Dog Bite Liability

Posted by on Dec 17, 2012 in Personal Injury Law | 0 comments

Dog owners have a responsibility to ensure that their pets are never allowed to harm others, even if the dog is not known to be especially aggressive. Any dog can become aggressive and dangerous under certain circumstances, meaning that it is particularly important for owners to take preventative action. Unfortunately, some dog owners do not take this responsibility as seriously as they should, placing others in harm’s way as a result of their reckless or negligent behavior. In these circumstances, the victims of a dog attack may be able to hold the owner personally liable for their pet’s actions.

If you or someone you know has suffered from the consequences of a dog bite, you may be entitled to seek compensation for your losses and suffering. Depending on the circumstances of the attack and the amount of damages that you may have suffered, the dog’s owner may be held either partially or fully liable for the costs that you may have incurred.

Liability for Damages

Dog owners who allow their pets to attack others may be held liable for a wide range of different costs that the attack may have caused. The following are some of the many different costs for which dog owners may be held liable:

* Medical treatment
* Pain and suffering
* Income lost from time spent recovering from the injury
* Psychological evaluation and treatment

These and other potential costs of a dog attack should not be the responsibility of the victim to take care of on their own if the dog owner could or should have taken action to prevent the attack. If you have been the victim of a dog bite injury, you should contact a dog bite lawyer to learn more about how you can get the justice you deserve.

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Requirements For A Medical Malpractice Case

Posted by on Sep 5, 2012 in Medical Malpractice, Personal Injury Law | 0 comments

According to the website of the Law Offices of Crowe & Mulvey, LLP, specific rules for medical malpractice cases can vary from case to case and from state to state. Things such as the statute of limitations may be different from one state to another, but the general qualifications for whether or not a case is considered possible medical malpractice are fairly similar across the board. Medical malpractice is a very specific accusation to make against a doctor or hospital, so having an understanding of what it is can help you determine whether you’ve been a victim of negligence at the hands of a medical professional. The following is a brief overview of the necessary circumstances for filing a medical malpractice case:

  • There was an established doctor-patient relationship What this means is that you must have hired the physician in question and he or she must have agreed to being hired. This means that a legitimate doctor-patient relationship existed, and it was not merely casual advice given at a social gathering by someone who happens to be a doctor.
  • The doctor acted negligently A doctor that deviates from the standard of care, which essentially means behaving in a reasonable and attentive manner that any other doctor would behave in, may be liable for any harm that comes to a patient as a result. Usually a medical expert is brought in on medical malpractice cases to paint a picture of what is generally expected of a physician when dealing with the circumstances of that particular case.
  • The patient was harmed Although a doctor may have acted negligently, it does not always lead to negative consequences. In order for a medical malpractice case to be legitimate, the patient must have suffered some kind of physical, financial, or psychological harm.
  • The patient was harmed because of the negligence A patient must establish that it was due to the doctor’s negligence, and not just their condition, that harm was caused. If it was more likely than not that the doctor’s negligence is the cause for the harm, then the doctor may be held liable.

Determining whether you are the victim of medical malpractice can be difficult. If you were harmed while under the care of a doctor, consult with a medical malpractice lawyer today.

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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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Vehicle Accidents

Posted by on Aug 16, 2012 in Personal Injury Law, Workmen's Comp Law | 0 comments

While not every job requires its employees to use vehicles, many do. Unfortunately, this requirement can increase the risk of a worker being involved in a vehicle accident by a significant amount. Because the injuries that often arise from vehicle accidents can be so serious and so expensive to treat, it’s important that workers who have to use vehicles for their jobs are aware of the workers’ compensation benefits that they may qualify for if they are involved in a vehicle accident while performing job-related activities.

In Pennsylvania, any company employing one or more employees, whether full or part time, are required to possess some form of workers compensation. This is required so that workers who are injured while carrying out their regular job duties have a source of financial security in the event that they cannot return to work or incur costs that over-extend their financial capabilities. Depending on the vehicle accident, a worker could find themselves facing extremely burdensome physical injuries and financial costs. In cases such as this, workers’ compensation benefits can be essential, as they often provide financial stability and security.

Injuries from Vehicle Accidents

The injuries that might occur from vehicle accidents are widely varied, but some are seen more often than others. For instance, among the more commonly reported injuries in the United States that arise from work-related vehicle accidents are:

  • – Broken bones and fractures
  • – Spinal cord injuries
  • – Back / neck strains
  • – Head trauma / brain injuries
  • – Concussions

Vehicle accidents can be extremely expensive and frightening, especially when they cause a person to suffer from these or other injuries. If you or a person you know has been involved in a vehicle accident while on the job, contact an experienced personal injury lawyer today to discuss obtaining compensation for yourself or your friend.

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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.

Proceedings

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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