Boating Accidents

Boating Accidents

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The various repercussions and hardships that come with being in a serious accident is certainly not the most enjoyable topic to discuss. Yet shying away from this kind of subject won’t help you get a better understanding of what to do when faced with the harsh realities these types of situations present. Of course, most of us are well aware of how more common types of accidents typically tend to play out, so delving into the various legalities surrounding them isn’t something we tend to spend our free time doing. Many people have this attitude, whether it’s by choice or simply the result of never having had to deal with the chaos and confusion that follows an accident where someone is hurt or killed.

Though the suddenness of pain and confusion you feel while in the midst of an accident is to be expected, when these instances occur in water, the situation becomes drastically more serious. When boats and alcohol are also involved, in particular, things tend to go downhill rather quickly. And, although these situations are somewhat uncommon, the legal ramifications are still very serious.

Messing about on the Water

If you are a boating enthusiast who likes to get out to sea with your family, with a few boat owners who are friends, or just like going out on the water and having a good time, it’s in your best interest to know a little bit about how boating accidents—and even boating fatalities—are usually caused and the main legal stipulations are regarding the various types of accidents incurred while boating. This could include anything that uses the waterways from a yacht to a jet ski and every vessel in between. Having this knowledge will help you navigate the rather muddy legal waters you’ll have to make your way through if you happen to ever be involved in a serious boating accident. This article will provide you with this information in the hope that it may help you prepare for the unexpected.

Whenever you find boating hobbyists out on the water, you’re likely to find them enjoying an alcoholic beverage too. This is certainly Ok when done in moderation, but once inhibitions have eased, overindulgence is sometimes the result. When this is the case, the likelihood of being in an accident increases significantly. In fact, about one-third of all boating accidents can be attributed to the driver of the boat is under the influence of alcohol. While many people think that laws involving alcohol and operating boats are not taken very seriously, they are very wrong. In fact, the criminal repercussions of being an intoxicated driver involved in a boating accident are very serious and often lead to the responsible party serving jail time as with almost any kind of vehicle. You can obviously avoid being involved in an alcohol-related boating accident by knowing your own limits with alcohol and by avoiding getting on a boat when you think the driver may be intoxicated.

Stay Sober Rather Than Going Overboard

Boating Accidents one

Avoiding drunken boat captains is certainly a rather avoidable situation, but there are times while boating that unforeseen circumstances present themselves, which can sometimes result in a serious accident. The most common of these are weather related, with strong winds and heavy rain being the culprit behind numerous boating accidents. Also, sun-related issues can become legal responsibilities when heat stroke, sunburn, and dehydration cause serious injury or death. Obviously, in order to avoid these circumstances, it’s in your best interest to check the weather prior to heading out on the water.

The tricky part about both alcohol and weather-related boating accidents is that when these issues go to court, who is going to be viewed as legally responsible for whatever damages were inflicted by these events? Though different locations have different rules surrounding the various boating laws enforced, there are some commonalities you can expect—no matter where you are. The issue of negligence is one such common element you’ll want to be aware of because this is usually how the courts will place the blame. Most courts define an act of negligence as whenever someone fails to conduct themselves as any other reasonable person would under similar circumstances. Basically, anytime there is a boating accident and the court deems that someone was negligent, then they are usually who will suffer the penalties—and often rightly so. Therefore, anyone who is intoxicated, ignores traffic rules and safety regulations, doesn’t properly maintain their boat, or fails to pay attention to potentially extreme weather conditions, can be seen by the courts as acting negligently and, therefore, deemed responsible for any damages incurred, even if they were not the one who caused the accident. Not only will they face rather harsh civil court penalties, but they may also face criminal charges as well.

As you can probably tell, it can often be a rather complicated matter when boating accident cases are argued in a court of law because the person (or persons) who acted negligently is not always clear. Situations where both parties involved in the accident were negligent in some fashion or perhaps an inebriated person bumped into whoever was driving which that caused the accident are just a couple of the myriad variations these cases can have. Therefore, you may need the services of an injury attorney or one of the many experienced boat accident lawyers in your area where you can file your boating accident report.

For these reasons and many others, it’s not only important to have a clear understanding of your location’s boating rules and regulations in case you find yourself in a boat accident, but also to hire an attorney who has an expertise in boating laws. I say this because there is simply way too much legal jargon and information to digest in order to successfully defend yourself competently in a boating accident case. These situations are, indeed, very serious and you don’t want to go into a courtroom where your life and bank account are going to on the line without proper planning and help from a lawyer.

 Wrap Up

In closing, this article has only scratched the surface of what boating enthusiasts should be aware of from a legal perspective. Issues such as insurance responsibilities, injury compensation, and your own personal rights as a boater need to be understood in order to protect yourself while out on the water. What you’ve gathered after reading this article should get you started, but it’s up to you to do your own research in order to safely enjoy your hobby.

If you’ve been in a boating accident, you can get additional, specific legal guidance on your situation by filling out the boating / maritime accident questionnaire below, or chat online with a Laws 101 maritime law expert.

San Antonio Injury Lawyer

How a San Antonio Injury Lawyer Can Help if You Are Injured at Work

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Personal injury cases in the workplace are a dime a dozen, depending on your industry or field of work. Sometimes, mistakes are made and other times circumstance can’t be prevented. Worse still, it appears that injury cases (including catastrophic injuries) are on the rise.

When a serious injury does happen in the workplace, however, you’re going to want to think about legal representation by hiring a San Antonio work injury lawyer, such as a personal injury lawyer, so you know all your rights and the compensation available to you in your frustrating situation.

Texas business and employer laws aren’t the same as every other state in the U.S. Workers’ compensation insurance coverage isn’t a requirement, which is why it’s important to know all your options.

An injury can cost you a lot of money in the long run so you’re going to need all the help you can get. Here, we’re going to fill you in on all the basics of workers’ compensation and Texas laws regarding injured workers.

Texas Workers’ Injury Laws You Need to Know

San Antonio Injury Lawyer

 If you are hurt at work or have an injury that’s the cause of the workplace, you’re going to need to know if your employer has workers’ compensation and how this coverage can help you. An attorney can help you with this.

If your employer doesn’t have workers’ compensation, then it’s time to learn what your options are for compensation in case of an injury.

You should never sign any paperwork without meeting with a lawyer so you can learn about all your legal options regarding your workplace injury.

 Workers’ Compensation Insurance

For your employer, the smart move is to have workers’ compensation insurance coverage for any injuries or deaths in the workplace. This insurance is a big plus, particularly in dangerous workplaces.

This insurance covers any injuries regardless of fault and gives you, the employee, benefits. The only time workers’ compensation can be denied is if the injury was caused by you while under the influence or if you’re messing around in the workplace. Again, an attorney can help you with this.

The state of Texas runs the worker’s compensation insurance program, which includes the city of San Antonio, of course. They also settle workers’ compensation disputes between employers and employees.

However, they don’t pay the benefits. This is done by the insurance company your employer pays through for their insurance.

There are several types of benefits you can receive under a workers’ compensation claim:

  • Income benefits: Income benefits are benefits you receive to help cover the work you’re missing because of your injury.
  • Medical benefits: Medical benefits help cover the medical costs of your injury, from an emergency room visit to even constant treatment if it’s needed and approved.
  • Death benefits: Death benefits are the benefits a family can claim if a loved one was killed in a workplace tragedy. It covers any loss of income due to death.
  • Burial benefits: Burial benefits are benefits that a family receives to cover the cost of burial for a loved one that was killed in a workplace accident.

The con of you receiving these benefits, you’re not getting all the money you deserve or they can find a reason not to give you your workers’ compensation claim.

When someone files a claim, the employer’s insurance premium goes up, just as it does with any insurance coverage.

Workers’ compensation protects your employer from lawsuits from you, the injured, or the family affected by a fatal accident.

However, if the accident was caused by a third party, like a co-worker, you can receive benefits from workers’ compensation and sue the third party that caused your injury.

It’s strongly advised that, even if your employer has a workers’ compensation program, you should hire a lawyer so everything goes smoothly.

If you choose to make a workers’ compensation claim there are steps you must take.

  1. Within 30 days, you need to report the injury to your employer. If it’s a serious injury, let your supervisor know the situation and call 911.
  2. Within a year of the injury, you need to report the injury to the Division of Workers’ Compensation. You do this through a DWC Form 01.
  3. You need to receive medical attention or treatment from a doctor that’s insured under Texas’ workers’ compensation program. If you want to use a different doctor, you need to receive permission or you’ll end up paying the medical bills out of pocket.

If Your Employer Doesn’t Carry Workers’ Compensation Insurance

If your employer doesn’t pay into workers’ compensation insurance, you have the freedom to sue through your personal injury lawyer or law firm if you believe that the injury was caused by the employer’s negligence or the lack of safety in the work environment.

In fact, not only does the Texas Labor Code allow you to sue your employer, it even minimizes your employer’s legal defenses.

If you’re suing and there’s only a small portion of the guilt on the employer and the rest is on you, it’s completely their fault as they didn’t have a workers’ compensation insurance program.

They’re not allowed to use any of the common law defenses as well, such as blaming it on a third party that could have been partially at fault for the injury.

If you win, not only will you receive a larger amount of monetary compensation than if you were to get from workers’ compensation, but this also makes your employer an example for other employers and shady businesses.

You’ll want a personal injury attorney or law firm from San Antonio to help file the lawsuit, from helping you file the proper paperwork to the actual court time.

Conclusion

Regardless of your employer’s decision to buy into worker’s compensation insurance or not, you have options available to you. An injury attorney has the experience to offer legal advice and guide all accident victims of negligence through the process of taking legal action. Though personal injury cases are often complex, you don’t need to suffer anymore than you already have.

Wheeler Accident Lawyer

Houston 18-Wheeler Accident Lawyer

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Each year, there are around half a million trucking accidents in the United States that result in injury. What’s even more shocking is that 5,000 of those accident cases result in death and even wrongful death. These numbers are staggering and even though you may have never been in an accident involving a semi-truck yourself, it’s still helpful to have a little knowledge under your belt on what you should do if you happen to find yourself in this situation.

Of course, you may think that cases involving any size freight vehicle, from small semi-trucks to giant 18 wheelers, that you can just let your insurance company handle whatever legal issues arise. Though this does work out well for some people, there are also many cases that end in dissatisfaction, with little to no monetary damages being awarded to the deserved party involved and personal injury lawyers may be required. In fact, all too often, cases that probably should have ended in a fair result, are lost by either a lack of knowledge surrounding—or a misunderstanding of—the many laws and regulations the trucking industry adheres to.

In order to adequately set yourself up for a successful case, whether you’re in a big city like Houston and St. Louis, or even in a small one-stoplight town, hiring one of the many experienced truck accident lawyers—also known as a trucking accident lawyer—needs to be a top priority. Besides finding this type of specialized representation, there are a few other important details you’ll want to understand. This article will delve into some of the more important information regarding trucking accidents, as well as what steps you should take after having been in an accident. Knowing this information will not only help those who have already been in a trucking accident get a fair legal result but will also grant confidence to those who may face this dilemma in the future.

Before we get into the important steps regarding what a person should do when involved in a trucking accident, it’s first important to understand why legal cases like this are substantially more serious than your typical two-car wreck and an attorney is needed in almost all cases. Whether caused through negligence or not, this seriousness arises from the fact that these types of vehicles tend to cause significantly more damage simply because of how big they are compared to the other vehicles they share the road with. Your average fully loaded 18-wheeler truck weighs around 80,000 pounds, and when it collides with your average 4,000-pound car, the damage is usually catastrophic with the car taking the brunt of the damage. Also, when a large truck and car collide, the force created by the speed of the truck usually ends up propelling the smaller vehicle into any other cars, trucks, or people who happen to be in its path. This is not a unique or rare occurrence, either, as four out of every five auto accidents involving large trucks are classified as multi-vehicle type wrecks.

Wheeler Accident Lawyer

Since truck accident cases will most likely result in multiple people and vehicles being involved, as well as the fact that these trucks will cause significant damage to whatever it hits, the insurance the driver or company that owns the truck has, will be pretty extensive. More specifically, the amount of liability insurance these trucks require makes any legal action from accident victims a rather complicated and high stakes affair. I say this, simply based on the fact that not only will both you and the driver of the truck have a stake in the result of the case, but so will the company that owns the truck, the insurance companies for both parties, and perhaps even the company that manufactures the truck. With so much money and so many people involved, cases like these require little room for error on both sides and can take months to resolve.

To give yourself the best chance to get a favorable result, there are certain steps you should be aware of. The first is to immediately get to a doctor and have a complete medical evaluation carried out. Of course, this is only necessary if the injuries sustained don’t require an immediate emergency medical response—unlike a spinal cord injury or other catastrophic injuries—but are still serious enough to require compensation.

Like with all motor vehicle accidents, you will also need to report this accident to the police and your insurance company. This is where things tend to get a bit convoluted as insurance claims adjusters for both parties involved will usually try and get you to sign off on some sort of deal that will prevent any further legal action by you. Do not be swayed by these individuals to sign off on anything unless you have an experienced lawyer there to go over the details of the accident injury with you. These initial offers are usually on the low end of the spectrum and, in most cases, they are not fair and you won’t receive maximum compensation.

After you’ve managed to avoid these potential pitfalls, you’ll then want to find experienced truck accident lawyers. These professionals will know all of the intricacies about a personal injury case involving an 18 wheeler and will be your best chance to win. I say this because they will know and have access to key experts, witnesses and evidence that will give you the upper hand against the opposition. This is especially true when hiring a lawyer who is based near the location where the accident occurred. Being from and having an expert understanding of the local and state trucking laws and regulations will ultimately work in your favor. Thankfully, even if you are not from the area, you can still find a competent lawyer who is by simply doing a quick Internet search.

Following the information in this article will certainly help start you well on your way to a fair case result and hopefully help ease whatever burdens your accident has caused. It’s important to be involved and proactive with your case and not just assume things will get taken care of by people who may not have your best interests at heart. Hire a Houston truck accident lawyer and follow the steps outlined in this article and you’ll most likely be satisfied with the result or, at the very least, be able to live knowing you did all you could to win.

Oilfield Injury Lawyers and What You Should Know

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More and more workers are traveling to other states, such as Texas, for the well-paying work on oil rigs and in the oil field. However, the demand for oil workers can’t keep up with the rate of injuries working in this industry can cause.

On-shore oil drilling can be just as dangerous as working on an oil rig out in the ocean. Injuries caused by this line of work are some of the worst injuries that American workers have ever seen and can even lead to death.

So you can protect yourself from a serious loss of income, you’re going to want to know your rights if you’re injured while working on an onshore drilling rig. Now, there are more workers than ever visiting a law firm to seek legal advice and decide whether starting a case is possible to receive compensation.

This article will outline all the important aspects to an oil field injury and the lawyers who work tirelessly, as they do with all their clients, to save you and your family from astronomical medical bills.

What You Should Do if You’re Injured on an Oil Field Accident

oilfield injury lawyer

If you’re ever injured will working for an oil field or if your loved one was killed in a work accident on an oil field, there are important steps you need to take right away.

If you don’t go through the right channels or you don’t hire a lawyer with experience in oil field accidents and injuries, you’re opening yourself up to a minefield of complications and possibly even the run around from the company that you work for.

    1. Call 911. When a serious accident occurs that leads to an injury, your very first step should always be to call emergency services. Even if the injury seems minuscule, it’s best to be careful. The ER doctor you see can also be a credible witness on the injuries you sustained while working. For follow-ups after the initial visit, your employer may refer you to a company doctor. Sometimes, these doctors want to make sure you don’t receive benefits so when possible, all see a doctor on your own to make sure everything is being done for your injuries.
    2. Notify Your Employer and Supervisor. Before you head to the ER, your supervisor should know about your accident. You may be asked to file an incident report or your supervisor might be required to fill it out. Every detail and every little pain should be recorded in the incident report. Then it’s both of your responsibility to let the big wigs know of the accident. If you fail to notify your employer of the injury, you can either be fired or not receive all your much-deserved benefits.
    3. Get Contact Information from Witnesses. It will help you down the road if you have the contact information from every witness there. You never know when you’ll need them to help you with a lawsuit.
    4. Get a Consultation. As soon as you’re stabilized and home from the hospital, you’re going to want to get a consultation from an experienced lawyer about your accident in the workplace. They can let you know if you have a case against your employer or what you need to do to claim workers’ compensation benefits. Having a professional on your side ensures you get every bit of money you deserve or your family deserves. If a workers’ compensation insurance adjuster comes knocking, you should never speak to them without a proper lawyer on your side.
    5. Keep Medical Records. This will be an ongoing process so it’s important to keep all relevant paperwork regarding your accident or injury. This includes medical records about your injury and treatments as well as your medical bills from the injury. 

What Happens Next?

 If Your Employer Has Workers’ Compensation Insurance

What happens next depends on different variables. First of all, if your employer has workers’ compensation insurance and you’re employed in Texas, you can’t go after your employer in court for negligence.

Once you start receiving worker’s compensation as benefits, you’re denying your right to sue. Well, technically, if your employer has workers’ compensation, they’re legally making sure you can’t sue through a law firm or specialized injury attorneys.

You’ll still want an attorney with knowledge of workers’ compensation to make sure you get all the benefits you deserve for your accident. You’re racking up medical bills and losing out on income on the job, so every penny counts.

Even if you’re receiving worker’s compensation, if a co-worker or a product was at fault for your injury, you can sue a third party for monetary compensation. Your lawyer can help you decided if this is the best route for you.

If Your Employer Doesn’t Have Workers’ Compensation Insurance

If you’re working on an on-shore oil drilling operation in the state of Texas, your employer is not required to pay into workers’ compensation insurance.

If your employer was at fault for your injury due to negligence, this gives you an advantage. You can take your employer to court and sue them for much more money than you’d ever be able to get through workers’ compensation.

Better yet, the law is on your side if you sue. Texas courts ensure that your employer can’t use any common law defenses in court. This is a type of punishment for your employer not having workers’ compensation insurance.

Once your employer has been sued and has lost, more than likely they won’t make that mistake again.

This can help any other injured employee that works for the same company.

Conclusion

Oil field workers are at great risk of being involved in an oil rig accident, especially during drilling and fracking, leading to serious injury, or worse still, death. You and your family should be backed by an experienced attorney from a reputable firm, such as a personal injury lawyer or, better still, one of the many specialized oil field injury attorneys who will make sure you get every cent you deserve.


Workplace Injury

The Importance of Workplace Injury Attorneys

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Unfortunate little accidents that lead to serious injuries can and often do happen in any workplace.There’s no denying the obvious. But what do you do when you suffer from a work-related injury which was caused by the negligence of your employer?

The majority of companies will find any minuscule reason not to award you your workers’ compensation for a workplace accident and won’t entertain contacting their insurance company. You’ll be bombarded with medical bills and lose time from work. So, who’s going to have your back when you’re fighting for the compensation you deserve?

The Department of Labor reported that there were around 2.8 million nonfatal worker injuries reported by private industry employers in 2017.Hiring a workplace injury attorney gives you the best chance to receive proper compensation from your employer when you are injured by your employer’s own negligence.

We’re going to let you know about workers’ compensation laws, when you need to hire a workplace injury lawyer or other law firm and what they can do for you, as an injured worker, in your time of need.

Types of Workplace Accidents That Lead to Injuries

A work-related accident in the workplace that leads to a personal injury can happen at any time. The most common accidents and injuries in the workplace include:

  • Burns from fires or chemicals in the workplace
  • Car accidents while traveling for work
  • Chemicals and toxic substances that can make you sick through exposure
  • Defective equipment due to the manufacturer or being poorly maintained by the employer
  • Defective structures that were either designed poorly or were installed improperly
  • Falls, trips,and slips from poorly maintained areas
  • Failure to mark dangerous areas such as spills or areas that are under construction

Fighting for Workers’ Compensation Insurance

Most major employers carry workers’ compensation insurance but when they analyze an accident, the company can be biased and deny their responsibility for your injury.

Furthermore, most workers’ compensation insurance policies won’t pay you the amount of money you deserve for your hospital bills, the money you’re losing from time off of work, and the mental health consequences that come along with an injury.

If you accept workers’ compensation for injury or illness from your employer, you can’t sue them outside of your workers’ compensation benefits. Once you receive these benefits, you are denying that your employer was liable for the accident or injuries sustained.

This is where a personal injury attorney comes into play. Your lawyer can help you get all the medical treatment and compensation benefits you are entitled to from your injury from your employer’s worker’s compensation policy.

However, some states don’t require companies to have a workers’ compensation insurance policy and the laws surrounding these insurance policies can differ for each state.

This can create an extra sticky situation for you in terms of receiving proper compensation.A work injury lawyer can help you in these frustrating situations as well. They’ll fight rigorously through a lawsuit with your employer or even any third parties involved in your accident.

With education and experienced workplace injury attorney, you’ll never have to worry about the financial situation your injury has put you in.

Injuries Due to an Employer’s Negligence

There are several different types of workplace accidents that can chaos in your life and that were caused by the negligence of your employer.

Since receiving worker’s compensation and medical expenses allows your employer to deny any responsibility for your accident, you may choose instead to fight your employer for negligence through a personal injury lawsuit.

Though almost every personal injury case is different, negligent situations in the workplace include:

  • Negligent Hiring: When an employer hires, they need to do background checks. If a coworker is violent or dangerous and has a criminal history, they shouldn’t be hired. If your employer hires them anyway with the knowledge of their history or fails to do a background check, they aren’t doing their job. If this employee is the cause of your accident, it’s considered negligent hiring.
  • Negligent Retention: Some accidents happen because you might have an unsafe coworker. When your employer hires an employee that continues to work unsafely, it’s up to the employer to either correctly train the employee or dismiss them. If not, someone can get hurt and that responsibility will fall on your employer.
  • Negligent Supervision: Negligent supervision is when your employer isn’t supervising the work of you and your coworkers and this results in someone being injured at work. This can also tie in with negligent training.
  • Negligent Training: If a coworker is the cause of your accident and it’s due to insufficient training, this falls back on your employer. It’s your employer’s responsibility to make sure every employee is trained and trained properly for your workplace needs. When an employee isn’t trained, this can cause accidents and injuries that could have been otherwise prevented.

How a Workplace Injury Attorney Proves Your Case for Negligence

In order to have a successful negligence case against your employer, your workplace injury attorney will have to prove four important factors in court.

These four elements include:

  • Duty of Care: An injury attorney will have to prove that your employer owed you a duty of care. In exchange for your work and besides payment, your employer owes you a safe workplace.
  • Duty of Care Was Breached: Once your injury lawyer proves that your employer owed you a duty of care, they must prove that that duty of care was breached. They will find evidence that proves this. This is where negligent hiring, negligent retention, negligent supervision,and negligent training come into the picture.
  • Injury: Next, your attorney must prove that you were actually injured. This will include medical records of your injury from a proper doctor.
  • Injury Due to Breach: Lastly, your attorney will have to prove that your employer’s breach of care of duty is the cause of your injury or injuries.

Conclusion

The right personal injury lawyers will be fully up to date on the very latest worker’s compensation laws and can make a big difference in either your claim or going to court for employer negligence. Their education and expertise in the injury field will guide you to the money you deserve for your injuries.

Jones-Act

Jones Act

Legal AssistantBusiness Law, Maritime Law, Personal Injury Law, Personal Injury Lawyers 1 Comment

No matter where you are in the world, you’re going to find laws that are controversial and, perhaps, downright unjustifiable. This is simply an unavoidable part of existing in the world today and, although societal progress has led to the elimination of numerous outdated and contentious regulations, there are many that still remain. Of course, this certainly doesn’t imply that as a civilized society we’ve somehow plateaued and are no longer progressing in the way we legislate, but rather there are just some legal codes that require careful thought before changing or dismissing.

The Jones Act of the United States fits this description as it has been hotly debated for many years. If you aren’t aware of what this particular law entails, or why it has been a source of debate, then this article is definitely something you should read. I say this because the Jones Act creates a rippling effect worldwide that affects many peoples’ lives, perhaps even your own. In this article, you’ll find out what this law entails and the various positive and negative repercussions it has on the people, communities, and countries it affects.

A good place to start dissecting the Jones Act is to first establish a firm understanding of what this law actually does. In order to do accomplish this, you’ll obviously need to know a little bit about its history. The Jones Act, which is also known as the Maritime Law and the Merchant Marine Act of 1920, is a United States legal code that is designed to help aid the government to regulate maritime commerce and maritime administration in the navigable waters of U.S. territory. It does this in a few ways, but the part that continues to be debated to this day is the law explicitly stating that all goods being shipped between any seaports overseen by the United States must be done so only by ships built in America. That’s not all, as the act goes on to say that not only do the ships transporting goods between American ports have to be made in America, they must also be owned and operated by American citizens or permanent residents of the country.

The law was partially created in order to give the U.S. economy a much-needed boost in the wake of the first world war. It also provided the sailors on these ships much-needed liberties, including the ability to sue the captain, crew or company operating the ship for any damages incurred during voyages. There are certainly more reasons and rationales behind what motivated the government lawmakers, as well as private citizens and lobbyists who rallied for this law’s creation, but let’s leave the past in the past. That’s not to say that this part of the Jones Act’s history isn’t important; it just doesn’t have much of an impact on how people argue for or against the law presently.

For some, the language of the law makes sense because it allows for United States-based companies to have a monopoly over whatever goods are going to and from American ports. Also, back in 1920, the United States was not the global economic power it is today and the Jones Act was a rather inventive way to cut all other countries out of its growing shipping industry. The tricky part about the Jones Act, however, is that, even though it helps some people, it hurts, perhaps, just as many—if not more—in the process. As mentioned above, the act does help sailors recoup damages incurred during voyages and it also is beneficial for American maritime businesses and the U.S. economy as a whole. By excluding foreign ships from moving goods between U.S. ports all of the profits from this industry stays in America. If this weren’t the case the United States wouldn’t be able to compete with other countries because they simply don’t have as many ships, ship manufacturers or maritime workers as most other countries.

The complexity of the Jones Act comes into play when you begin to break down how it drastically impairs certain parts of the United States shipping industry. Specifically states and territories outside of the continental United States like Alaska, Hawaii, and Puerto Rico which rely on the shipping industry for the majority of their goods. Since the Jones Act only allows these places a limited number of options when it comes to who can bring them what they need, the prices of everyday items are much more than what you see on the mainland. It’s basic supply and demand economics with the supply of Jones Act ships being much smaller than what the demand for goods is in those locations. The small number of ships that can transport to Alaska, Hawaii, and Puerto Rico allows for very little competition to supply the demand for goods. This means they can charge higher prices because there is nobody else offering cheaper more competitive rates. These locations, as well as the mainland states also see delayed shipments and increased costs simply because there aren’t enough Jones Act ships to meet the demand. Puerto Rico is, perhaps, the area who suffers most under the Jones Act with shipping costs being twice as much as what they would be if allowed to be brought in by foreign ships from foreign ports.

As you can see, the Jones Act is unquestionably a double-edged sword that many people want to see changed or eradicated altogether. Unfortunately, if the law was repealed many people would lose jobs, the United States shipping industry would get taken over by foreign businesses, and the American economy would be drastically affected. There have been instances where the Jones Act has been temporarily suspended, but these only occur after a natural disaster when the need for goods is a matter of life and death.

There have been many ideas on how to improve and change this law throughout the years since its conception, but they often further contribute to the problem instead of solving it. In fact, a supreme court ruling in 1995 specifies that anyone working on a Jones Act ship for less than 30% of their annual workload is not considered a “Jones Act seaman,” which prohibits them from many of the benefits they would otherwise have got such as compensation for medical expenses and lost wages for a work-related injury or other negligence by the employer. This 30% rule is also attached to anyone working on a “vessel” which is defined as anything capable of being used for transportation over water, including surfboards and kayaks. This hurts a lot of recreational business who now have to incorporate this rule into their business plan which undoubtedly complicates everything.

Injury-Lawyer

Injury Lawyer

Legal AssistantPersonal Injury Law, Personal Injury Lawyers Leave a Comment

Due to the rather fragile nature of the human body, nobody in this world is impervious to injury. No matter how careful and protective you are, there’s simply no avoiding the fact that at some point in your life you’ll suffer some kind of bodily harm.

Though the seriousness of this inevitability certainly has a broad range of effects and causes, some unfortunate injuries can seriously alter the course of a person’s life. When these types of personal injury arise, the pain and mental anguish of the damage caused are not the only uphill battles this unfortunate soul will be faced with. In fact, even after fully recovering both mentally and physically from the injury, there will usually be some kind of financial repercussion this person will have to deal with as well.

These monetary responsibilities are often the hardest part of the process to overcome, especially when the injury has left the person unable to work or perhaps even care for themselves on a day-to-day basis. There is somewhat of a silver lining, however, because there are many great injury lawyers who can dramatically help ease these burdens.

A personal injury could include medical malpractice, a birth injury, defective products, an auto accident, property damage, and so on. Furthermore, even though it wasn’t necessarily your fault, who is going to pay for medical care and medical expenses, lost wages and workers’ compensation—and ensure fair compensation? Of course, not every injury requires the need for a lawyer, but if you feel that your injury was caused by the fault of someone or something other than yourself, then this article is definitely something you should read. I say this because it’s not always easy to know what skills, knowledge, and experience a good injury lawyer should have. Thankfully, this article will explain what any person seeking compensation for their injury should be on the lookout for when choosing a lawyer to represent their case. There is also a bit of general advice sprinkled in that will also help guide you throughout this process.

To start, it’s first important to understand that choosing a lawyer, law firm or injury attorney to help begin a personal injury lawsuit and ensure you receive compensation for your personal injury can often be a rather personalized choice. This is certainly understandable as some people may value certain characteristics in their lawyer over others. Some want their council to be friendly and sympathetic while others care more about a lawyers’ success rate rather than their personality. With that being said, the advice in this article does not exemplify one characteristic over any other but is simply a guide to some of the more helpful qualities to look for in a good injury lawyer.

When going through the process of finding an injury lawyer for a settlement, it’s often beneficial to be aware of and put a little faith in your initial impressions of the lawyer you are thinking of hiring. If you sense a strong feeling of honesty, loyalty, and sympathy coming from your personal injury lawyer then you should probably give them serious consideration, even if they don’t have the most experience. The same advice goes for any negative “gut” feeling you sense from a lawyer too. Don’t be pressured into hiring someone you feel lacks empathy or gives off an icky vibe. Our natural instincts are commonly more right than wrong and should definitely be evaluated during your search.

Another item to be conscious of when looking for the best personal injury attorneys you can afford is the amount of experience they have in personal injury cases similar to your own. You’ll typically want to avoid the somewhat younger and less experienced attorney as they simply don’t have the knowledge and experience that comes with years of practice regarding injury cases and receiving a settlement that is fair. This is especially true if your case is against an insurance company who will have a significantly larger team of lawyers or even an entire law firm with decades of experience in these types of cases. You can find quite a bit of information about any lawyer by doing an internet search or calling your state or country’s local bar association.

Besides having a solid understanding of your potential lawyer’s injury case, you’ll also find it helpful to know a little bit about their educational background and how active and involved they are as an injury lawyer. You can usually find information regarding a lawyer’s education from their website or the local bar association. Though where any particular lawyer got their law degree doesn’t fully encapsulate their skill and knowledge, it’s fair to say that some schools are better and more challenging to their students than others. If you or anybody you ask has never heard of the school where your potential lawyer attended, you may be better off looking elsewhere. The same goes for any lawyer you come across that isn’t up-to-date and actively involved in injury law. You should strongly consider men and women who do more than just go to court every once in a while. Pretty much any lawyer can claim to be an injury specialist, but most will only have completed the minimum requirements to work in the field. Look for an attorney who has recently published work or held lectures and seminars on the subject. These actions display a level of dedication, passion, and knowledge of the subject which is sure to help your odds of winning.

To wrap up, there are also a few basic items you should be aware of when looking for a good injury lawyer. The first is how much do they expect to be paid if the case is ruled in your favor and also what they expect if you lose. You should also acquire a good sense of how their law office works. Questions such as “How many current cases are you handling?” and “How much time can you devote to my case?” will help you get a good sense if they are a good fit for you or not.

These are just a few of the helpful ways that will hopefully aid you in finding a good injury lawyer and there are certainly many others that you may want to consider. You often only get one chance to get compensation from those you feel are either partially or fully responsible for your injury. Following these tips will definitely increase your chances of winning and although it can’t undo the pain and suffering your injury has caused, it can, however, bring a fair amount of relief and closure to this chapter of your life.

False Claims Act Penalties

False Claims Act Penalties

Legal AssistantBusiness Law Leave a Comment

When discussing the United States judicial system and the various laws, civil penalties, liability, justice, codes, and regulations set forth by the federal government, you tend to get opposing viewpoints on a number of issues that these topics invoke. While some people wholeheartedly agree with certain rules and penalties for making a fraudulent claim, others may argue that these federal law rules don’t make sense or the punishments are too harsh. These discussions can snowball into much larger issues when more and more people get involved and can even boil over to the point of mass protests and civil unrest both in and out of court.

Though these situations are somewhat few and far between, they are nonetheless an important and viable way to get unfair laws and regulations changed. No government is perfect and it’s up to individuals to come together as citizens to voice displeasure in certain government actions. One such issue that has been gaining momentum and seeing an observable increase in the number of people taking notice is the False Claims Act.

While this topic may be unfamiliar to some, it’s definitely in your best interest to learn about and understand the various nuances associated with this act. I say this because there has been an uproar of displeasure with some of the changes made to the False Claims Act, more specifically the penalties levied against those who are in violation of it.

This article will help guide you through these important issues as it will explain a little about the history of penalties associated with the Federal False Claims Act, how it will affect those intent to defraud and, more importantly, what is happening currently that has people protesting both in support, and disapproval of the changes being made. Not only will this information help you form an educated opinion on the topic, but it could also help protect you, or someone you know from being unfairly punished with what many believe are overly excessive penalties.

The Federal False Claims Act was enacted by President Abraham Lincoln in 1863 in response to claims of fraud and corruption by businesses supplying the Union army with weapons, and other such items during the Civil War. Needing help from its citizens, the United States government passed the act, which allowed people to sue those actively defrauding the government. The government would then share the monetary damages awarded with the person who initiated the investigation and punish those responsible.

The initial Federal False Claims Act penalty was that the guilty party had to pay double what the damages were found to be, as well as a $2000 fine for each false claim submitted against them. The money received was then split equally between the government and the person who filed the suit with each party receiving half of the money awarded.

In 1943, the United States government altered the Federal False Claims Act by reducing the amount of reward money given to whistleblowers. They also added a clause which allowed them to eliminate suits filed by people based on evidence that was already in the government’s possession even if they weren’t currently investigating the issue. These changes severely reduced the number of people willing to cooperate with the government as the incentives to do so were simply not worth the trouble.

Similar to the initial causes for enacting the Federal False Claims Act, in the late 1980s during the height of the Cold War, inaccuracies in defense contracting spending, along with multiple claims of billing fraud, led Congress to make another round of changes to the False Claims Act. Since the incentives to file a suit on the government’s behalf was not enough to persuade people with the information needed to prove the defense contracting fraud claims were true to come forward, the government was pretty much forced to make changes.

They did and amended the act giving 15% to 30% of the monetary damages to people whose cases were successful and also gave them protection from workplace retaliation. Another significant change that was enacted during this time was that monetary penalties for those guilty of defrauding the government are now to be held responsible for treble damages and payments for each claim in the amount of anywhere between $5,000 and $10,000. For those who are unaware of what treble damages refers to, it basically means that the government can triple the amount of damages being awarded to the plaintiffs if the case meets certain criteria. These include—but aren’t limited to—if the guilty party displayed willful intent in their violations and certain anti-trust and racketeering cases.

The addition of treble damages is a key reason why some people believe the government may be over-penalizing people and business who are subjected to them. To make matters worse a new round of changes in 2016 saw the False Claims Act penalties rise once again. These were not small changes as the payments for each claim was doubled from a $5,000 minimum payment to almost $11,000 and the max amount from $10,000 to $20,000.

The doubling of payments seems a bit much, but what is most concerning to people is that the treble damages clause gives the government the ability to significantly increase the amount of money it receives from those found guilty to the point of being overly excessive. In fact, there have been recent instances of judges ruling that the fines imposed on people guilty of defrauding the government were so astronomical that they were deemed unconstitutional. It’s rather alarming that the government would use the False Claims Act penalties to seek monetary amounts that are vastly disproportionate to the actual damages caused.

Of course, there are always going to be those in favor of harsh penalties for every person who breaks the law and also those who believe these excessive punishments are unjustifiable. There are certainly convincing arguments for both sides and currently, the debate has garnered the attention of many concerned citizens. Hopefully, this article provided you with enough information to become involved in the debate and further investigate the subject. It’s important to take an active stance on topics like this because it raises important questions regarding government abuse of power and much more.

Oil and Gas Injury Lawyer

Legal AssistantPersonal Injury Law, Personal Injury Lawyers Leave a Comment

A personal injury sustained by men and women in the workplace is not uncommon. And, although most cases are not serious enough to require litigation, there are certain instances where judicial review is necessary.

These types of cases present a number of legal hurdles to maneuver, however—especially when the accident results in serious injury or wrongful death.

Large companies, especially oil and gas companies, tend to have teams of lawyers, a dedicated law firm, or even personal injury attorneys on retainer and an endless amount of money to fight court cases for expanded amounts of time.

The sad truth is that these obstacles are often seen as so impossible to overcome that some people who have suffered a serious workplace injury such as a burn injury due to a gas explosion or related oil field accident simply don’t bother taking their case to court because they believe they won’t win. Taking this route of inaction will undoubtedly cause a person to think about whether or not they made the right choice and these thoughts can often lead to feelings of regret.

Not Taking Legal Action

For those who want to avoid the unhappy thoughts brought forward by the regret of not having pursued legal action against their employers when a workplace injury has occurred and ended up with astronomical medical bills to deal with catastrophic injuries, it’s important to know which types of accidents and personal injury commonly result in workers’ compensation being awarded. This may not be necessary for some occupations, but for the more dangerous and risky jobs, the more you know about the types of injuries incurred can not only help you to avoid them but also give you a foundation to fight for compensation if they happen.

This article will explain some of the more frequent types of accidents of one such dangerous occupational field, which has seen a relatively steep rise in workplace injuries over the past several years, the oil and gas industry. Knowing this information will not only help you to understand the causes of many types of oil and gas related injuries but also give you enough facts to seek out experienced oil and gas injury lawyers or personal injury lawyers who will fight for you.

If you’re wondering how knowledge of the causes of oil and natural gas-related injuries will help you in a court of law, the answer is that it’s simply a matter of seeking out who or what was responsible for the accident and whether or not it could have been avoided by some sort of intervention by the employing company. Sorting this out can become rather convoluted depending on the circumstances, but if you have been involved in an any of the types of accidents explained in this article, or work in the oil and gas industry, it’s definitely in your best interest to know as much as you can.

Heavy Equipment, Serious Injuries

One of the more numerous causes of workplace accidents oil and gas injury lawyers fight for is when there is a heavy equipment failure resulting in a person getting hurt.

These cases are often taken to court because the matter of who or what is responsible is not always clear. Equipment can fail for any number of reasons, but it’s the company’s responsibility to ensure that this equipment is safe to operate by ensuring that adequate maintenance is given to the machine and also that those using it receive appropriate safety and operational training.

A good oil and gas injury lawyer will help you in these types of cases by providing proof of responsibility that either the company or the machine’s manufacturer was at fault. Whether it was because of the reasons mentioned above or by another less common cause, an oil and gas lawyer will know the various nuances surrounding these cases and will help prove you were not at fault.

You can’t talk about oil and gas workplace injuries without mentioning the rather high risk of fires, explosions, and well blowouts this job creates. Due to the fact that most—if not all—equipment used in the oil and gas industry is run on highly combustible fuels, fires and explosions are bound to occur.

Seeking out who is responsible when a fire or explosion causes significant injury is again not always obvious, but a good oil and gas injury lawyer will have the expertise to deduct responsibility from your case information and help prove what they found in court.

The same can be said when the drilling process causes the uncontrolled release of oil and gas during a well blowout. When this happens, the company is typically at fault, but even when the responsible party is fairly obvious these cases can take years to be resolved. Having a good oil and gas injury lawyer can usually help speed up the process and get you the compensation you deserve.

Fracking for Oil

The rise of hydraulic fracking in many countries has brought with it many dangerous and risky situations that have resulted in injury over the past several years.

Fracking for oil and gas involves drilling a deep hole in the earth where oil and gas reside in the cracks of rocks and then attempting to extract it by injecting water or other fluids into the cracks to bring the fuel to the surface This process is risky and dangerous because of the pressure involved in both the drilling and extraction process. Spills of toxic materials and explosions can occur and injuries are usually the result.

The final injury type to discuss is that of the many slips, trips and falls oil and gas workers suffer every year. These are some of the more frequent types of cases that go to court because deeming who was responsible can be contentious.

The reason for this is that many workers in this industry just accept that the slip, fall, or trip resulting in injury was their own fault for some reason or another. Though this can be true in some cases, there are many instances where unsafe environments, wobbly walkways, or fatigue from working long hours are the primary cause of a slip, trip, or fall injury.

Explaining the circumstances behind your accident of this nature to an oil and gas injury lawyer could prove someone other than yourself was at fault and help you get the compensation you deserve.

Final Thoughts

There are obviously many other types of oil- and gas-related workplace injury cases but no matter what the cause is, it’s still in your best interest to at the very least explain the circumstances to a lawyer. From there, they can determine whether or not your injury case was preventable or the fault of someone other than yourself.

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Oil Field Injury Lawyers and What You Should Know

Motorcycle Accidents

Motorcycle Accidents: Risks, Causes, and Liability

Legal AssistantPersonal Injury Law Leave a Comment

Motorcycle accidents are very different from car accidents in a lot of ways which often leads to very different outcomes. There are a lot of things about riding a motorcycle that are very different from driving a motor vehicle which makes the level of injury sustained by a motorcyclist much more severe. Head-on collisions could result in serious injury such as a traumatic brain injury and, without appropriate compensation, medical bills for the accident victims could spiral.

Let’s take a closer look at what makes riding a motorcycle so risky, how liability is determined in the event of a crash, and what are some of the most dangerous situations for motorcyclists. Remember, motorcycle accidents aren’t necessarily more common than car accidents but they are more likely to result in serious injury or death.

What Are the Risks of Riding a Motorcycle?

As all insurance companies will tell you, it goes without saying that there are a lot of differences between driving a car and riding a motorcycle. One of the most obvious things is that motorcycles are smaller and lighter than cars and motorcycle riders are completely exposed. This makes any substantial motorcycle crash much more likely to end in death or sustain serious injuries than car accidents and emphasizes why it’s so important for motorcyclists to wear the proper protective gear.

Here are some of the risks of riding a motorcycle that you might not have considered:

  • Motorcycles are less visible to cars. Because they’re smaller, they’re easily hidden behind other cars, signs, or buildings on the side of the road. This is especially true for intersections.
  • Road hazards are more dangerous. A pothole, uneven surface, gravel, or wet road may not affect a car much at all but these things can be very dangerous or even deadly for a motorcycle.
  • They’re not as stable as cars. It’s simple science. Because they have two wheels instead of four, motorcycles are more likely to have trouble when braking or trying to avoid an accident.
  • They’re easier to abuse. Lightweight, powerful motorcycles accelerate quickly and can achieve very high-top speeds. Most motorcyclists are responsible motorists who have obtained a special license to be able to ride but there are some who will abuse the speed and power of the bike.

How Is Liability Determined?

How Is Liability Determined

In most accidents, liability is determined by figuring out who behaved negligently or in a careless manner that led to someone else getting injured. Everyone on the road is expected to act reasonably carefully. If someone doesn’t and causes an accident, that person is usually found to be the one at fault.

In motorcycle accidents, it’s common for the other driver to be found negligent for simple things like not checking that the roadway was clear before making a left-hand turn or speeding through a red light. Remember, motorcycles aren’t as easy to see as cars so they’re much easier to miss if you’re not looking carefully.

Of course, motorcyclists don’t always drive responsibly, either, which is why the law requires the injured party to prove negligence.

An injured person has to show that the defendant or driver at fault was not being careful and driving like a reasonable person, that injuries or losses resulted from the accident, and that the defendant caused the injuries.

It’s also possible that both parties are at fault and the motorcyclist was not driving in a careful, reasonable manner. For example, the driver of the car may not have seen the motorcyclist because they were driving too fast or weaving in and out of traffic. In that case, the motorcyclist may get a reduced settlement or no settlement at all depending on the specifics of the situation.

What Are the Most Common Causes of Motorcycle Accidents?

There are some common situations that motorcyclists face that put them at higher risk of being involved in an accident.

While a lot of drivers might think motorcyclists are more often at fault, most motorcycle accidents result from a car striking a motorcycle. The most dangerous situation of all is when a car is making a left-hand turn and the motorcycle is either crossing the intersection, passing the car, or attempting to overtake the car. In this situation, the person making the left-hand turn is usually found at fault unless the motorcycle was speeding or otherwise behaving irresponsibly. This is a common accident scenario for two cars as well but, again, there’s a much high chance of death or serious injury if a motorcycle is the one that’s hit.

Lane splitting is another situation that can cause problems. This is when a motorcycle drives between the center of two lanes of cars that are stopped or moving slowly and is actually illegal in some states. This behavior can cause problems, even when done legally, because of how close together the motorcycle is to so many cars, the small space that the motorcycle has to move around in, and that cars just aren’t expecting a motorcycle to zip past them in that kind of traffic situation.

If lane splitting is illegal in the state where the accident occurred, the motorcyclist will be found at fault for the accident because they were the party acting carelessly and breaking the law.

On the other hand, if lane splitting is legal, determining who’s at fault in a situation like this can be a little hairier.

Of course, there are motorcycle accidents that don’t involve any other vehicles. Single motorcycle accidents usually occur when the rider is speeding or impaired. These are some of the same factors that cause single car accidents, too, but because motorcyclists are less protected, there’s a much greater chance of significant injury or death.

Stay Safe, Be Protected

If you ride a motorcycle, here’s the big picture. Regardless of who’s at fault, you’re going to be the one paying for it after an accident. Motorcyclists are much more likely to get injured or even killed in an accident than someone in a car which is why it’s important to always stay safe. Drive responsibly and wear the proper protective gear. You never know what can happen, through no fault of your own.

If you were in a motorcycle accident, you search for a skilled personal injury plaintiff’s attorney here.