the stop sign in order to prove your point. For more information, talk to a traffic...

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What Are The Different Types Of Immunity?

Posted by on 6:52 am in Uncategorized | Comments Off on What Are The Different Types Of Immunity?

Crime dramas often portray immunity as a blanket for all the crimes that a person commits in exchange for his or her testimony. In reality, immunity is not as cut and dry as seen on television. There are different forms of immunity and each one only offers so much protection to a person. If you are in a position to receive immunity, here is what you need to know.   What Is Use and Derivative Use Immunity? In criminal law, there are two types of immunity. The first is known as use and derivative use immunity. With this type of immunity, the prosecutor agrees not to use statements you make about a crime against you.   For instance, if you were involved in an assault with others, you could testify against the others without your words being used to prosecute you.   There is a catch though. If the prosecutors or law enforcement officers discover evidence that proves your involvement, you can be prosecuted for your role in the assault.   In addition to that, you could also face charges for any crime you testify to outside of the one you made an immunity agreement for. If during the course of testifying about the assault, you admit to robbing the victim, the prosecutor could opt to file charges against you for the robbery.   What Is Transactional Immunity? The second form of immunity is the one that is more like what you have seen on crime dramas. Essentially, it is a total form of protection against charges for anything you discuss during your testimony.   Using the previous example, you could testify to both the assault and the robbery and not face charges based on what you say during your testimony.   As with use and derivative use immunity, there is a catch to transactional immunity. If the prosecutor discovers that you have committed other crimes before or after the focused crime, he or she can charge you.   For instance, if the prosecutor learns that you also assaulted another person later the same night, you could be charged for that crime.   Before agreeing to immunity, it is imperative that you agree the terms of the conditions with your criminal defense attorney, like one with The Fitzpatrick Law Firm. He or she can help determine if the agreement is fair to you and request modifications to it, if necessary. Your attorney can also ensure that you completely understand the terms of the agreement so that you do not inadvertently end up hurting your own...

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Three Examples Of Cognitive Biases That May Lead To Diagnostic Errors

Posted by on 6:40 am in Uncategorized | Comments Off on Three Examples Of Cognitive Biases That May Lead To Diagnostic Errors

Diagnostic errors are some of the leading causes of medical malpractice. Some of the top causes of diagnostic errors can be classified under cognitive traps. A cognitive trap is an erroneous conclusion an individual makes when they analyze a situation in an illogical manner. Cognitive traps have multiple causes, such as these three: Filtering Filtering occurs when the doctor over focuses on one serious symptom at the expense of other less serious ones. When a doctor filters out the symptoms, it is as if the one they are focusing on and magnifying is the only (relevant) one. This can easily make the doctor exclude other possible diagnoses. For example, symptoms of appendicitis and urinary tract infections (UTIs) sometimes overlap. This is why there are tests designed to lead doctors to correct diagnoses. However, when a doctor focuses on one symptom at the expense of others, they may diagnose a UTI when the patient has appendicitis or vice versa. Confirmation Bias Confirmation bias occurs when the doctor already has a preconception before coming up with a diagnosis. When such a physician examines a patient, they are only looking for information (read symptoms) to support their preconception. In the end, other possible diseases that the patient may be suffering from aren’t considered. For example, the medical community knows that smoking, lack of regular exercise, and being overweight are some of the risk factors for a heart attack.  Therefore, when a patient whose history checks all those boxes comes in complaining of chest pains, it’s easy to assume that the patient has a heart attack. The doctor may then look for signs of a heart attack, which may be there even though the patient is actually suffering from ailments with similar symptoms, such as pneumonia or a panic attack. The Ambiguity Effect The ambiguity effect is likely to lead to wrong diagnoses in patients suffering from rare diseases. The ambiguity effect occurs when the physician is dealing with symptoms common to two diseases, one of which the doctor is experienced in and another in which the doctor has limited knowledge and experience. In such a case, the doctor is likely to go with the condition that they are fully conversant with. For example, a patient complaining of coughs and chest pains may be diagnosed with a respiratory infection even if the doctor has heard that thymoma can also cause the same symptoms. This is possible if the doctor has more experience with respiratory infections than thymoma, which is a rare type of cancer. Do you feel that your medical condition was misdiagnosed? Talk to a medical malpractice attorney, like one from Littman & Babiarz Law Office, whether or not you suspect the wrong diagnosis was caused by the doctor’s cognitive bias. The attorney will analyze your case and help you decide whether you have a valid...

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What Happens If Your Chapter 7 Bankruptcy Gets Dismissed Instead of Discharged?

Posted by on 11:59 am in Uncategorized | Comments Off on What Happens If Your Chapter 7 Bankruptcy Gets Dismissed Instead of Discharged?

The majority of Chapter 7 bankruptcies, which individuals use to ask for total debt relief, go off without a hitch. After the paperwork is filed, it’s usually just a matter of some routine meetings and a short waiting period while the trustee goes over everything. Then you’re granted a discharge and a clean start. What happens, however, if the bankruptcy is dismissed instead? This is what you need to know. What’s the difference between a bankruptcy discharge and a dismissal? A discharge finalizes your bankruptcy. You are no longer legally liable for any of the debts that were forgiven in the bankruptcy. A dismissal means that the court found a problem with your case and decided not to discharge your debts—which means that you still owe all your creditors, and they are free to pursue you for those debts. In addition, any automatic stays that you were under that stopped garnishments out of your wages or shut-offs on your utilities are gone. This can immediately put you in a very bad financial situation. Why would the bankruptcy trustee do that? Bankruptcy trustees have to protect the integrity of the court—which means that they can be strict about anything that makes it seem like you were trying to get around some of the bankruptcy rules. In some cases, the problem may be poor paperwork skills on your part. If you guessed at some numbers or forgot a personal debt that you owed your aunt, that could make it look like you’re trying to play games with the law. It’s also possible you simply forgot to file one of the required forms or missed a small fee that had to be paid. On major cause for dismissals is failing to go through the credit counseling requirements that are now part of bankruptcy law. Even if your bankruptcy came about through an unavoidable disaster—like an extended medical condition, hospital stay, and job loss—you’re still required to go through the credit counseling. In addition, the counseling has to be done by an agency that’s been approved by the United States Trustee’s Ofice. What do you do if your bankruptcy has been dismissed? First, you need to determine whether your bankruptcy was dismissed with or without prejudice. If it is dismissed without prejudice, you can file again right away—however, you want to make sure that you understand exactly why the bankruptcy was dismissed and take corrective action promptly because you’ll only be granted an automatic stay of your debts (and any collection efforts or shut-offs) for 30 days. If your bankruptcy was dismissed with prejudice, you have a much more serious problem. You’re essentially accused of trying to abuse the system, and that means that you are barred from filing again for a minimum of 180 days. However, the trustee can actually impose an even longer mandatory waiting period if he or she so desires. He or she can also prohibit you from discharging certain debts at all, even in a subsequent bankruptcy. If this happens, you need to consider filing an appeal right away—consult with your bankruptcy attorney immediately because you usually only have 14 days to file a Notice of Appeal.  While most bankruptcies do go through smoothly, you can help ensure that yours does as well by making sure that you follow your bankruptcy...

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Four Tips To Avoid Getting A DUI

Posted by on 11:35 am in Uncategorized | Comments Off on Four Tips To Avoid Getting A DUI

A DUI is one of those traffic violations that you definitely do not want to receive. The fines are high, as well as the additional punishments, such as jail time and having your license taken away. On top of this, you are likely going to have to attend driving school in order to get your license back. Of course, the only way to completely avoid a DUI is to not drink and drive. However, here are four other tips to ensure that you are able to avoid a DUI: Don’t Have a Reason to be Pulled Over: If you are drinking and driving (which you should never be), but you are driving with enough control that a cop won’t suspect you are driving under the influence, they will likely not stop you. However, a cop will stop you if you have a taillight out or your registration is expired. Once they pull you over for this, if they smell alcohol, they are sure to investigate and will give you a DUI if you are over the legal limit.  Don’t Drive Late at Night or Early in the Morning: If you have been drinking, you are likely going to be driving home late at night or early in the morning. However, you shouldn’t do this. Cops are much more likely to be seeking out drunk drivers during these times of the day. On top of this, there are usually checkpoints set up, which you can get caught in.  Get Rid of the Smell of Alcohol: If a cop has pulled you over for a traffic violation after you have been drinking, you are much more likely to get away without a DUI if the cop doesn’t suspect you have been drinking. This means you need to get rid of the smell of alcohol. The best way to do this is to chew gum or brush your teeth. You should also be drinking lots of water and never drive with an open bottle of alcohol in the car.  Be Wary When Answering Questions: If the cop who has pulled you over says they smell alcohol or asks if you have been drinking, do not admit to it. This can only lead to the DUI case not coming out in your favor. It’s best to simply state that you do not want to answer any questions until your attorney is present. Most likely, the officer will bring you into the station if they feel you are drunk and not able to drive safely. At this point, you should wait for your DUI attorney to show up before talking to an officer.  When you follow these four tips, you can avoid getting a DUI, or at least make it less likely that you will suffer high charges for it. Contact a firm such as Hart Law Offices, PC for assistance if you are ever wrongly charged with a...

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Common Questions About Car Accidents And Statute Of Limitations

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The statute of limitations sets a time limit that a person can file a claim for a car accident. This time is set by the state, and you will need to seek damages within this timeframe or you lose your ability to claim compensation. Here are the four most common questions about car accidents and statute of limitations. How Long Do You Have to File a Claim for a Car Accident? As mentioned, the time depends on the state. In most cases, the time will be between one and six years, but it can also depend on the type of accident and injury that occurred. While North Dakota has a statute of limitations of six years for personal injuries in a car accident, the wrongful death timeframe is just two years. Also, the general time in Texas for personal injury claims is two years. Property damage and wrongful death have the same timeframes to make a claim. Can You Extend This Time? There are certain cases where you can extend this timeframe. For example, if you can prove that the injury was definitely from the car accident, a court may allow you to file a claim. It could be an unexpected development from an injury you gained during the crash, which has now led to extra expenses you reasonably wouldn’t have considered. The problem is that courts will find it difficult to believe that the injury came from the car accident if it is decades down the line. You’ll need to have a doctor’s diagnosis. Is the Statute of Limitations from the Date of the Accident? The statute of limitations doesn’t necessarily start from the date of the accident. It starts from when the injury was “reasonably discovered.” For example, if the accident left you unable to act on your own for the time period, such as due to a coma, you would have only reasonably discovered the injuries after the time the timeframe ran out. You can’t be penalized for something like this out of your control. Is There a Different Time for Minors? Some states will also set different timeframes for minors. For example, in Alabama, the time begins on the minor’s 19th birthday and lasts no longer than three years. In Wyoming, a minor will have three years from his/her 18th birthday. Make sure you are aware of the statute of limitations in your state. Do not allow time to run out if you plan on seeking compensation for your injuries and/or damages to your vehicle. For more information or assistance, contact a local accident attorney, like one from Kaston &...

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A Guide To Preparing For A Criminal Defense Case

Posted by on 4:27 am in Uncategorized | Comments Off on A Guide To Preparing For A Criminal Defense Case

When you are up against something as serious as a criminal charge, you will need to truly have your ducks in a row in order to come out of this situation with the best end result in mind. To make this a reality and to navigate the legal system to the best of your ability, you will need to get a clear idea of what to expect, get some guidelines to prepare for trial and shop around for the best criminal defense attorney for the job. Keep reading in order to get the most out of these points and to make your criminal defense case as successful as possible.  Learn What To Expect From Your Situation If you are charged with a criminal offense, you have a number of options available to defend yourself. Working with a credible attorney is the most important part of this process, so be sure to work closely with them to have a clear picture of what you are facing. Your attorney might opt for a defense revolving around the flat truth, providing evidence and testimony to convince the jury. They will help you determine the weaknesses of the prosecution’s case, and will help guide you through arraignment, pre-trial motions and an actual bench or jury trial. Further, if a plea bargain is the best case scenario, your lawyer can also help you receive a less serious charge through one of these deals.  Prepare For Court Without question, you need to be aware of the impression you are creating for the judge and jury each and every time you appear in court. It is very easy for your body language to be misinterpreted, so make sure that you avoid making any kind of eye contact, keep your emotions in check and try your best to keep a calm, normal disposition. You should also be sure that you dress to impress, but avoid overdressing for the occasion. Get plenty of sleep the night before court and make sure to never discuss the case with anyone except for your attorney.  Hire A Great Criminal Defense Lawyer When facing criminal charges, the hire of a criminal defense lawyer is the most important decision of your life. Take your time and interview law firms thoroughly, in order to know they have strategies and experience to win for you. You should also consider the fees that you’ll have to pay. You will generally be expected to pay a flat legal fee or an hourly rate, depending on your situation.  Factor in these points to make the most out of your criminal defense. For more information, contact a firm such as Jeffrey D. Larson, Attorney at...

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