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Posted by Timothy Young on October 27, 2009

What Are The Types Of Damages Allowed Under The Jones Act?

Posted under Legal

There is a federal statute known as the Jones Act which allows employees to file lawsuits directly against their employers. In order to qualify under the Jones Act, the employee must be a “seaman” which generally means that the employee worked aboard a vessel. Once the employee is determined to have qualified under the Jones Act, he can then file suit to collect several different types of damages from his employer.

At the outset, two important facts should be mentioned first before the types of damages that are recoverable under the Jones Act are addressed. First, in order to recover any damages under the Jones Act, the injured maritime worker or the injured seaman must prove that his employer was negligent in causing or contributing to his injury or that the vessel was unseaworthy which caused or contributed to his injury. The Jones Act is a fault based statute which means that in order to receive any recovery under the Jones Act the employee must prove fault. Also, the damages that an employee is allowed to collect under the Jones Act are separate and apart from “maintenance and cure” benefits which the employee can recover under general maritime law.

The Jones Act allows an injured employee to recover general damages including pain and suffering and emotional damages. Typically there is no set scale or limitation on the amount of general damages that the employee can recover. However, almost all courts will enforce a jurisdictional scale on the amount that can be recovered for general damages relating to the particular injury suffered by the employee. Most damage Awards which are received through a formal trial rather than settlement can be reviewed by the trial judge or appellate court to determine if the Award is inadequate or excessive. Therefore although there is no formal limitation on the amount that can be awarded for general damages, as a practical matter the injured employee’s Award may be reviewed and lowered or increased if it is excessive or inadequate.

Past and future lost wages can also be collected under the Jones Act by the injured employee. In order to prove past and future loss of wages, the injured seaman must present evidence concerning the amount of his earnings at the time of his injury as compared with the amount of earnings that he will be capable of in the future due to his injury. In other words, in order to collect any type of lost wages the employee must show that he is actually losing wages due to his injury. Lost wages cannot be “speculative” or based upon mere “hope” that the employee would have made higher wages in the future had it not been for his injury. Most courts will generally look to the amount the employee was actually earning at the time of the injury and compare that to the amount that the employee will most likely earn in the future due to his injury.

An injured employee can also collect his past and future medical expenses under the Jones Act. In order to collect any type of medical expenses under the Jones Act the employee must simply prove that the medical expenses are “reasonable and necessary” and that “more likely than not” the employee has or will incur such expenses. Usually medical expenses must be proven through expert medical testimony. Courts will not allow an injured seaman to collect medical expenses which are merely speculative and are not based upon medical testimony.

The Jones Act also allows an injured seaman to collect for the value of the fringe benefits which he may lose due to his injury. These fringe benefits typically include loss of health care benefits, disability benefits, retirement benefits and other employer-provided benefits to the employee prior to his injury. In order to collect loss of fringe benefits usually it requires an expert economist to determine the exact value of the loss of fringe benefits since this amount will need to be calculated into the future. The Jones Act even counts the loss of meals which may have been provided to the injured seaman while he was employed!

The Jones Act is a very special federal statute since it allows injured seamen to file suit for all of the above damages. Normally work-related injuries fall under very restrictive “compensation statues” which prevent the employee from collecting pain and suffering, loss of fringe benefits and the full value of his loss of wages. The Jones Act does not work in such a fashion and for this reason most injured seamen receive much more recovery under the Jones Act than they would under a workers’ compensation statute.

For more information about the Jones Act, visit JonesActLaw.com. It is important that injured seamen protect and understand their rights under the Jones Act.

Posted by admin on October 10, 2009

DMV Hearing Attorney

Posted under Legal

The possibilities for drivers to commit an act against the law regarding the DMV are wide. These violations have proper penalties in order to assure that everyone should do their job in a manner the government will agree. When the DUI is filed against a person, there is a great possibility that the license will be suspended or total revocation. The suspension or revocation for the drivers gives them significant negative consequences like unable land on a job as drivers, unable to transport anything he or she wanted all by himself or herself and incapable applying work involving driving.

The very good thing to do is to request for a DMV Hearing to give you opportunity to redeem the license and dismiss the case against you. Therefore, it is very accommodating to hire a lawyer to represent you in the court. The San Diego DMV Hearings Attorney is capable of helping you of the legal matters regarding the DMV system. They are knowledgeable enough in DMV, DUI and other driving-related laws that will probably help you in retaining or reinstalling your license. Even though you don’t have any idea regarding the DMV hearings can accomplish for you, it is bet to request one San Diego DMV Hearings Lawyers in a timely manner.

You can further discuss the Hearing through arranging a meeting in the lawyer. Your cause will be handle satisfactorily. San Diego DMV Hearings Lawyer have experienced of successful outcome of the cases they handle. They are skilled criminal lawyer working on behalf of the client. You are hereby advice to contact them immediately to give prior action to your request.

Posted by admin on October 10, 2009

Houston Crimes Rises

Posted under Legal

One of the most celebrated basketball superstars today is Yao Ming and I am pretty sure that many of us or all of us sports aficionados what team he is playing for. You got it right. He is playing for the Houston Rockets team based of course on Houston. This has certainly made the place famous. It will certainly be a good tourist attraction someday. But despite of this, Houston criminal attorney is also needed to make sure that this state is crime free and is really suitable for tourism businesses. For what is this need?

We are talking about someone who can deal with crimes. We all know that crimes are rampant to our society. It occurs all over the world. There is no exception. Even New York, they have this New York criminal attorney and New York City criminal attorney to make sure that their reputation as one of the best states today will be preserved. They are not taking risks for this particular matter because they know that it will cost them a lot. Besides, there is no lost in trying to make precautionary measures. The tapping for the assistance of these professionals is an indication that this country is very much ready to battle it out against crimes. Are you not going to do the same? Besides, crime rate in Houston is drastically rising and so we have to make sure that we are all ready.

In times like this, precautionary measures play a very vital role. If we are caught off guard, we will definitely be just a fallen prey to criminals and crimes of high extent such as terrorisms. It is your call, your move. You decide for the sake of your nation.

Posted by admin on October 9, 2009

There’s So Much to Learn

Posted under Legal

We can’t readily say that we know everything. Sometimes, we just think that we know everything but actually, that is just on thoughts. Being all knowing will be impossible for humans because things naturally change and the capacity of information that can be stored to your brain is very much limited. Let us take the case of the field of medicine as our reference in here. Specifically, let us talk about Avandia. Do you know what avandia is? This is a drug that is created to help us fight against diabetes. I am sure you know that well, but that is not the whole story.

Why is Avandia dangerous? This is one thing I am certain that you don’t know about. I am pretty sure that you have just concentrated on the information about the benefits it could give us. But you are not able to gather enough knowledge on its capacity to cause Avandia Death. This is because you don’t have any idea about the side effects it entails like heart attack and many more. It is your own lost that you are not able to know these things. This is just a proof that there’s so much to learn yet for us.

We can’t possibly say that we know everything. That is a fact we should admit and accept. But having enough knowledge about something such as the side effects of avandia is also a proof that we have the ability to store knowledge which can prove valuable to us.

Posted by admin on September 29, 2009

Prescribe by the Doctor

Posted under Legal

Medicines for many people become their source of life. They live because they have medicines. If they don’t have medicines they feel differently and might even cause for the death of the person. This complements their life. However, the doctor prescribes these medications.  This is good only for the person being prescript. However, there are instances that if one owns not prescribed medicines may lead to imprisonment. If the authority find the substance inside your pocket, in your vehicle, in your home you might be arrested and be charge with Controlled Substance Possession. The controlled substances may include stimulants, narcotics, hallucinogens, anabolic steroids and depressant. They are controlled because they are formulated with a substance dangerous to the health taken without the proper prescription of the doctor.

You can only use these substances when the doctors prescribe it to you. It should be taken as the doctor advise to promote the life of the user.

If you have been charged with the controlled substance possession, look for a lawyer who would handle the case diligently. He or she should be not irresponsible but he or she handles the case with a highly personalized attention, timely communication and the assurance that you legal rights won’t be violated. San Diego Controlled Substance Possession Lawyers offer these attributes. More knowledgeable and aggressive lawyers of the San Diego Controlled Substance Possession Attorneys protects the evidence and provides you with the information you should have regarding your case. Contact and arrange a consultation to the San Diego Controlled Substance Possession Attorney to give prior action to your case.

Posted by Market Smart on July 28, 2009

Tips To Ease Your Search For A Civil Rights Lawyer

Posted under Legal

No matter what your reasons are for needing an attorney, the process of choosing one is very complicated. This is especially true if you are dealing with a civil rights case. For those of you living in Illinois, a Chicago civil rights attorney is probably your best bet.

In many ways, you are at an advantage if you live in Chicago or simply in the Chicago land area. You are going to have a lot of civil rights lawyers from which you can turn. Chicago is well known for being at the forefront of civil rights.

So, to begin your search, a little research will be necessary. Look up civil rights lawyers in the Chicago area on the internet. See which lawyers seem to be forerunners. You may want to begin by talking to them about your particular case.

You can also talk to the people you know. Family members, friends, colleagues, and even simple acquaintances: if any of them have had to make use of a civil rights lawyer, or know someone who has, they may be able to make recommendations. That way, you have firsthand knowledge of how a potential lawyer performs.

After you have found a few possible lawyers, you will need to sit down with each one and discuss your case. You’ll want to choose whichever lawyer you feel you can work with the best, as well as one in which you feel will do the best job on your case. Money may be another factor you will have to consider when choosing a candidate.

Above all else, you always want to know about a potential attorney’s credentials. Ask how long they have been practicing. Inquire about their schooling. See how many cases like yours they have handled. That way, you can be certain that they will handle your own case well.

For more information about Chicago civil rights lawyers, you can look online or visit your local library.

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Posted by Jed Elaine on July 17, 2009

Free Public Criminal Records Online Resources

Posted under Legal

We pride our society on transparency and accountability and we walk the talk. Its demonstrated in the way we uphold our Public Records. Complete range of Public Records is mandated by law to be made available to the public, not least those pertaining to Criminal Violation. The more prominent categories within this group are Arrest, Inmate, Police, Sex Offender and Court Records.

Out of these, one of the favorites is Arrest Records. It is popular because an entry to the arrest history is made whenever an arrest is made and it will stand no matter what the outcome from the arrest is. This way, it will capture even the dropped, dismissed, reduced or acquitted cases such as fines, warnings, community work and other forms of punitive action without detention. This applies to Military personnel as well.

Being Public Records, anyone has the right to access and view anybodys Free Arrest Records as long as its done legitimately. Public Arrest Records can be retrieved at government agencies tasked with the function. This can be done by walk in, fax, telephone, mail or online over the internet which has become increasingly available and popular. They can also be purchased from commercial record providers in the various ways mentioned.

Public Arrest Records are governed by state laws. As such, there are variations in regard to their access and use from one state to another especially in areas deemed to be sensitive or against public interests. Security, classified matters, individual privacy or where it concerns juveniles and high-profile personalities like politicians and celebrities are examples where treatment deviates from the norm. Outside of that, accessibility is generally unrestricted.

Public Arrest Records are useful in many ways. They are used by employment agencies, lawyers, police and investigators and landlords. On the more private front, people conduct public arrest record searches on the background of nannies, friends, neighbors and even relatives. If it is to be done indiscreetly, there may be procedures to be followed which are required by respective state laws.

We can learn a lot about people from their Public Arrest Records. At a basic level, they contain information about their personal particulars and description, the details of their arrest history such as the time and place of each arrest if there had been multiple arrests, type of offense, warrant, case number, and arresting agency. Related information from other record categories may also be produced.

Public Criminal Records come in basically two versions, namely Free Criminal Records (FOC) and fee-based. FOC ones are chiefly found at government agencies. Some degree of freebie may also be available with commercial record providers but theyre usually bundled with some other paid services. Fee-based Public Arrest Records though are in general of higher standards and readiness so if anything serious is intended, its best to turn to the pros. They save a lot of hassle too.

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Posted by Tony Stark on July 7, 2009

Free Public Police Records Online Searches

Posted under Legal

According to Crime in the United States by the Department of Justice, the Rate of Arrests nationwide was almost 5% and thats not even taking into account arrests resulting from traffic violations. Thats an increase across the board for all major categories of violation such as violent, property and drugs, from the year before and bodes very poorly for 2007, the current year and beyond.

An arrest can be viewed as the immediate containment of an unlawful act with its judicial disposition usually coming later. In parallel, it serves to maintain custody on the arrestee so that he or she can be produced for further proceedings. It is officially carried out by an agency of authority which is most commonly the Police. The main role of the Police in governance is law enforcement although they are typically tasked with other functions as well.

It is a standard procedure for the Police to document all their activities through Police Reports. In the case of Arrests, the associated reports will be entered into the subjects Police Arrest Records. Where a subject does not have any Police Arrest Records, one will be started. A distinctive feature of arrest records is that they stand whether or not there is resultant incarceration.

Free Police Records is an official reflection of someones civil character and background. The best Free Police Records to have is no record. However, if there had been any, a search will uncover complete details of the arrestees personal particulars and the surrounding information to the arrest. Multiple arrests are not uncommon and they will all show up if they happened within the jurisdiction for which the search was conducted.

Although there may be restrictions on the accessibility and use of Public Arrest Reports under exceptional circumstances, they are Public Records nevertheless. As such, they are mandated by law to be made available to anyone who may wish to retrieve them and can be requested directly from the local Police Department where the subject resides or at any of the public offices assigned with the function.

The Police Force comes under state jurisdiction and Free Police Reports are structured in accordance with that. As such, there are variations in regard to the treatment of Free Police Records from state to state. On top of that, the databases of the respective state-level repositories are not linked. That means a no-record-found covers only the state for which the search is conducted. It is reasonable to speculate that the FBI has a federal Police Arrest Record database but it is not likely to be publicly accessible in view of security reasons.

Public Police Records can also be purchased from fee-based record providers. Because of the immense competition, the top ones are very professional with excellent value-for-money. In addition to public sources, they also tap into private and proprietary databases. Reports are typically spoon-fed to you within minutes, free of the risk of legality issues, waiting time and other hassles at all.

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Posted by admin on April 16, 2008

Hiring the Malpractice Attorney Who Specializes in Traumatic Brain Injury

Posted under Legal

This article serves as a reference tool for anyone in search of a medical malpractice attorney or an attorney who specializes in traumatic brain injury cases. By way of background, my wife, Cynthia Paddock Doroghazi, has written a book, Searching for the Open Door: A Woman’s Struggle for Survival after a Traumatic Brain Injury.

Her book chronicles how medical malpractice caused her traumatic brain injury and how medical rehabilitation ultimately leads to her financial rehabilitation and spiritual rehabilitation. Her physical recovery from her traumatic brain injury through intense physical rehabilitation enabled her return to her graduate studies at the Johns Hopkins School of Advanced International Studies. In thinking about her traumatic brain injury case for medical malpractice, it occurred to me that the concept of suing for malpractice, hiring a lawyer and going to trial is foreign to most people who suffered a traumatic brain injury or those who care for a traumatic brain injury patient.

Because my own law practice has absolutely nothing to do with traumatic brain injury medical malpractice or personal injury, I am able to give unbiased advice. In other words, I have no economic agenda behind offering suggestions to benefit a victim of a traumatic brain injury on how to hire an attorney to pursue those responsible for causing a traumatic brain injury or any other type of malpractice. The ability to hire a competent attorney to deal with insurance companies and/or those responsible for causing a traumatic brain injury is crucial because virtually no one will admit to fault in causing a traumatic brain injury and, insurance companies simply are not in the business of paying claims to traumatic brain injury patients or those who care for the patient who suffered the traumatic brain injury.

There are a number of specialty organizations, such as the American Association for Justice (AAJ), which offer online directories of their membership. Most attorneys with significant personal or traumatic brain injury practices are members of AAJ. However, bear in mind that most legal organizations are open to all attorneys and membership means only that the attorney has paid the membership fee.

The same caveat applies to use of online directories. A number of commercial online directories claim to screen their attorneys, or claim to list only highly qualified attorneys. Most are not being completely forthright on this point. Regardless of their promises, most on-line directories will list any personal injury or traumatic brain injury attorney who pays the required fee, and there is absolutely no guarantee that the listed attorneys are qualified to handle your case. Somewhat apart from this same issue are websites on the Internet, which look informational, but are in fact owned by law firms. Be very wary of any “traumatic brain injury information” site, which lists law firms or offers lawyer referrals, particularly if it does not make obvious the identity of its sponsor.

Generally speaking, television and radio advertisements are also a very bad way to find a personal injury or traumatic brain injury attorney. Many advertisements are paid for by referral agencies, which collect large numbers of calls and then divide them up between member attorneys. Even when the advertisements are paid for by a law firm, often many of the cases are simply referred out to other firms who share the enormous cost of advertising. Many times, the attorney with the big advertising campaign will not even have an office near you. Unless your traumatic brain injury case is worth a lot of money, you may well find that you are quickly referred to a different firm or that you cannot get much attention for your traumatic brain injury case.

Your best bet for finding a competent malpractice attorney to handle your traumatic brain injury case, is through something known as “referrals”. Probably the best way to determine which personal injury attorney (or one who professes to specialize in traumatic brain injury cases), is the best for your case is to consult with an attorney you trust, asking him or her to give you the name of one who specializes in traumatic brain injury cases. If you do not know any attorneys, ask your friends for names of attorneys they trust, and then ask that attorney for a referral to an attorney, who specializes in traumatic brain injury cases. It is important that they give you the name of an attorney, who specializes in medical malpractice and/or traumatic brain injury cases. Many of the best personal injury attorneys (or those who specialize in traumatic brain injury cases), do little or no advertising. They are referred by other attorneys, due to their reputation for doing good work and getting excellent results for the client with the traumatic brain injury and/or care givers of the one who suffered the traumatic brain injury. You should also keep in mind that when it comes to retaining a malpractice attorney (or one specializing in traumatic brain injury), bigger does not mean better. I cannot even begin to tell you how many times during my twenty-three years of developing cases for trial, attorneys from large firms have attempted to negotiate a settlement, saying that the case would ultimately be turned over to trial counsel in their firm if the case cannot be resolved without trial.

In most cases, that trial counsel was just another attorney in a big firm representing the client. The actual attorney assigned the case had, at best, an incomplete comprehension of the very specialized practice area and could not provide the best representation for his/her client.

When you are seeking a personal injury attorney for your traumatic brain injury case, recognize that most personal injury attorneys do not practice medical malpractice law, let alone specialize in traumatic brain injury cases. Just as you would seek a specialized doctor to provide a special type of medical care, the practice of medical malpractice law (with specialization in traumatic brain injury), is very specialized and in retaining an attorney, it is almost always best to look for an attorney or law firm, which has significant experience in handling cases involving traumatic brain injury.

Furthermore, within the area of medical malpractice, certain law firms specialize in particular types of injuries or causes of action. There are personal injury law firms, which focus primarily on burn injury or traumatic brain injury and spinal cord injury. There are personal injury firms, which concentrate primarily on car accidents, construction accidents, or litigation over defective products. You will benefit from asking whether a lawyer you consult has experience with your type of traumatic brain injury case before you make your hiring decision, and do not hesitate to ask that lawyer for a list of previous case summaries that have the same or similar factual traumatic brain injury patterns as your traumatic brain injury case. Always keep in mind, however, that the attorney/client privilege generally precludes an attorney from furnishing references by name, but not by reference to similar or common facts to your specific traumatic brain injury case.

Personal injury attorneys (and those who handle traumatic brain injury matters), almost always accept cases on a contingent fee basis. From your point of view, this means that if they win your traumatic brain injury case, they receive a percentage of the award as their fee. Conversely, if they lose your traumatic brain injury case, they do not receive an attorney fee.

You do need to keep in mind that attorney fees are different from costs, and you may be responsible for certain costs associated with your traumatic brain injury case, such as the filing fee for your lawsuit, even if you lose your traumatic brain injury case. While this is rarely an issue, as most civil litigation settles short of trial, you should clarify the issue of costs with your attorney before signing any retainer agreement related to your traumatic brain injury case.

For a more thorough discussion on how to hire a malpractice attorney and what questions you should be asking perspective attorneys related to your traumatic brain injury case, click on:

HYPERLINK “http://www.newriverpublications.com/malpractice_attorney.html” http://www.newriverpublications.com/malpractice_attorney.html

To learn more about Cynthia Paddock Doroghazi (and her traumatic brain injury), or read blurbs from notable authors like Jim Stovall and Francis Fukuyama, or a sample chapter from Searching for the Open Door: A Woman’s Struggle for Survival After a Traumatic Brain Injury, go to:

HYPERLINK http://www.newriverpublications.com/Searching_for_the_Open_Door http://www.newriverpublications.com/Searching_for_the_Open_Door