Architectural Malpractice

Posted by on Aug 18, 2012 in Law, News, Personal Injury Law | 0 comments

Architects and contractors are licensed and educated professionals who owe a clear duty of care to their customers which requires them to create structures which are reasonably safe for use. There are extensive standards, codes, and requirements in place to help ensure that this duty of care is upheld, but not system is perfect and mistakes caused by negligence or recklessness can still be made.

According to the website of The Williams KherkherLaw Firm, liability in issues related to defective building construction can be a difficult legal issue to tackle, as building failures and accidents typically take place long after the involvement of the architect or the general contractor responsible for the construction of the building. Extensive investigation may be necessary to determine the root cause of the accident, and then demonstrate effectively that the issue was one which could have been reasonably prevented by competent practice. Failure of building materials can be a minor issue inflicting only economic loss to fix repairs, but can also result in serious accidents and injuries.

Types of Malpractice

Identifying the responsible party following an accident is a matter of understanding the nature of the failure and then being able to attribute the responsibility for that components safety to an individual or other entity. The following are a few examples of negligence in building construction:

  • Lack of responsible oversight during the construction process
  • Using inferior building materials
  • Failure to adhere to building codes
  • Unsafe design
  • Failure to survey the land to identify potential complications

When you or a loved one suffers an injury due to an architectural misstep which leads to a dangerous condition or accident, you will be faced not only with the cost of repairs to the structure but hefty medical expenses stemming from the accident. With the assistance of a personal injury attorney you may be able to effectively demonstrate the negligence of the architect, contractor, or other party involved in the construction of the building in order to obtain compensation for your losses.

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Crane Collapse Injuries

Posted by on Aug 16, 2012 in Construction Accident Law, Health, Law | 0 comments

A crane collapse can be one of the most horrifying mechanical errors during a construction project. These accidents are often preventable and can inflict significant injuries that otherwise would not have occurred. If a construction worker is injured because of an avoidable crane collapse, the projects general contractor may be legally liable for the consequences. A worker may be able to obtain compensation for injury-related costs, including medical expenses, through a successful legal action.

Crane collapses may be caused by a variety of problems that are often entirely preventable. Through proper maintenance and care, cranes may be operated with few problems. If an employer fails to ensure that stabilizers and other crucial safety features are working properly on the crane before it is used, the results can be destructive and might inflict upon workers life-changing injuries.

In addition to problems with mechanical failures, the use of the crane needs to be properly planned and prepared for by a general contractor. This requires clearing an area for the use of the crane, making sure that any electrical elements are turned off or safely avoided, and verifying that the crane’s weight can be supported by the ground or platform it is put on during use. If the necessary steps are not taken to ensure safe and well-planned use of the crane, these heavy machines can malfunction and may fall or topple over as a result.

If your injuries were caused by a crane collapse, there may be legal options available to help you seek financial compensation. A New York construction accident attorney can help you to better grasp your options and to take action against the party liable for your injuries and suffering.

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Dangerous Roadway Defects

Posted by on Aug 16, 2012 in Law, Personal Injury Law, Society | 0 comments

For all the caution and care that drivers exercise to avoid causing or becoming involved in accidents, the reality is that this may not be enough to protect them. One easily overlooked danger is the presence of roadway defects which make the road itself a hazard. Motorists have a reasonable expectation that the roads will be properly built and maintained, but municipal authorities often fail to fulfill their duties in this regard and accidents may occur as a direct consequence.

Car accidents caused by highway defects can lead to severe injuries for those involved. This, however, is only the beginning. While a persons health is the most important need to address in the immediate aftermath of an accident, emotional trauma and considerable financial hardship are also likely to arise. If it is determined that municipal negligence is to blame for the accident, it may be possible to file a civil lawsuit seeking financial compensation to address these and other pertinent damages.

3 Common and Dangerous Defects

A roadway might become defective in a lot of different ways, but again and again, the following three defects are reported in association with car accidents:

  • Shoulder Drop-Off
  • Missing Road Signs
  • Potholes

These three defects contribute to a significant number of car accidents and injuries across the United States. In most cases, injury accidents could have been prevented if municipalities that were tasked with roadway maintenance had taken greater care to ensure that they performed their duties. If you have been hurt in a car accident caused by a roadway defect, it is advisable to speak with a qualified personal injury attorney regarding your legal rights and options in this matter.

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Mediated Divorce

Posted by on Aug 14, 2012 in Business, Law, Personal Injury Law | 0 comments

Although it can be very difficult, sometimes filing for a divorce is the right thing for a couple to do. Legal separations such as these can become very complicated and confusing, especially during such an emotionally trying time. Some divorcing couples find that traditional procedures used for divorce create an overly hostile environment and, thus, choose to opt to enlist the services of mediator. A mediator can actually make the process much easier and may at least keep an unpleasant process from burdening either party with unnecessary difficulties. While a divorcing couple has the prerogative to choose any individual as their mediator, they should keep in mind that the person they choose should be able to let them work out the various details of the divorce quickly and in as fair a manner as possible.

Divorce Mediators

Mediators are often selected to facilitate negotiations between two emotionally wrought people in order to keep the issue out of court. A few of the services that a mediator can provide in divorce proceedings are as follows:

  • Helping you and your spouse divide property and assets
  • Helping you reach a resolution regarding important matters such as child custody arrangements
  • Preventing stressful and non-constructive arguments with your spouse

Resolving your divorce through mediation can be much less time-consuming and stressful when you have the support of a quality mediator.


Taking the time to sufficiently prepare for a divorce will ensure that it proceeds smoothly and will allow the divorcing individuals to avoid the stress of potential legal complications, constant arguments, and disagreements that may arise from ill-planned proceedings. If you are seriously considering filing for a divorce, contacting a divorce lawyer will be an important first step. An experienced divorce attorney will help you understand how the divorce will proceed and can help guide you through the process with as little hassle and stress as possible.

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Different Divorce Negotiation Processes

Posted by on Aug 14, 2012 in Divorce, Law, Self Help | 0 comments

Over half of all marriages in the United States currently end in divorce, so this is a common process that you might be going through alongside millions of other people. There is some comfort in knowing that many other people are going through the same process as you are, or at least a similar one, as no two divorces are exactly like one another. In fact, there are many different kinds of divorce negotiation processes that you might not have considered or even known about that might be best for your situation.

The most well-known types of divorces are contested and uncontested divorces. In a contested divorce, couples are unable to agree on the terms of their divorce and are, therefore, unable to settle their divorce negotiations very quickly or without intense debate. Uncontested divorces are often completed much more quickly, since the couples agree on all divorce terms, and nearly 90 of all divorces in the U.S. fall under this heading.

However, there are other types of divorces that people can choose as well. Whatever divorce negotiation process you choose for your own divorce, it’s important to have legal help and assistance throughout the entirety of the process. With a qualified Raleigh¬†divorce lawyer at your side, you can rest assured that your best interests will be a top priority throughout your divorce proceedings, contested or otherwise.

Types of Divorce Negotiations

There are several main types of divorce negotiations that people in the U.S. utilize. In addition to contested and uncontested divorces, there are:

  • Mediated divorces
  • Collaborative divorce
  • Military divorce
  • Same sex divorce

These different types of divorce may be less common than uncontested or contested divorces, but they can be very useful for certain separating couples.

If you or someone you love is considering divorce, contact an experienced lawyer today to discuss your options.

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Wrong Site Surgery

Posted by on Aug 10, 2012 in Law, Medical Malpractice, Personal Injury Law | 0 comments

Surgical errors are a shockingly common mistake in hospital and clinics throughout the United States, and despite recent changes in protocol and surgical processes in an attempt to reduce the incidence of accidental injuries such as wrong patient and wrong site surgery, patients continue to fall victim to medical negligence on the part of hospital staff and doctors which result in serious injuries or complications which can put their lives at risk as well as risking permanent damage and disability.

Among one of the more dangerous types of surgical error is the possibility of a wrong site surgery, in which the surgeon operates on the incorrect part of the body, typically on the mirrored side of where the surgery was intended to take place. This causes obvious problems when healthy tissue is operated on or removed while injuries or illnesses remain untreated due to the surgery taking place on the wrong place in the body. The costs associated with such a serious mistake can be astronomical, both financially and personally for the victim.

Common Causes

There are a variety of safety protocols in place to prevent mistakes such as wrong site surgeries from taking place, and such an accident is typically the result of a negligent disregard for some part of this process. The following re a few examples of mistakes which can lead to a wrong site surgery:

  • Illegible writing which obscures the instructions for the surgery
  • Confusing patients with one another and performing the correct surgery on the wrong patient
  • Working too quickly and failing to clarify surgical details with other staff
  • Failure to verbally verify the site of the surgery with the patient prior to operating
  • Failing to clearly mark the area of the body to be operated on, or marking it incorrectly.

When a doctor or nurse fails in their obligation to ensure the patients safety through proper safety protocol, their negligence can be shown to be the direct cause of serious injuries. Should you suffer an injury in such a way, it may be in your best interest to seek the assistance of an experienced team of medical malpractice lawyers in order to obtain compensation for your losses.

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