What Out For These Abuses of Process Law

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“Abuse of process” is a form of tort that results when an individual purposely misuses court processes that are not warranted by the underlying criminal or civil legal action. To learn more here’s Abuse of Process – The Basics and Practicalities by Stimmel-Law for more of its description:

“The term ‘process’ refers to the proceedings in any civil lawsuit or criminal prosecution and usually describes the formal notice or writ used by a court to exercise jurisdiction over a person or property. Such process compels the defending party to appear in court, or comply with an order of the Court. It may take the form of a summons, mandate, subpoena, warrant, or other written demand issued by a court. When one files suit, one normally has a summons issued by the court which compels the defendant to appear within thirty days to contest the matter. See American Litigation.

Abuse of process refers to the improper use of a civil or criminal legal procedure for an unintended, malicious, or perverse reason. It is the malicious and deliberate misuse of regularly issued civil or criminal court process that is not justified by the underlying legal action.

Abuse of process includes litigation actions in bad faith that is meant to delay the delivery of justice. Examples include serving legal papers on someone which have not actually been filed with the intent to intimidate, or filing a lawsuit without a genuine legal basis in order to obtain information, force payment through fear of legal entanglement or gain an unfair or illegal advantage. The determination of what in unfair and wrong is for the court to determine on the individual facts of each case.”

In Legal Dictionary’s ABUSE OF PROCESS, the article discusses the difference between abuse of process and malicious prosecution. Here’s an excerpt:

“Abuse of Process vs. Malicious Prosecution

Abuse of process and malicious prosecution are very similar, in that they both seek to cause some difficulty to a party, to harass or intimidate a party, or to delay some proceeding. These issues are, however, different from one another, and proving them in court requires different elements. Abuse of process involves creating additional processes during the course of active litigation (meaning during a lawsuit or criminal case that is already in process). Malicious prosecution, on the other hand, involves initiating a civil lawsuit or criminal claim without good reason, or probable cause.”

Abuse of Process

Civil wrongs that do not cause physical harm can belong to a category known as dignitary torts—torts that have resulted in harm to the dignity or reputation of a person. A few dignitary tort examples are a malicious prosecution, defamation, and abuse of process.

Legally, the term “abuse of process” refers to an individual utilizing the legal system in a manner that isn’t essentially serving the basic legal action, but instead to get another purpose. Though this type of tort may appear similar to “malicious prosecution”—an abuse of claim process can be filed against somebody even though the basic cause of action for the case was lawful.

This article will offer you the common elements of a claim concerning abuse of process as well as how it compares to malicious prosecution.

Abuse of Process Elements

Abuse of process is a form of tort that stems from an intentional misuse of a court process by an individual that isn’t warranted by the basic criminal or civil legal action. As with the majority of torts, the elements that a victim should establish in order to succeed his or her claim will depend from state to state.

On the other hand, the common elements that a victim should establish in an abuse of process case are:

  • The existence of a purpose or ulterior motive in utilizing the process, and
  • An act in the process use that isn’t proper in the consistent prosecution of the proceedings.

For instance, if an individual uses a statement for an ulterior motive that isn’t related to the claim, there could be a claim for abuse of process available. Once more, the case itself could be impeccably valid (including the cause of action), but in this example, the deposition doesn’t serve the lawsuit’s purpose.

Abuse of Process by FindLaw discusses the common elements of an abuse of process case. Here it is:

The Elements of Abuse of Process

Abuse of process is an intentional tort that arises when a person deliberately misuses a court process that is not justified by the underlying civil or criminal legal action. As with most torts, the elements that a plaintiff must prove in order to win his or her case will vary from state to state. However, the typical elements that a plaintiff must prove in an abuse of process lawsuit are:

  1. The existence of an ulterior motive or purpose in using the process, and
  2. An act in the use of the process that is not proper in the regular prosecution of the legal proceedings.

For example, if a person uses a deposition for an ulterior motive that is not related to the lawsuit, then there may be an abuse of process claim available. Again, the lawsuit itself may be perfectly valid (as well as the cause of action involved), but the deposition in this example does not serve the purpose of the lawsuit.

Malicious Prosecution vs. Abuse of Process

Malicious prosecution and abuse of process are quite related, but each tort involves the victim to prove various elements. An individual may claim for malicious prosecution if somebody maliciously commences or continues a civil or criminal proceeding against the plaintiff with no probable cause.

On the other hand, abuse of process takes place when there’s a probable cause or valid reason for the claim, but a process or legal tool has been abused for unknown purposes.

To win a malicious prosecution lawsuit, the victim should also demonstrate that a legal action was terminated in support of the plaintiff. On the other hand, an abuse of process case can be filed against somebody despite whether or not there’s a reasonable underlying cause of action for a legal action as well as whether or not the initial case was terminated.

Get a Free Assessment of an Abuse of Process Case

It can be annoying to think or feel like somebody is exploiting the legal processes to obtain something they desire from you. And if you think that you have been an abuse of process victim or a victim of any other form of tort, and you’d like to know about legal options, then you may like to talk to a personal injury lawyer.

 

 

truck accident law

Workers Compensation Law in a Nutshell

If you get injured on the job, then it is crucial that you understand the workers’ compensation system of your state. Workers’ Compensation may be the only means of getting compensation for an injury at work. Here is what you need to know about worker’s comp in Introduction to the Workers’ Compensation Law.

Workers’ compensation is insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job.

“Employers pay for this insurance, and shall not require the employee to contribute to the cost of compensation. Weekly cash benefits and medical care are paid by the employer’s insurance carrier, as directed by the Workers’ Compensation Board. The Workers’ Compensation Board is a state agency that processes the claims. If Board intervention is necessary, it will determine whether that insurer will reimburse for cash benefits and/or medical care, and the amounts payable.

In a workers’ compensation case, no one party is determined to be at fault. The amount that a claimant receives is not decreased by his/her carelessness, nor increased by an employer’s fault. However, a worker loses his/her right to workers’ compensation if the injury results solely from his or her intoxication from drugs or alcohol, or from the intent to injure him/herself or someone else.”

truck accident law
Truck running fast on the highway

Other Approaches of Proving Fault

Not all personal injury claims involve negligence that is traditional. A plaintiff can still establish fault in various ways, including:

  • proving intentional conduct;
  • establishing negligence as such; or
  • demonstrating the claim is bound by the “strict liability” proof standard.

Intentional conduct is behavior undertaken willingly, and with the desired purpose or with the considerable certainty of the results. A person who targets another and hits that individual in the face with no excuse will have involved in intentional behavior and be liable for battery.

Negligence essentially applies when there’s an unexcused breach of a statute. In this instance, the defendant is directly responsible for damages if the injury of the plaintiff is of the form the statute was meant to prevent, and the victim categorized according to the statute was meant to protect. For instance, if reckless driving (nearly always a code violation) causes harm to a pedestrian, possibly, liability will be established with negligence per se.

Also, strict liability applies to a very limited number of cases and doesn’t need defendants to be careless to be responsible for damages. In general, the only requisite in establishing such as offense is demonstrating the plaintiff endured a likely injury while being in a qualifying case. The most popular cases that involve strict liability are claims on product liability, but strict liability can apply to cases involving wild animal possession and strangely dangerous activities as well.

Workers’ Comp Benefits Explained by FindLaw also has a few details regarding worker’s comp in an excerpt below:

“What types of incidents are and are not covered by workers’ compensation insurance?

Workers’ compensation insurance is designed to cover injuries that result from employees’ or employers’ carelessness. The range of injuries and situations covered is broad, but there are limits. States can impose drug and alcohol testing on the injured employe and can deny the employee workers’ compensation benefits if such tests show the employee was under the influence at the time of the injury. Compensation may also be denied if the injuries were self-inflicted; where the employee was violating a law or company policy; and where the employee was not on the job at the time of the injury.”

Job-Related Injury & Workers’ Compensation – Legal Overview has the details on how worker’s compensation works. Here it is:

“What Benefits Are Included?

Most states’ systems will cover the following workers’ compensation benefits:

  • Medical bills. If you have medical bills, they will be paid for to help you recover from your work-related injuries. However, keep in mind that your choices of doctors may be limited.
  • Temporary disability benefits. If your injury prevents you from performing your job normally and, as a result, you lose wages, you may receive temporary disability benefits. These payments are usually available only after you miss several days of work.
  • Permanent disability benefits. If you do not completely recover from you injuries, you may receive permanent disability benefits based upon the nature and extent of your impairment or injury.
  • Death benefits. If you die from a work-related injury or illness, your spouse or children may receive death benefits.”
worker's compensation
Worker sent to hospital after an accident.

Legal Defenses

When a victim sues a defendant for negligence or tries to hold a defendant guilty for damages, there are a couple of defenses that can lessen the liability of the defendant or even remove it completely. The most common are the following:

  • Comparative fault. In several cases, numerous parties are liable, or every opposing party shares a part of the liability. The law makes up for these cases by allowing various liability percentages to be attributed to various parties – for example, 60% fault to the victim and 40% to the defendant. In the majority of states, the law only requires the accused to pay a certain percentage — typically the percentage of liability attributed to them — of the damages of the plaintiff.
  • Assumption of risk. Even though the defendant caused the injuries of the plaintiff, the plaintiff could be banned from recovering if the defendant raises his defense well. To win, the defendant should demonstrate that the plaintiff knew and appreciated an injury risk, but willingly faced the risk and was harmed. A common assumption of risk example arises during inherently dangerous or physical sporting events, like football. The participants may usually not get damages for injuries acquired in the game’s normal course.
  • Employer liability (Respondeat superior). A worker who causes harm might not be legally responsible for damages only if the injury took place while the worker was working. And in this case, usually, the employer is responsible for paying the damages.
  • Trespasser defense. While the occupier or owner of land is responsible for negligence that results in injury to business or social guests, landowners aren’t responsible when their negligence harmed an unknown trespasser.

Firefighter rule. A party who carelessly creates a danger won’t be held responsible to a rescuer who gets injured on the job while fighting the hazard.

 

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Warning! Negligent Supervision Claims

When you trust somebody to supervise your family member, there’s always a possibility that something could go wrong, result in injury to your loved one. Fortunately, the law offers a remedy for damages that take place in this situation: somebody who has a legal duty to supervise others is unable to do so sensibly.

This legal remedy is called a negligent supervision claim. The most common victims of negligent supervision are children, the elderly, and employees. The highest numbers of negligent supervision claims involve harms to children.

Negligent Supervision of Children

Negligent supervision of children has two types of cases. Firstly, you can file a claim if your child was injured due to a caregiver’s inattention. Secondly, you can file a claim if your child, your property, or even you were harmed when other individuals are unable to supervise a child.

A case of wrongful death
A case of wrongful death

Such negligent supervision can occur at a daycare, a school, a church, a camp, or a home. Organizations and people that may be held liable for failing to supervise a child properly include:

  • daycare providers
  • teachers
  • babysitters
  • coaches
  • camp counselors
  • church youth group leaders
  • nannies
  • foster parents, and

Common cases of such negligent supervision are:

  • injuries because of a daycare having insufficient staff to monitor kids properly on the premises
  • caregivers unable to protect kids from the dangers of train tracks, traffic, animals, pools, or other environment dangers
  • a child’s intake of toxic chemicals overlooked on a counter
  • parents permitting teens to use dangerous drugs at parties
  • an unintentional shooting following a child finds an unsafe gun
  • kids playing with fire and starting a fire
  • foster parents abandoning the child within their care
  • a coach allowing a student to damage property
  • a parent permitting a young child to operate a vehicle, and
  • a daycare unable to monitor an aggressive child who harms children.

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Negligent Supervision of the Elderly

Just as somebody with the duty to monitor kids may be prosecuted if a child is harmed due to inattentiveness, somebody assigned with supervising the elderly may also be prosecuted for negligent supervision. Such negligent supervision takes place most frequently in nursing homes.

A few common examples of such negligent supervision are:

  • sores or infections because of a lack of hygiene care
  • failing to stop dementia patients from roving off the premises
  • injuries and falls due to a lack of management for fall-risk patients
  • choking due to improperly-sized food, and
  • overlooking physical or financial abuse.

Negligent Supervision of Workers

When an employer doesn’t take measures to make certain that its workers follow company policies, a negligent supervision case may arise. In particular situations, company managers may be held liable not just for their wrongful behavior but the bad conduct of their workers as well.

Common examples of such negligent supervision are:

  • ignoring threats and violence in the workplace
  • allowing one worker to harass another worker sexually
  • failing to offer training and supervision when equipping workers with dangerous chemicals, weapons, or tools
  • permitting a worker accused of sexual molestation to be alone with kids
  • permitting an intoxicated worker to run machinery, and
  • failing to screen a worker working from a satellite office or home who conducts scams.

 

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How Long Does A Personal Injury Claim Take To Settle

Do you think you have an injury case? Don’t you want it to remain un-filed for years? You may think whether or not you can just settle the case immediately even though you only have to get less cash to do it. The answer—you can.

In general, you can settle a personal injury claim fast as long as you’re willing to be awarded less cash. The real question here is that how much cash would you be willing to give up for a fast settlement?

This article takes a look at the reason settlements take longer than usual, as well as why you should consider before taking a fast settlement.

Why Does It Take So Long?

Firstly, you should know why a few personal injury claims can take a very long time to settle. The three main reasons a personal injury claim can move slowly are the following:

  • there are factual or legal problems with the claim
  • the case involves loads of money
  • you haven’t reached a maximum medical improvement point from your injuries.

If your case takes in any of these conditions, then, unfortunately, your case is just going to take time to settle not unless you’re willing to take less money just to resolve it.

There Can be Issues With The Case

What types of problems can arise? The value of an injury case is solely determined by liability (who was responsible) and damages (how severely was the victim injured).

If liability is difficult to prove (for instance, faulty product cases frequently involve difficult liability problems), then the insurance company is not likely to offer a reasonable settlement until the victim’s attorney has put the claim in suit and employed liability experts to demonstrate that the defendant was guilty.

If there is a legal matter in the case (e.g., the insurance company thinks that you do not have the legal right to sue), it’s unlikely that the insurance company will make any major offer until a judge or jury has to decide for you to sue.

On the other hand, there could be issues with damages. For instance, the treating doctor may be uncertain that the negligence of the defendant resulted in the injury of the victim. It’s always the victim’s burden to establish that the negligence of the defendant resulted in your injuries.

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If your physicians are uncertain on this, the insurance company will not offer a reasonable settlement until it’s satisfied that your attorney can present a physician to testify that the fault of the defendant resulted in your injuries.

The Claim Involves “Big Money”

Another thing that can drag a settlement is if the claim involves high damages (loads of money). The insurance company just won’t pay big huge on a settlement until they’ve done their individual due diligence.

For an insurance company, due diligence indicates investigating each aspect of the damages and liability that surrounds the case. The insurance company won’t be prepared to make a settlement for reasonable money until they’re convinced that

  • they do not have a strong defense to a case
  • your injuries are as serious as claimed that they are, and
  • they can’t attack one’s credibility.

Can I Sue a Bar Following an Alcohol-Related Accident?

Dram shop laws are statutes that enforce liability on alcoholic beverage sellers for the careless acts of their drunk customers. Most legislatures have passed a version of the dram shop law.

But before these forms of laws were passed, in general, courts prohibited cases against sellers of alcoholic beverages like restaurants, bars, or liquor shops. The argument stated that the alcohol serving didn’t actually result in the plaintiff’s injuries.

(Moreover, a historical note: the term “Dram shop” laws are named so since alcohol used to be vented by a measuring unit known as “dram.”)

In this article, we will talk about the various forms of dram shop lawsuits, and key legal problems that are frequently triggered by these forms of civil claims following an alcohol-related accident.

Alchohol-related injuries
The night life

What’s a “Dram Shop” Case?

Essentially, a dram shop lawsuit is a case against a liquor store, restaurant, bar, or any other form of business that vends alcoholic drinks. The liability of these establishments in these kinds of lawsuits is varied according to the fact that somebody was served way too much alcohol.

There are two kinds of dram shop lawsuits; we have what we call “first party” dram shop lawsuits as well as what we call “third party” dram shop lawsuits. With the warning that the majority of states do not permit “first party” dram shop lawsuits, let us look at these two kinds of cases in more detail.

First Party Dram Shop Cases

First party dram shop cases are cases where it’s the intoxicated individual who got injured and is suing the restaurant or bar for serving him or her way too much alcohol. As stated before, a few states do not allow these types of cases — probably because individuals ought to be personally liable for the amount of liquor they drink.

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Other states ban adults from filing first party dram shop claims while minors are still permitted to file them. The logic is that underage persons are not permitted to drink alcohol in legal terms, therefore, if an underage was drinking alcohol, somebody broke the law.

On the other hand, just because the first party dram shop claims might be permitted in a certain state doesn’t necessarily indicate that they’re worth bringing, particularly by an adult. These lawsuits are extremely difficult to win as it is very difficult to persuade a jury that they ought to give an adult cash because he or she went out, got too drunk, and got injured.

Third Party Dram Shop

A “third party” dram shop lawsuit is when the drunk person injures somebody else. An example of such a case is when somebody gets intoxicated at a restaurant or bar and gets into a vehicle collision, and the person injured by the driver brings a case against the restaurant or bar (in this case, the business establishment is called the “third party”).

Most states permit “third party” dram shop lawsuits, but most states vary on what the harmed person has to prove.

vehicular accident

Personal Injury Insurance Claims After A Car Accident

Since driving a vehicle is so common in the US and every state requires a minimum degree of liability insurance, it is important to know how to work with an insurance company following a vehicle accident.

Personal Injury Insurance Claims After a Car Accident by Nolo takes us inside the world of the claims process. Here’s an excerpt from the article:

At the Scene

First and foremost, check on the safety and well-being of your passengers and the other individuals involved. Call the paramedics if anyone appears to be injured. Many times injuries can occur even from seemingly minor accidents. It is obviously important for health reasons, but also for the ultimate success of any claim for damages, that accident victim seek prompt medical attention.

Seeking Medical Care

Obtaining timely medical treatment for any injuries is important. Inform the treating physician that you have been involved in a motor vehicle accident. Follow through on all prescribed treatment.

Dealing with Insurers

As soon as possible, contact your automobile insurance company to report that an accident has occurred. Your insurance company will assign a claim number and a claims adjuster to handle all aspects of your claim.

vehicular accident
Vehicular accident

Auto Insurance Policy Coverage

Having car insurance can aid you to cover damages after a car accident. Frequently, these damages are significant. In 2012, around 2.3 million individuals were harmed in car crashes. Another 33,561 individuals were killed in these accidents.

It is estimated that car crashes cost the United States $871 billion annually in societal harm and economic loss. Car insurance can aid drivers to pay for damages to others including their property and also damage to the insured.

Minimum Requirements for the Insurance

So what type of coverage is ideal for you? Before anything else, you should know that nearly every state enforces its residents to have a minimum amount of auto insurance coverage. And these requirements are the minimum liability coverage amount you require to drive legally.

The amount of coverage you should buy above the minimum is your choice. The majority of authorities suggest that a driver should have a car insurance policy covering over the legal minimum. Buying a more wide-ranging policy will certainly cost more, and for numerous individuals, that can be a considerable cost.

On the other hand, if the time arrives when you require your car insurance, you could be happy to have bought a much better plan.

In Accident Law’s How Insurance Companies Calculate Car Accident Settlements, the article features various factors in determining the number of compensation insurance companies willing to pay on your auto accident claim.

Settlement Factors for Damaged Vehicles

If your claim only involves damage to your car, your settlement compensation will generally be the cost of repairs or replacement of the damaged item.

Settlement Factors for Injuries

If you have been injured in an auto accident, the personal injury portion of your case is negotiated separately from your property damage.

Settlement for Pain and Suffering

Pain and suffering is an amount in addition to your medical bills to compensate you for your past and future discomfort associated with your injury. You need to complete your medical treatment and be released by the doctor or be declared “permanent and stationary” by the doctor prior to submitting your personal injury claim to the insurance company. Permanent and stationary means you have reached a point in treatment where no further improvement is anticipated.

Common Categories

Insurance policies will insure various categories, or types, of damage. Here are a few common categories of car insurance policy coverage to aid you to make smart choices next time you are shopping for car insurance.

Bodily Injury Liability

This category describes what the insurer (insurance company) will pay or award when other individuals are killed or harmed in an accident for which the insured are responsible. This money is meant to cover medical costs as well as any damages the family of a deceased person could claim.

PIP (Personal Injury Protection)

With this insurance, the insurer will award the injuries of the insured as well as other related damages to the insured and the passengers in the vehicle of the insured.

Property Damage Liability

The insurer will need to pay damages when the other persons’ property has been destroyed by the vehicle of the liable insured. This provision isn’t limited to cars at all times. For instance, if you ran your vehicle into a mailbox, then this provision could cover the expenses of fixing or replacing the mailbox.

truck accident
Truck accident case

Collision Coverage

The insurer will need to pay for damages to the vehicle of the insured when the insured is liable. If the vehicle of the insured is financed, then the loaner could compel the insured to have collision coverage on their vehicle.

Comprehensive Coverage

The insurer will award damages to the automobile of the insured caused by vandalism, riots, theft, fire, and other destructive acts. If a branch drops on your parked vehicle, then this provision will award repairs to the vehicle. Some financiers need comprehensive coverage on a vehicle that is not yet paid off.

UM/UIM (Uninsured/Underinsured Motorist) Coverage

The insurer will award death or injury damages to the insured and the passengers of the insured if the accident is caused by an uninsured driver, who has an underinsured insurance company, or whose identity isn’t known (hit-and-run driver). In a few states, the insurer will award damage to the vehicle of the insured as well.

Automobile Insurance Policy Coverage by FindLaw talks about the different common categories on policy coverage. Here are a few:

Bodily Injury Liability

This describes what the insurance company (insurer) will pay when other persons are injured or killed in an accident for which you (the insured) are at fault. This money is intended to cover medical expenses and any damages a deceased person’s family may claim.

Personal Injury Protection (PIP)

With this coverage, the insurer will pay for the insured’s injuries and other related damages to the insured and to passengers in the insured’s vehicle.

Property Damage Liability

The insurer will pay damages when the property of other persons has been harmed or destroyed by the insured’s vehicle and the insured is at fault. This provision is not always limited to cars. For example, if you ran your car into a mailbox, this provision might cover the cost of replacing the mailbox.

If you have been injured in a car accident, then you may check out the full articles above by clicking on the link.

 

Construction worker gets into an accident.

Employees Covered By Workers’ Compensation

Workers’ compensation provides important benefits to harmed employees, including medical insurance and a percentage of their lost income. State laws on workers’ compensation cover the majority of workers, but there are a few exemptions to this rule.

So, if you’re harmed at work, it’s crucial to know your rights and abide by the proper steps for getting compensation. And, don’t assume that you’re not qualified for benefits according to the statements of your employer alone.

Workers’ Comp is the Sole Remedy for Insured Workers

If you’re insured by workers’ compensation, then you can’t sue your employer for illnesses or injuries caused by the activities you do at work. Instead, your one option is to file a claim on workers’ comp. If the claim is accepted, then you’ll get medical treatment, partial income loss benefits, as well as other monetary assistance.

Construction worker gets into an accident.
Construction worker gets into an accident.

Though such benefits are inadequate, you can get them relatively fast without having to demonstrate that your employer negligently (or deliberately) caused the injuries you sustained. Given that your injury happened at work or was due to work activities, you naturally should get benefits.

If you aren’t insured by workers’ compensation, then you can sue your employer in court with a personal injury case. In a personal injury lawsuit, you could demand a wide range of damages, such as the total value of the lost income and payment for the pain and suffering.

On the other hand, you should show that the actions of the company resulted in your injuries. If your negligence or actions also contributed to your injury, then your compensation could be lowered.

Which Workers Should Have Workers’ Comp Insurance?

Each state (except Texas) has a mandatory workers’ comp law. The majority of companies should have workers’ comp insurance under such laws unless they’re a non-profit or very small organization. Naturally, a company should have workers’ compensation insurance if they have employees between three and five (though a couple of states require companies with only one employee to have coverage).

In the majority of states, employers can get a certificate from the state in order to self-insure or buy a policy from a company. (Self-insured employers deal with and finance their workers’ claims.) In some states, employers should be insured via a state-managed fund.

worker's compensation
Worker sent to a hospital after an accident.

The majority of state workers’ comp agencies have a site where you can search an online database to check out whether or not your employer has workers’ comp insurance.

Are All Employees Qualified for Workers’ Compensation?

Workers are qualified for workers’ comp if they are workers of an insured employer. Though, not everybody working on a certain job site is a worker. For instance, volunteers and independent contractors work for the employer but aren’t covered by workers’ comp laws. Numerous business consultants and freelance workers are independent contractors.

On the other hand, a few employers incorrectly classify workers as independent contractors. Often employers do this to evade their legal obligations to workers, like paying overtime and offering workers’ compensation insurance. The label your employer offers you isn’t determinative, so do not assume that you are not qualified for workers’ comp just because your employer classifies you as a contractor.

Even though you get a 1099 tax form rather than a W-2, you may be eligible for workers’ compensation.

playground injuries

A Bird’s Eye View at Playground Injuries and Accidents

Playgrounds are an area of excitement and fun where kids can challenge themselves physically and make new pals, but they present hidden dangers and risks as well. According to the CDC (Centers for Disease Control and Prevention), annually, hospital ERs treat over 200,00 kids age fourteen and younger for injuries related to playgrounds.

Of those injuries, the majority take place at schools and day care center.

Unluckily, injuries to kids at playgrounds can frequently be severe. It is estimated that playgrounds have a much higher rate for serious injuries than automobile accidents and bicycle accidents. This is because of numerous factors. Playground injuries frequently take place while a kid is climbing, sliding, or swinging.

playground injuries
children’s playground

If a kid slips from a wall, it can frequently be a couple of feet to the ground. A slip while climbing bars can frequently indicate falling against other hard areas on the equipment. The following injuries are frequently witnessed on playgrounds:

  • bruises
  • fractured or broken bones
  • head injuries or concussions
  • dislocations
  • internal injuries

Common Causes

Any number of causes can be a factor in playground injuries, yet there are a few things that are a lot common. Let us take a look at a few of them.

Poor Design or Maintenance of Playground Equipment

In numerous areas, equipment in the playground can be a couple of years, if not many years, old. Significant equipment deterioration can take place depending on the utilized construction materials. For instance, metal components can fatigue or rust. Bolts and screws come loose. Wood deteriorates and rots.

Ropes can become frail. Everything (from element exposure to day-to-day use) by kids takes a par on the equipment’s condition. Sharp edges, protruding screws or nails, or unpredictably slippery surfaces frequently result from the consistent use of equipment.

Due to those factors, it’s vital that the playground and the equipment be frequently maintained and inspected.

Along with maintenance, playground design and the equipment design is extremely important. For instance, a regular risk integral in any play area is that kids will fall, whether from just running across the ground or the equipment.

playground injury
Children playing on the playground

The presence of a soft ground surface, as well as with other elements of the design, is a vital aspect of a secured and safe playground.

Lack of Enough Supervision

One important factor in stopping playground injuries is the regular supervision and observation of the children.

Frequently, kids do not know their own limitations. They hardly have the required experience to understand the risks that come with climbing too high or running too quickly. Due to that, enough adult supervision is a crucial part of offering kids a safe environment while playing.

The degree of supervision needed depends on different factors, including the children age and the degree of risk linked with any playground activity. However, the inability to take reasonable measures to guarantee a kid’s safety can cause a negligence case if a kid is harmed due to insufficient supervision

State Capitol of Texas in Austin.

Different Variations of Laws throughout the World

Every politically organized state has its own law, but in nearly all modern states this law has not been independently developed but is derived from a system that grew up either in the Roman Empire of in England.

The usual way of designating those derived from Rome is to call them “civil law” systems while those derived from England are called “common law” systems. Both these terms, unfortunately, have other meanings as well, and the similarity is a source of frequent confusion.

To civil law and common law as sources of modern legal systems, we must add “canon law,” or the law of the Roman Catholic Church and, to a lesser degree, of the Anglican Church, and the “law merchant,” which, with the medieval maritime law, was formally incorporated in the law of European countries, including England.

Blind Justice
Blind Justice

Civil and common law have spread beyond Europe and America into Asia and Africa. Here they have met resistance from locally established systems and from non-Christian religions. In some instances, as in India, China, Japan, Turkey, and Egypt, the prevailing law is to a greater or less degree native to the country but has been overlaid with elements – sometimes large groups of elements – derived from the civil or common law.

In other Asiatic and African communities, the native law, especially in Mohammedan countries outside of those mentioned, has been only slightly influenced by Europe. There is a tendency to standardization, however, which gets its impulse from the increasing complexity of international relations, both economic and political.

International law, itself, although professing a supranational foundation, is generally expressed in terms derived from the civil law.

Any particular system of local law can be studied by itself as a matter of history or descriptive sociology, and the elements of which it is composed can be arranged in any order that has logical significance or is specially related to the society which is regulated by the law.

But the law may also be examined as a general science and an attempt may be made to discover principles that apply to law everywhere.

State Capitol of Texas in Austin.
State Capitol of Texas in Austin.

Law examined scientifically is commonly called “jurisprudence” in English-speaking countries, a term that unfortunately, like other legal terms, is used in a wholly different sense in other European languages, where for the most part it is applied to the decisions of courts.

As a science, the law presents more difficulties than other complexes of social relations because of its subject matter, outside of court organization itself and the procedure used by courts is nothing less than the whole range of human life.

We may, however, say of law that it is a value of normative science, that is, that is sets standards of right, wrong, or neutral conduct which courts will accept and which, when accepted, will become judgments that the executive branch of the government will enforce.

The source of these standards may be either legislative command, or custom, or rationalize precedent, or a sense of morals or of equity. The nature of law has often been asserted to lie in commands issued by the sovereign.

In other theories, it is the crystallization of customs and mores, when the crystallization has taken place to the degree that conformity to it will be demanded by a strong public pressure. Still other theories equate the concept of law are therefore properly speaking not law at all.

This was the doctrine of the Stoics and of the older Christian fathers and appears frequently in “natural-law” doctrines.

X-ray scan of injuries.

Severe Brain Injuries as Medical Malpractice Case

Brain injuries are just among the most severe results of major accidents like motorcycle or automobile collisions, sports injuries, or workplace or industrial mishaps.

If someone you know is suffering from an injury, the article entitled Brain Injury Symptoms and Diagnosis by Find Law provides us with a general idea of what a brain injury is.

“Brain Injury Symptoms

Brain injury symptoms indicating that you may have a brain injury include the following:

  • Numbness
  • Excessive drowsiness
  • Severe headache
  • Weakness in your arms or legs
  • Dizziness or loss of vision
  • Slurred speech
  • Loss of consciousness or confusion
  • Vomiting or nausea
X-ray scan of injuries.
X-ray scan of injuries.

If you are experiencing any brain injury symptoms, you should seek immediate medical treatment. Also, brain injury symptoms may not appear immediately, so if you think you may have suffered a brain injury, seek medical assistance.”

Now that you’re aware of the signs and symptoms of a brain injury, Brain Injury Case: The Economics of the Case by TBI Law details the case’s matters.

“Economic Damages in a Brain Injury Case:

Loss of Earning Capacity in a Brain Injury Case.

The first focus on the economic damages is the vocational expert witness. The vocational expert this is the witness who will tell the jury whether the deficits that have been diagnosed will impact the clients future “earning capacity.” If the TBI survivor has problems with fatigue, memory, background noise, concentration, balance, behavior, anger management, frustration, disinhibition, there will likely be a loss of earning capacity. Any of those deficits can negatively impact the ability to maintain competitive employment.

The loss of future earning capacity will be some percentage of the current earnings, if the person is not completely disabled.  Further, even with those who go back to work, there may be a premature retirement, adding full years losses to the end of the earning capacity. This is because disabled people unequivocally leave the work force much earlier.

Now as we compare this to the nominal lost wages in the first hypothetical, we would probably have a total loss of earning capacity of something like $20,000 per year for 12 years, and $40,000 for 12 years.

(This assumes the persons works at a diminished productivity until they are in their late 40’s and is totally disabled thereafter.) Now the lifetime loss of earning capacity could be as much as $720,000.”

Brain Injury Lawsuits by Nolo talk about what you have to do when someone you know suffers a brain injury. Here’s an excerpt:

“Gather Evidence about the Accident and Your Injuries

In preparing your case, an experienced attorney will ask you questions about how your head or brain injury occurred. He or she is likely to ask you what you remember of the accident, how it happened, where you were and what you were doing at the time, and the medical treatment you received. It’s common for brain injury sufferers to experience memory loss when it comes to the events surrounding the injury, so don’t worry if you can’t recall details of the accident. The important thing is to be completely honest with your lawyer and gather as much information as you can from other sources like witnesses, accident reports, and newspaper articles.”

To learn more about what family members can do right after an accident, read our blog posts at mcallenpersonalinjurylawyer.com.