Asbestos refers to a group of six natural minerals made up of fibers that are resistant to certain chemicals, heat and fire. Because of these properties, they were once used in an array of products, such as fireproof gear and building materials. Since then, however, it was discovered that asbestos exposure was linked to severe health risks. In the 1970s-1980s, strict regulations were placed on asbestos and its use in products was halted. Asbestos was not banned or required to be removed, so today it remains in many homes, workplaces and products. In fact, many professions today are at risk for asbestos exposure. These harmful particles are colorless and odorless, so it is hard to know if you are being exposed. The following are some of the professions at risk of asbestos exposure.

Firefighters

When a building is on fire, the burning of materials like insulation, drywall and
ceilings could easily cause airborne exposure to asbestos. Firefighters
entering a burning building are at an increased risk of inhaling the particles.
Even after the ordeal, a firefighter can be exposed to asbestos particles that
remained on the fire gear and equipment.

Construction Workers

Asbestos can easily be disturbed and released into the air by any type of construction
work, such as demolition or renovations. When construction workers are on a job
site, they are at high risk of asbestos exposure, simply by inhaling dust and
debris from construction and may want to consult with a workers compensation attorney Long Island residents rely on.

Plumbers

Sewer pipes, flues and gaskets may potentially contain asbestos, meaning that
plumbers handling them are at risk of exposure. Even if they don’t contain
asbestos, the removing and installing of plumbing parts can easily disturb
building materials that do contain asbestos.

Electricians

Just as other professions that deal with renovations and building materials,
electricians are also at risk of exposure. Whether by working in a construction
zone or working within the walls, an electrician can easily inhale asbestos-containing
particles.

Shipyard Workers

Asbestos was heavily used in the shipbuilding industry because of its heat resistant
properties. Today, many of those materials still contain asbestos, leaving
shipyard workers at high risk of exposure.

What to do if You’re Exposed

Over the past several decades, a number of health risks and diseases have been linked
to asbestos exposure. Among these are pleural mesothelioma and other potentially
fatal cancers and lung illnesses.

If you are employed by any of the following professions, you could be at risk, so it is important to take the necessary safety precautions. Even working in an office building built in the 80s could leave you at risk of asbestos exposure. Any damages to asbestos-containing materials can lead to air exposure of the particles. If you believe there is asbestos exposure in your workplace, you should contact a professional asbestos remover. They can evaluate the building for asbestos-containing materials and determine if any has been damaged. In addition, they can safely remove any asbestos in the building.

If you believe you have been exposed to asbestos at another party’s fault, you may be entitled to compensation. A personal injury lawyer can review your case and help you determine the best course of action.

 

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Thank you to our friends and contributors at Polsky, Shouldice & Rosen, P.C. for their insight into personal injury.

The motivation for many motorcycle riders is to enjoy a cruise around town, as a way of getting to work and back, or even as a sport. One thing a rider must think about is how to prevent injuries from happening to them while on two wheels. A threat for many vehicle drivers is the slick and slipperiness of the road caused by rainfall. This same threat applies to motorcycle riders too. Here we have answered frequently asked questions about how to play it more safe when riding while in, or after the rain.

 

When is riding a motorcycle in the rain most dangerous?

The road can be most dangerous when it rains after a few days of dryer weather. The layer of oil on top of the roads can make sharper turns and sudden movements riskier. If possible, it may be best to opt out of riding at all during rainy weather. If you are not able to avoid the rain, then wait at least a couple of hours before venturing out onto the roadway after the rain starts. In this way, you are giving the rain a change to wash away the oil, grit and grime off the pavement.

 

What should a rider watch out for during rainy seasons?

During colder seasons where rain is prevalent, a rider must be extra alert and aware at all times. Practice defensive driving, as vehicle drivers are at a risk of hydroplaning and may not be practicing safe maneuvering while in the rain. Be wary, as surfaces are at their most slippery when wet, especially when combined with oil. As tempting as it may be to splash through puddles, you may not know just how deep the crevice truly is.

 

Does a rider need to practice braking any differently in the rain?

It may be helpful for a motorcyclist to use more of the rear brake when riding in rainy conditions. It is always a good idea to permit plenty of area between you and another rider or car regardless of weather. But, this can be particularly true during the rain. In case you hydroplane or temporarily lose control of the bike, you will need more space to prevent from hitting the back of another vehicle. The distance needed to brake safely while in the rain can be dramatically longer than you may think. Ride at a slower speed and try to avoid heavy-weighted braking. If you must suddenly brake to avoid a threat or accident, pump the brakes to help prevent hydroplaning.

 

Are there helmets made with wipers installed?

There are some motorcycle helmets on the market that are equipped with wipers. Another option is a rider can buy a spray water repellent for helmets to increase level of visibility and lessen the accumulation of water sticking.

When riding in the rain or immediately after a downpour, a motorcyclist must be overly careful. Not only must a rider be aware of slipperiness, but other drivers who may not be driving how they should during the rain. Many car drivers still operate a vehicle as they normally do, not taking into consideration the additional risks. If you find yourself in a motorcycle accident, it may be in your best interest to reach out to a motorcycle accident lawyer Dekalb County GA residents trust.

 

Planning one’s estate is important for many people, but as a small business owner, you have additional reasons to consider undertaking this important step. Those reasons include your responsibility to your employees, business partners, and customers. When a business owner dies without leaving a continuation plan in place, it can be devastating for all of the people who depended on them. An estate plan is one tool that can be used to make sure the company’s assets and the business itself, continue after your passing.

An estate planning lawyer can review your professional circumstances and your desires for how you’d like your company to carry on after your passing. Though estate planning cannot adequately address all of the business concerns of a company, it can help tremendously when it comes to saving your heirs money when it comes to estate taxes. Talk to an estate planner to find out more. Below is some general information about tax issues and other reasons to consider planning your estate sooner rather than later.

Minimize Estate Taxes

Your estate planning lawyer can confirm if this will be true in your case, but an estate tax can be as much as half the value of the business and your heirs might have to pay that within nine months of you passing away. It may require them to sell your business, and depending on their financial situation, it might mean they sell your business for far less than it’s actually worth in order to meet their tax obligation.

One approach to solving this dilemma is to take advantage of existing federal tax breaks (Sections 303 and 6166) which are intended to reduce the tax burden on small business owners. However, there are caveats.

• Your heirs can only use these breaks once.
• For Section 6166, your company’s stock value must be more than 35% of the value of your estate.
• Your estate planning lawyer can tell you if the executor of your estate will be eligible to pay the estate tax annually over 10 years instead of all at once within nine months of your passing.
• Under Section 6166, the first tax payment will not be due for five years.

Asset Control

If you pass away without a will or trust in place, and your business assets are only under your name, then very likely all of your business’s assets will enter the probate process. They are then subject to a judge’s discretion as to what happens to them. Your debtors may lay claim to them in order to recoup their money. Others may also decide to take this step for any number of reasons. Without those assets, your business will likely fail and through no fault of those who stepped up to take your place. This scenario can be avoided with the help of an estate planning lawyer Abingdon, VA residents trust. By placing certain assets in a trust, co-owing the business or assets, and by taking advantage of other estate planning tools, your heirs and survivors minimize the risk of losing everything.  

 

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Thank you to our generous contributors at The Law Offices of Mark T. Hurt for the above information.

The short answer is that it depends.  Some cases can take as short as a few weeks.  However, most cases take much longer than that.  If you’re communicating with the insurance companies on your own, they will drag their feet about paying.

A lawyer expedites the process.  When the insurance company knows that the victim has an attorney, things happen much faster.  Insurance company adjusters and lawyers know that they cannot bully a good attorney, so they usually do not even try.  Instead, they get down to business.

Most cases settle out of court, and that could happen at any time.  Most cases follow this rough outline though.

Demand Letter

Once an attorney has an idea as to damages, s/he send a demand letter to the insurance company.  This can happen at any point during the case, so it could be before or even after the case is filed.  The victim/plaintiff agrees to drop all claims in exchange for a sum of money. This sum should accurately reflect the victim/plaintiff’s economic damages, such as medical bills, and noneconomic damages, such as pain and suffering.  The insurance companies then decide whether to accept the offer, counter-offer, or reject the offer. Most cases proceed to the next step.

Filing a Claim

Most states are notice pleading jurisdictions.  Complaints (the document that starts a lawsuit) only need a rough outline of the victim/plaintiff’s claims.  But this document must be filed before the statute of limitations runs in order to recover damages. If it’s even one day late, the victim/plaintiff loses the right to recover any money.

Discovery

Next, the parties exchange information and documents about their claims and defenses.  In the United States, a trial’s primary purpose is not to select a “winner” and a “loser.”  A trial is designed to discover the truth of the matter. Generally, there is both written discovery, such as document requests and written questions, as well as oral discovery, like medical examinations and depositions.

Mediation

In most states, mediation is mandatory.  A neutral third party works to facilitate a settlement between the victim/plaintiff and the insurance company/defendant.  By this time, each side’s claims and defenses are fairly well established, so most cases settle at mediation.

Although only a few cases go to trial, a diligent attorney should always be ready to go all the way to the jury.

Trial

This is the part where you get ready for court.  Every case can go to court and you should have a personal injury lawyer who knows how to try a case to a jury and who is ready.

Watching as a loved one suffers from mesothelioma is hard to experience. While the disease can take a number of years to manifest, once it is detected and officially diagnosed, the life expectancy of a victim is usually about one to two years. Only a very small percentage of people diagnosed live beyond 5 years. As a result, family members may seek financial retribution in the form of a wrongful death lawsuit. This process can be complicated, especially while enduring the grieving process. An attorney will be helpful in representing your family throughout, so that you can have the time and space to heal from the loss of your loved one.

Contracting Mesothelioma

Mesothelioma is a form of cancer that is contracted from exposure to asbestos. Asbestos is comprised of six minerals that are highly durable and resistant to heat. Asbestos is a popular material that was used in a number of industrial settings over the years. Although asbestos is not as commonly utilized, it is still a component in a number of settings. Asbestos particles are dangerous when inhaled because they will cling to a person’s lungs and cause serious problems over time. There are a number of industries that could increase a person’s risk to asbestos exposure including:

• Construction Workers
• Plumbers
• Factory Workers
• Asbestos Mining
• Shipyard Workers
• Mechanics
• Steelworkers

As a result, victims of asbestos exposure and their families should acquire the help of an attorney for support in filing a lawsuit.

Mesothelioma Wrongful Death Lawsuit

Once a person is diagnosed with mesothelioma, they are often facing a fairly short life expectancy. The road ahead will be challenging for the person who is suffering, and their loved ones. Once a person passes away, family may choose to take action by filing a wrongful death suit. Often the lawsuit is filed against the company who was responsible for the asbestos exposure. Family who may qualify to file for wrongful death include:

• Spouse
• Children
• Parents

Family may recover financial compensation to help pay for:

• Funeral Costs
• Medical Expenses
• Loss of Income (if the person who passed supported a family)

It will be important that family of the person who has passed, speak with an attorney, especially if they were financially dependent.  They can help with the process of a wrongful death suit. In most cases, companies using asbestos were well aware of the danger to their employees when working with the mineral. As a result, an attorney may be able to help you build a strong case for negligence.

Wrongful Death Attorney

An attorney will start by gathering as much information as possible to help prove wrongful death by:

• Interviewing people
• Researching the company the person worked for to determine if there are any other asbestos related claims.
• Figuring out an approximation of when the victim was exposed to asbestos.
• Determine the best way to file the lawsuit
• Help you determine whether it is appropriate to take a settlement offered by the company or take the case to trial.

Retaining the assistance of a wrongful death lawyer residents trusts will be beneficial when it comes to pursuing a wrongful death claim involving mesothelioma. Their services will be able to help you put together a case for a wrongful death lawsuit.

Broken bones are one of the most common injuries seen in personal injury accidents. Bones can break when they are put under a lot of pressure or twisted suddenly. While these injuries aren’t fatal, they can cause a lot of pain and put you out of commission for a while. If you break a bone in more than once place, surgery may be required. Let’s take a closer look at some of the common accidents that result in broken bone injuries:

Bicycle Accidents

Riding a bicycle can be a lot of fun and provide great exercise. However, bicyclists are in danger of suffering injuries, like broken bones, even if they wear helmets and other protective gear. These bicyclists can suffer broken legs, rib fractures, skull fractures and other musculoskeletal fractures. It is important for bicyclists to be extra aware of their surroundings and move away from dangerous drivers.

Slips and Falls

Slip and falls can happen in a variety of setting, including grocery stores, offices and people’s homes. Those who fall are at risk of suffering skull, finger, hand and wrist fractures. In severe cases, slip and fall victims fracture their hips, which is extremely painful and can lead to permanent disability. These types of accidents commonly occur because of wet or uneven surfaces.

Car Accident

Individuals involved in car accidents frequently suffer broken bones. During a crash, drivers and passengers can slam their legs and arms very hard against the car doors or dashboard, resulting in broken bones. If they are ejected from the vehicle, they risk other cars running them over, which can also break bones.

Assault

Victims of assault also often suffer broken bones. They can suffer a skull fracture if they are hit over the head or a broken arm if they fall during the incident. A person can even break bones if he or she fights back against the assailant. For example, if the person hits the attacker really hard, he or she may suffer fractures among the bones that form the knuckles.

Filing a Personal Injury Claim

If you suffered broken bones or injuries because of someone else’s negligence, you deserve justice. A skilled personal injury lawyer Salt Lake City, UT trusts can help you file a lawsuit against the person responsible for your injuries and receive fair compensation. Your lawyer will communicate with insurance companies on your behalf and ensure your rights are protected.

Your lawyer may want to know things like when the accident occurred and what sort of treatments you received for your injuries. Be as detailed as possible in your answers. If you have any documents pertaining to your accident, such as a police report or medical records, remember to bring them with you to the consultation. If you have any questions for your lawyer at the end of the meeting, do not be afraid to ask them. Thank you to Rasmussen & Miner for providing their insight and expertise on common accidents that result in broken bone injuries.

More and more people are beginning to realize the importance of having an estate plan in place, regardless of their age or financial status. The days of thinking only the rich or the elderly need an estate plan are slowing going away as more people address the issue head-on.

 

Along with this new attitude towards estate planning is the saturation of online websites that claim to offer solid legal advice in many areas of law, including estate planning. One of the factors used to entice people to utilize these websites is that they are much cheaper than retaining the services of a qualified estate planning attorney. However, the old adage “You get what you pay for,” definitely applies to these online DIY legal websites and many customers have found out the hard way that their finances are far from being protected the way the website promised.

 

Legal Document Service Websites

 

Although these legal document services websites seem very similar to law firm websites, offering similar services, they are far from being as professional as utilizing the services of an attorney.

 

The first thing a potential customer should know is that the majority of these services do not have attorneys like a law firm does. The people who are providing advice to customers are referred to as “document assistants.” Before someone can become an attorney, they are required to go through years of education and training and they are not allowed to practice law or offer legal advice until they have passed their state bar exam. Document assistants are not required to go through any of these requirements.

 

An estate planning attorney can examine the circumstances of each client’s situation and financial circumstances and determine what estate planning tools will work best for them, including different types of trusts, living wills, and more.

 

Not only can the document specialists not offer any legal advice, these companies cannot even guarantee that the documents they are providing you will be valid in the state the customer lives in. Consequently, anyone using these services is taking an unnecessary risk that the estate plans they put in place using the online company’s documents will even be legal.

 

For example, a person makes a will using an online legal document form. In the will, the person leaves a certain an expensive strand of pearls to a niece they have a special relationship with. However, when the person dies and the will is submitted to the courts for the probate process, the online will is found to be invalid. Instead of the pearls going to the niece as the decedent wanted, the court will now decide what will happen to the pearls – as well as the rest of the decedent’s assets and property – because the will is no good.

Whenever a trust or will is proven to be invalid, it can be very expensive for families to now have to deal with a contested trust or will. Instead of saving money by using the cheaper, online service, the legal costs can run into the thousands to straighten out the legal mess created by document assistants’ creations. This can all be avoided by having a professional estate planning attorney take care of all your trust, will, and other legal needs. In the event that you need an attorney, like a wills and trusts lawyer Scottsdale, AZ turns to, do not hesitate to contact one to make sure you are in the best position to tackle your case.

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Thank you to Arizona Estate Planning Attorneys for providing their insight and authoring this piece on estate planning.

 

Motorcycles have become popularized as a mode of transportation which has heightened the risk of injuries from accidents. Usually this is because of the lack of protection a motorcycle provides as compared to traditional modes of transportation like cars. One of the more controversial causes of motorcycle injuries is lane splitting.

Lane splitting is a common practice that involves riding a motorcycle between traffic lanes (and between cars). They have this ability because they are smaller and easier to maneuver between cars in slowed or halted traffic. Sometimes it can be called filtering if it traffic is entirely stopped. California is the only state where motorcycles can split lanes legally. It is illegal in all others. You can receive an expensive fine if they are caught doing so.

 

Why Is It Illegal?

The most important reason lane splitting is illegal is because is safety concerns. It is controversial whether lane splitting or following traffic as another vehicle would is more dangerous. Vehicle doors opening in slowed or halted traffic is a major concern because for motorcyclists weaving through cars, it may be fatal.

Blind spots are also a major concern for motorcyclists. A truck and trailer has a large blind spot which might allow a driver to miss an oncoming motorcycle.  This threatens everyone involved in the accident as well as possibly endangering bystanders and other vehicles.

 

Who Is Liable?

The motorcyclist is usually deemed liable because lane splitting is illegal. It is extremely difficult to argue that the motorcyclist isn’t at fault in any of the 49 states that the act is illegal in. However, in California, there’s a chance that a rider may not be responsible. A rider must prove a few things to avoid liability:

 

• The automobile was changing lanes.

 

• The automobile driver was weaving through lanes.

 

• Distractions were preventing the automobile driver from paying attention to the road.

 

• The turn signal was not employed or they were unaware that they were drifting between lanes.

 

• The automobile driver is in a state of mind that has prevented him from driving safely.

 

States have varying legal regulations revolving around motorcycle operation.. If you live in California, there are a few ways to determine liability but if you do not, then you must remember that lane splitting is illegal. If you have endured an accident and believe you are not liable, employ a personal injury lawyer to help you settle or gain an award.

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A Chiari malformation is a congenital (present at birth) defect in the area of the back of the head where the brain and spinal cord connect. The condition is also called Arnold Chiari malformation. There are four types of Chiari malformations:

 

Type I – this is the most common type of Chiari malformation. Commonly goes unnoticed until problems arise in the adolescent or adult years of life. In this condition, the base of the skull and the upper spinal area are not formed properly.

Type II – In this condition, part of the back of the brain shifts downward through the bottom of the skull area.

• Type II Chiari malformations are typically seen in infants who are born with spina bifida, a neurological condition that causes a portion of the spinal cord and the surrounding structures to develop outside, instead of inside, the body.
• Type II Chiari malformations can also be associated with a condition known as hydrocephalus. Hydrocephalus is a condition in which there is an overproduction or lack of absorption of the cerebral spinal fluid (CSF) that is found inside of the brain. The increased fluid causes the pressure inside of the head to increase and the skull bones to expand to a larger-than-normal appearance.

Type III – The back of the brain protrudes out of an opening in the back of the skull area.

Type IV – The back of the brain fails to develop normally.

Symptoms

According to The Spine Hospital at the Neurological Institute in New York City, the following are the most common symptoms of a Chiari malformation:

• Headaches
• Stiffness or pain in the neck or back of the head area
• Poor feeding and swallowing
• Decreased strength in the arms
• Decreased sensation in the arms and legs
• Rapid, back and forth, eye movement
• Developmental delays
• Weak cry
• Breathing problems

 

Causes and Risk Factors

The exact cause of a Chiari malformation is unknown.  It is believed that a problem during fetal development may cause the abnormal brain formation. Chiari malformation may be caused by exposure to harmful substances during fetal development or associated with genetic problems or syndromes that may have a tendency to run in families.

 

Theories suggest that the following may predispose the fetus to problems that affect the normal development of the head during pregnancy:

• Exposure to hazardous chemicals/substances
• Lack of proper vitamins and nutrients in the diet
• Infection
• Prescription or illegal drug and alcohol consumption

Treatments

There are many ways to treat Chiari malformations, but all require surgery. The basic operation is one of creating space in the area at the base of the cerebellum where it is pushing against the brainstem and spinal cord. This is done by removing a small portion of bone at the base of the skull deep to the neck muscles as well as often removing a part of the back of the first and occasionally additional spinal column segments.

 

If you think you or your loved one has suffered from Chiari malformations due to someone else’s negligence, you may have a case. Contact an attorney, like a medical malpractice lawyer New York, NY trusts, today.

Thanks to our friends and contributors from Okun Oddo & Babat, P.C. for their insight into medical malpractice.

 

Brain injuries can result from any accident that causes severe trauma to the head. These types of head injuries, often referred to as a traumatic brain injury (TBI) depending on the severity, typically result in physiological changes to the brain. The impacts can be devastating, so it is important to seek medical attention and receive proper medical care following an accident involving trauma to the head. Below are some common questions regarding brain injuries.

How do I know if I have a brain injury?

Brain injuries can occur absent of any visual indicators, so it is important to be aware of any potential symptoms. Common symptoms that indicate a brain injury include:

•         Loss of consciousness
•         Severe head pain, numbness or headaches
•         Dizziness and nausea
•         Confusion and loss of memory
•         Unusual weakness and fatigue
•         Change in sleep patterns and eating habits

Some brain injuries don’t show symptoms immediately following an accident, so it is still wise to seek medical attention in case injuries are present. A medical professional will be able to properly diagnose a brain injury.

How much will a brain injury cost me?

Brain injuries are among the most excruciating injuries to the victim’s health, well-being and finances. The costs associated with a brain injury often depend on the severity of the injury. Mild to moderate brain injuries can cost anywhere several thousand dollars to $1 million. In severe brain injury cases that require long-term treatment, costs average $3 million through the course of the victim’s remaining life. Some of the costs associated with brain injuries include:

•         Emergency transportation and care
•         Surgery and procedures
•         Therapy and rehabilitation
•         Medication
•         At-home or in-patient care
•         Long-term treatment
•         Follow-up appointments

How can I pay for a brain injury?

The average person does not have thousands or millions of dollars, but regardless, treatment for brain injuries is still necessary. Health insurance may cover some of the costs associated with a brain injury depending on the terms of the policy. Insurance, however, is often not enough. Some common options for covering brain injury costs, depending on the nature of the accident, include:

•         Health insurance
•         Auto insurance
•         Workers Compensation
•         Personal injury claim or lawsuit
•         Social Security and Supplemental Security Income disability programs
•         Loans or credit
•         Negotiating a payment plan and/or reduction with the healthcare provider

What if someone else is at fault for the brain injury?

If someone else is at fault for the accident that caused the brain injury, you may be entitled to compensation for the damages. These damages may include:

•         Medical bills and costs
•         Therapy and rehabilitation costs
•         Pain and suffering
•         Emotional distress
•         Loss of income
•         Future treatment

If you are considering taking legal action, you will usually make a claim with the insurance company of the at-fault party. First, however, it is vital to your case that you hire a brain injury lawyer such as the personal injury lawyer miami fl locals trust. They will review the case and determine your best options. An experienced lawyer can help you build a strong case and improve your chances of winning a fair settlement.

Thanks to authors at Needle & Ellenberg, P.A. for insight into