Articles Posted in Uncategorized

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At breakfast this morning with friends and family the controversial admissions scandal was brought up. Specifically, whether or not Felicity Huffman deserved jail time for her illegal actions. Most at the table argued that she has taken responsibility for her actions, plead guilty, suffered personally and professionally, a jail sentence would not be “rehabilitative;” it was a non-violent offense, and therefore she should NOT serve a jail sentence.

Conversely, I argued that if she was not rich and famous, she would absolutely be punished to the full extent of the law for her non-violent federal offense, citing the First Step Act as proof that our legal system does not show mercy to non-violent offenders who don’t live in affluent zip codes.

The First Step Actis the “first step” in reviewing the current prison population of first-time non-violent, drug-related offenders serving lengthy prison sentences and releasing those who qualify. The act also includes de-escalation training for guards, improved hygiene for female inmates, disallowing restraints for pregnant woman, good conduct incentives, and more.

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Injuries from a slip and fall accident can be minor as a sprained ankle, or as serious as a traumatic brain injury. Serious injuries often led to mounting medical bills and the inability to return to work. The combination of loss of wages and mounting medical bills can prove financially devastating to the injured and their families, especially when a lawsuit is not quickly resolved. Property owners often deny responsibility by placing the fault on the plaintiff. This common line of defense often results in litigation that can last several years. When finances become a concern, a quick and easy way to get fast cash from a pending lawsuit is in the form of a lawsuit cash advance.

In June 2015, a man was exiting a restaurant when his shoe got caught at the top of an exterior stairway. He fell down six steps, striking his head. A CT scan showed a brain bleed; the man was diagnosed with a subdural hematoma and concussion. The man eventually returned to work, however, effects from the TBI ultimately led to his retirement.

The victim filed a personal injury lawsuit alleging that the restaurant owner created a tripping hazard by removing some tiles on the stairway and replacing them with a piece of wood. The defendant acknowledged the patron’s injuries, but asserted that he had made a full recovery, as evidenced by returning to work. The defendant also asserted that alcohol consummation contributed to the man’s fall. In the end, both parties agreed to an $875,000 settlement.

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A woman suffered a brain injury when her car hit a five-inch drop off and she lost control. She filed a personal injury lawsuit with the state of Louisiana, however, suing the state adds additional hurdles, which led to years before she received a settlement. In the meantime, the woman had to pay for much of her own care, such as an in-home aide. Although she was able to borrow money from the bank, she had to pay interest on the loans.

Waiting to receive just compensation over an injury due to someone else’s negligence, can be financially devastating. Complex auto accident lawsuits can take months or even years to resolve. During this time, your bills and expenses are stacking up and your injuries may render you unable to work, forcing you and your family into debt in order to simply cover day-to-day expenses. Furthermore, government agencies, insurance companies, and large corporations named as defendants have greater resources at their disposal to delay and prolong settlement of lawsuits against them. They count on the desperation of the plaintiff to either drop the case or settle for less than full case value.

That is why lawsuit funding has become a popular and effective option. If approved, you can get the money you need to stay financially afloat until your attorney can obtain fair compensation for your injuries and losses. But even after a settlement is handed down or agreed upon, the wait may continue.

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A Flight Life Eurocopter EC145 helicopter crashed last September, killing four people on board. Now, two families are seeking an unspecified amount in damages.

The pilot and two flight nurses were transporting a cancer patient to the hospital when the crash occurred. Witnesses reported hearing a “popping noise” and seeing a trail of smoke from the rear of the helicopter before it went down.

In a preliminary report from the National Transportation Safety Board (NTSB), investigators said that one of the engines showed signs of “overheating and lack of lubrication,” a bearing in the engine was excessively worn, and the transmission could not be rotated by hand. Although the final results of the investigation are still pending, the FAA officially linked the case to a January incident in which a pilot of the same model helicopter performed a successful emergency landing.  In that incident, the pilot said he caution and warning lights went off and he heard a “hissing sound,” followed by the smell of exhaust fumes and an “orange glow” from the rear his helicopter. He activated fire extinguishers and brought the craft down safely on an airport runway.

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A Cincinnati man is dead after a single-vehicle crash.

According to the Ohio State Highway Patrol, the driver of a 2003 BMW 745I went off the right side of the road, striking a fence and tree. He was treated at an area hospital for non-life-threatening injuries. Sadly, his 47-year-old passenger did not survive; he was pronounced dead at the scene. Both men were wearing seatbelts at the time of the crash. The investigation is ongoing, but it is believed that alcohol and/or drugs were factors.

The details of this fatal crash won’t be known until the investigation is complete. In the meantime, the family of the deceased man will struggle to pick up the pieces and move on. An experienced attorney can help them understand their litigation options and rights to seek compensation for their loss.

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After an auto accident, victims have a lot to worry about – from physical injuries and medical bills to unpaid time off from work, car repairs, and insurance negotiations. We all want to believe that working with the insurance company will be easy, but that is typically far from the truth despite, hearing “Like a good neighbor, State Farm is there.”

A Florida woman has filed an auto accident lawsuit against a vehicle owner and State Farm alleging negligence.

On October 18, 2016, the woman’s vehicle was struck by another driver, leaving her with serious injuries. The woman said that as a result of the collision, she has endured great physical pain and mental anguish, and incurred medical bills and expenses. She filed a lawsuit holding the vehicle owner and State Farm responsible. The complaint alleges that the driver (who is not the vehicle owner) negligently operated the vehicle and State Farm allegedly failed to pay all covered losses resulting from the accident.

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We always believe that the unthinkable cannot happen to us, but the sad truth is that a fatal auto accident can happen at any time, to anyone. While the crash can happen for any number of reasons, the highest occurrences are due to a distracted driver, especially when it comes to texting. In the split second one takes their eyes off the road to send or read a text, tragedy can occur.

Although nothing can bring a loved one back, laws have been established to help compensate aggrieved families.

The family of a San Antonio man who was hit and killed last September by a distracted driver has filed a wrongful death lawsuit.

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A road hazard can include debris, oil spillage, and potholes. Dangerous road conditions can also be due to poorly placed construction barriers, inadequate or poorly designed roads, or the lack of traffic signals. Such variables can cause or contribute to an auto accident.

When the auto accident is the result of a spillage or debris from a commercial vehicle, negligence will rest with the driver and his employer. If debris came from a passing vehicle, it may be difficult to determine who was responsible. Claims of negligence against government entities can also be difficult because the agency may have sovereign immunity in such lawsuits. The plaintiff must prove the state agency knew or should have known about the debris or dangerous conditions, yet failed to fulfill its obligations of making the roadway safer or somewhat forgiving of driver error. There must be proof that the accident would not have otherwise occurred.

Seeking compensation from the at-fault party can prove instrumental in helping the injured victims cover medical expenses and other bills, as well as lost wages. Unfortunately, it is often difficult to recognize the specific cause and the responsible party. For this reason, it is important to consult an experienced auto accident attorney.

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Generally, the government’s job to maintain the roadways, bike lanes, and sidewalks. The government can be held liable for injuries caused by dangerous conditions that could or should have been corrected.

State laws typically allow the government a reasonable amount of time to discover poor road conditions and a reasonable amount of time to repair them. Governments generally discovery dangerous road conditions in one of two ways:

  • through individuals reporting a dangerous condition, and
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Few events in anyone’s life are as catastrophic as losing of a loved one, especially a sudden, unexpected loss caused by the actions or negligence of someone else. If someone else’s negligent behavior caused your loved one’s death, you have an obligation to protect the legal rights of the deceased. However, compensation is not automatic; wrongful death lawsuits usually involve a significant amount of money and are hard fought by defense-insurance interests. Thus, wrongful death claims can be long and drawn-out, taking months, even years, for lawsuits to resolve. For plaintiffs faced with financial issues, lawsuit funding may be a solution.

A family recently filed a wrongful death lawsuit alleging that their loved on died in the emergency room of a Chicago hospital because he did not receive immediate medical care.

According to the complaint, the man went to the ER on April 21, 2015, for emergency medical treatment for a sickle cell or vaso-occlusive crisis. The plaintiff alleges that due to hospital negligence, their loved one remained in the emergency room without immediate medical attention, resulting in his death the following day.