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As most airline companies are based overseas, making them liable for any accident or injury can prove to be a challenge. There are several factors that can cause aviation accidents but whatever they are it will almost always be fatal for everyone on the plane. Depending on the cause, different parties can be held liable for the airplane crash. Aviation accidents are governed by Federal and state laws. Most states impose criminal sanctions on the liable parties.

Aviation laws are designed to maintain safety. There are several government agencies that regulate the aviation industry. The Federal Aviation Administration (FAA) handles aviation safety. The National Transportation Safety Board (NTSB) investigates accidents and provides safety recommendations to prevent future accidents. It is worth noting that these two agencies are independent of each other.

As to who can be held liable for aviation accidents? It will depend on the cause of the crash. For example, if the accident was due to human error or negligence, the liability will fall on the owner and operator of the aircraft. If the crash resulted from engineering or mechanical failure, the manufacturer or supplier of the components can be held liable.

The General Aviation Revitalization Act of 1994 (GARA) was enacted as protection for manufacturers of smaller private aircraft from any liabilities from accidents involving older airplanes and/or components. Under the law, a manufacturer of an aircraft or component part cannot be sued if the item has been operating for 18 years. GARA, however, is not applicable to aircraft that is involved in scheduled carrying of passengers or air medical services operations when the accident happened.

The liability will also differ depending on whether the flight was domestic or international. The rules will vary depending on the state as well as the airport. This is the reason why aviation accidents is one of the most complicated when it comes to determining liability. You can consult a Milwaukee accident lawyer for help on filing the case.

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Automobile and Pedestrian Accidents

Posted By on Apr 14, 2016

The National Highway Traffic Safety Administration’s (NHTSA) Traffic Safety Facts 2013 Data show the following statistical figures on pedestrian accidents for the said year:

  • A total of 4,735 pedestrians were killed in traffic crashes;
  • More than 150,000 pedestrians were also injured and treated in emergency departments;
  • 19% of all pedestrian deaths involved older adults or those aged 65 and above;
  • For every five children (below 14 years old) who died in traffic crashes, one was a pedestrian;
  • 49% of the traffic accidents that resulted in pedestrian death involved an alcohol-impaired driver, an alcohol-impaired pedestrian or both;
  • Most of the accidents that resulted to death of pedestrian occurred at night, at non-intersection locations and in urban areas.

Drivers of motor vehicles are almost always the ones blamed in pedestrian accidents. But while it is true that many drivers act recklessly or negligently while behind the wheel, some even deliberately driving too close to people to the point of almost hitting them, so many pedestrians have also become less careful when crossing the street. Below is a list of acts of negligence that drivers and pedestrians are guilty of:

  • Some drivers are guilty of speeding and aggressive driving; some pedestrians, on their part, are guilty of darting in front of vehicles, and failing to use designated cross walks.
  • Many drivers drive aggressively even during heavy traffic or drive faster during light traffic flow; many pedestrians, on their part, run through intersections or suddenly cross the street despite the high volume of motor vehicles on the street.
  • Many drivers are guilty of distracted driving, which takes away their attention from the road; some pedestrians, however, never check for possible approaching vehicles before crossing, while a number of others are much more absorbed on using their mobile devices, especially their cell phones, even when crossing the street.

As explained on the website of the Sampson Law Firm, ensuring the safety of pedestrians is not just the concern of motor vehicle drivers, of the federal, state and local governments, and private concerned groups. First and foremost, it should be the concern of the pedestrian himself/herself, which means, actually, of everyone in the United States because being a pedestrian is one thing that all Americans share in common.

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Despite improvements in medical and technological knowledge, there are still many instances that can go wrong during childbirth. One of those is Erb’s palsy. It is an injury sustained only during actual delivery and entails stress to the nerves located close to the neck known as the brachial plexus. The trauma occurs when the neck of the baby is stretched throughout a difficult delivery including a breech presentation (feet first), prolonged labor, or expulsion of a large baby. It may likewise be caused by the poor use of some instrument to ease delivery or improper technique, in which case the doctor might be responsible.

There are varying levels of trauma, from light (neurapraxia) to (avulsion). In neurapraxia, the nerves are injured but maybe not split, so the nerve should mind within 3 months. Avulsion, nevertheless, is the complete detachment of the nerves in the spinal cord, which can’t be fixed.

The brachial plexus controls the movement of palms and the arms. Infants who suffer Erb’s palsy might have partial, or numbness and weakness in a single arm or complete paralysis. The permanence of these results will depend on the degree of the injury as well as the accessibility to treatment.

It must be noted that it can be tough to prove neglect as this form of trauma might be attributed to factors such as poor maternal health, beyond the attending physician’s control. Nonetheless, when the circumstances clearly indicate negligence, which includes the refusal of the physician when mom requested a caesarean section to do it also, then that is a different matter.

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A brain hemorrhage is a type of stroke that occurs when an artery in the brain bursts due to pressure build up, causing cell damage and bleeding. This build up in pressure is caused by factors such as head trauma, high blood pressure, blood vessel abnormalities, aneurysms, and blood clotting complications. Developing a brain hemorrhage is a very serious condition, causing symptoms that can be severe and even fatal. Anyone who experiences the first signs of a brain hemorrhage should seek out medical attention immediately.

The following are just some of the early symptoms one should look out for:

  • Sudden and severe headaches
  • Weakness in one’s extremities
  • Nausea or vomiting
  • Feeling lethargic
  • Changes in vision
  • Abnormalities in sense of taste
  • Loss of balance and coordination
  • Difficulty with speaking, reading, and other cognitive tasks
  • Difficulty with motor skills
  • Seizures
  • Loss of consciousness

According to the website of Williams & Kherhker, these symptoms can quickly worsen and develop into either two types of hemorrhagic stroke. The first type is referred to as intracerebral hemorrhage. It is called such because of where the bleeding takes place. With an intracerebral hemorrhage, the patient experiences bleeding inside the brain due to a damaged blood vessel. The other type is called subarachnoid hemorrhage. This occurs in the surface of the brain, beneath one’s skull. It is caused by damaged blood vessels that are further complicated with fluid supporting one’s brain and spinal cord.

There are many risk factors that cause brain hemorrhage to occur in certain patients. Aside from those already mentioned earlier, the risk for brain hemorrhage can also be increased by certain medications. One such medication is the anticoagulant drug called Xarelto. While Xarelto has proven to be helpful in preventing blood clotting complications in certain patients, there are also several noted concerns that patients need to be wary about. This is particularly true for those that are alreay at risk for brain hemorrhaging and other similar complications.

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Cancers and Asbestos

Posted By on Apr 15, 2015

It doesn’t matter who you are or where you come from or what your net worth is – cancer can come to you at any time.

Take the example of Taylor Swift, for example. Successful, loved by millions, young, and beautiful – tragedy can strike even now at the height of her career as her beloved mother has been recently diagnosed with cancer. The Swift family has chosen not to disclose the full details of Andrea Swift’s diagnosis and treatment, but urged families everywhere to get checked as soon as possible as early detection can save lives and make the transition and treatment just that much easier.

There are some cancers that are quite treatable, where the patients have a high chance to coming out of it the treatment with no evidence of cancer (NEC). Such cancers where these situations are possible are cancers like breast cancer or osteosarcoma. Usually, these treatments involve the extraction of the infected or cancerous part of the body to keep it from spreading. There is usually a percentage of remission, whatever the circumstance may be.

However, not all cancers are easily detectable or are even curable. These cancers are as rare as they are malignant and one such example is that of mesothelioma. This is a kind of cancer that is caused by even the littlest bit of exposure to asbestos and can be so insidious that it could take years before any signs even develop. This is a kind of cancer that usually takes hold of the lungs or abdomen but, according to the website of mesothelioma lawyers Williams Kherkher, there have been some cases where it has been shown to affect the heart as well.

Asbestos has been outlawed from use as construction material, due to its harmful side effects (mesothelioma being its most lethal possibility), and exposure to such material warrants an investigation in order to know how and where the victim was exposed to asbestos. As was said before, cancer does not choose its patients by any kind of social construct – sometimes, all it takes is an innocent, unwitting bystander who so happens to be at the wrong place, at the wrong time, to breathe that toxic air.

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It is easy to think of bankruptcy as a one-all, end-all type of solution. Many assume that it is automatic forfeiture of all your assets in order to avoid jail time or other consequences that result from being unable to pay your bills or debts on time. Others fear for the safety and security of their family for the option of having homes foreclosed and vehicles repossessed is a very true scenario that can happen to just about anyone.

However, bankruptcy isn’t exactly what most people think that it is. It may not be the automatic answer that everyone wishes for but it could mean a steadier means of settling all your financial troubles, further balancing your life and making it more secure for the future.

Bankruptcy is a complicated arena of law. As it deals with finances (sometimes the corporate coliseum — as is the case for some business owners), pursuing bankruptcy can turn increasingly complex due to the delicate nature of the subject matter that it handles. Legal assistance is better suited to help you instead of just deciding what kind of bankruptcy to file for on your own because experts in the field have better experience and insight with this kind of situation. Will you trust a paramedic to build a forty story building? It is the same basic principle. This kind of work is better suited to those who have done the groundwork in the field.

On the website of Erin B. Shank, P.C., each case is markedly different due to the lifestyle choices and credit history of the client. This means that in order for you to file for the right kind of bankruptcy, your case must be individually assessed by a legal expert that focuses on bankruptcy law in order to figure out the best, smartest path to put you on, leading you further on into the road to financial stability.

If you or someone you know is thinking of filing for bankruptcy due to incredibly difficult financial circumstances, it is advisable for you to seek legal assistance immediately.

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One type or drug that is prohibited in the US is methamphetamine, an extremely addictive synthetic or artificial stimulant that is made from chemicals and which directly affects its user’s central nervous system. This Substance II drug is available in crystal or rock-like form, as pills, or as white or yellowish crystalline powder and it can be injected, swallowed, smoked or inhaled. Methamphetamine is also known under the names speed, ice, methlies quick, crystal meth, tweak, yaba, fire, glass, crank, yellow bam, stove top, upper, poor man’s cocaine, and trash. Increased or prolonged use of methamphetamine is said to lead to obsessive compulsive behavior, brain damage, paranoia, mania, psychosis, organ failure, loss of appetite, increased blood pressure, disordered thinking, extreme mood swings, aggression, and rotting of the teeth. Heavy users, however, are never advised to immediately discontinue using the drug as this may lead to withdrawal symptoms, severe depression, anxiety, fearfulness and lethargy.

A Substance II drug, as defined by the US Controlled Substances Act (CSA), is a drug that has a high potential for abuse and dependence. Thus, while possession of methamphetamine is considered illegal, more so is its distribution or sale. Besides the drug itself, however, federal and state laws also strictly prohibit the possession of any paraphernalia and chemicals associated with its manufacture.

A drug crime, though, is not limited to possession and/or sale of prohibited substances, but also includes manufacture, delivery, trafficking and use of these. With regard to methamphetamine, mere possession of this drug can mean up to $10,000 fine and 2 years imprisonment, while possessing large amounts of it can result to a $100,000 fine and no more than 99 years jail term.

The seriousness of a drug offense necessitates a well planned argument and defense, as well as substantial evidences that can lead to a not guilty verdict, the dropping of the case, or, in case of a possible conviction, being given the least punishment. To be assured of any of these outcomes, however, the article continues that the accused will definitely need a lawyer who is tough and highly-experienced in court proceedings involving drug crimes.

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An Overview of LHWCA

Posted By on Sep 25, 2014

Maritime workers are not eligible for workers’ compensation for work-related injuries such as regular employees are under state or federal law. Instead they are covered by a special federal provision called The Longshore and Harbor Workers Compensation Act (LHWCA) which was originally enacted in 1927 to cover dock workers and longshoremen. It was only in 1972 that the LHWCA was expanded to include maritime workers that are not covered under The Merchant Marine Act of 1920, also known as the Jones Act, as well as civilians working on all US military bases as provided for by the Defense Base Act.

The LHWCA is generally more generous in terms of benefits than those accorded to employees covered by state-mandated workers’ compensation. The LHWCA, for instance, provides permanent partial disability payments while state workers’ compensation does not. Another difference is that the total temporary disability is equivalent to 67% of the maritime worker’s weekly wage while regular workers are paid just 60% of their average weekly wages under the workers’ compensation insurance. One thing they have in common is both are no-fault coverage as long as the injury or illness is work-related.

With these advantages, it is understandable that an injured worker would rather be covered under LHWCA than state workers’ compensation insurance, but the LHWCA only covers employees that spend a significant portion of the working day doing maritime or water transport-related work in an area that is on or near navigable waters. This excludes employees employed in the maritime industry but the nature of the work is exclusively secretarial or office work.

Other maritime industry employees excluded from the LHWCA are:

  • Builders and their employees of ships less than 65 feet long
  • Marina employees not engaged in replacement, construction, or expansion of the marina save for those in maintenance
  • Recreational boat mechanics and repairmen
  • Fish and related farming employees
  • Employees covered under the Jones Act

If you satisfy the requirements for coverage under LHWCA and you sustain a work-related injury or illness, you may be eligible for LHWCA benefits. Consult with a maritime lawyer to find out your rights.

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