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All You Need To Know About Aviation Accidents

Posted by on Nov 22, 2016 in Personal Injury | 0 comments

Traveling by airplane is considered as the safest and quickest way to reach your destination. However, these types of accidents can happen quickly and unexpectedly. According to the website of Williams Kherkher, the extreme height and speed involved in these types of accidents makes them highly dangerous than vehicle accidents. Filing an aviation accident lawsuit can be more complicated than other kinds of lawsuits. Here are some information about aviation accidents you need to know.

Statute of Limitations. Like any other case, aviation accidents are governed by time limits. The deadline for filing an aviation accident claim is from six months to two years after the accident. Under the Montreal Convention, international flights have a two year statute of limitations. Domestic flights, on the other hand, should be filed within the time limit allowed on the state where the case was filed.

Multiple parties can be held liable. There might be different factors that contributed to the crash. For this reason, there could be different parties liable for the aviation accident. It could be the pilot, manufacturer, air traffic controller, and others.

Aviation laws are different. The laws that govern the aviation industry is different from other personal injury laws. The airline industry is a highly regulated one and accidents are governed by international laws and treaties. The Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB) are charged with handling aviation-related accidents.

Aviation accidents are a matter of procedural issues. Aviation accidents are considered as mass accidents and hence can be brought up in state, Federal, or both courts which will work together to resolve the issue. Aviation accidents are examples of a “multi district” case which means they emanate from different courts. However, the case is tried in just one court.

Given all these facts, it is important to hire an experienced aviation accident attorney to defend your case. If successful, you could receive compensation for the injuries or death that occurred as a result of the accident.

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Protecting the Employment Rights of Individuals 40 Years Old or Older

Posted by on Oct 3, 2016 in Labor Laws | 0 comments

The Age Discrimination in Employment Act (ADEA), which was signed into law in 1967, prohibits any discriminatory acts against anyone based on his/her age. Specifically, the Act forbids discrimination against persons 40 years old or older in all employment-related matters including hiring, promotion, retention of employment, job assignment, compensation and benefits, training, and layoff. This protection provided by ADEA is intended for both job applicants and employees, while those covered by the Act includes state, local governments, labor organizations, employment agencies and all private companies with 20 or more employees; the Act also provides protection to U.S. citizens hired by or working for a U.S. employer overseas, but only if no laws in such country will be violated by the Act).

Other than the prohibition of discriminatory acts based on age, ADEA also prohibits any form of retaliatory act directed an employee who: complains about age discrimination practices in his/her workplace; files a complaint to the U.S. Equal Employment Opportunity Commission (EEOC) about a violation of any of the stipulations of ADEA or of other anti-discrimination laws; or, participates or testifies in an investigation or lawsuit proceeding regarding employment discrimination.

ADEA also prohibits:

The inclusion of age specification, age limit or age preference in job advertisements and notices, unless age is a bona fide occupational qualification in the job (an actor supposed to play the role of a young adult in a film, is one example);

Inquiring, during job interviews, about an applicant’s age except in jobs, like an airline pilot or bus driver which requires a mandatory retirement age;

Making offensive remarks about a person’s age, which may be construed as harassment (except when such remarks are made as offhand comments or simple ways of teasing and not as forms of insult to the person concerned); and,

Denying older employees of the work benefits that they are legally entitled to. However, due to the fact that the cost of certain benefits will cost higher when provided to older employees, the law, therefore allows employers, in limited circumstances, to reduce benefits based on age, so long as the cost of the reduced benefits to older workers and the cost of the benefits provided to younger workers are the same.

The website of the Leichter Law Firm clearly shows how age discrimination leads to less favorable treatment of certain individuals; a form of treatment that may even result to that individual’s demotion or firing. Other than his/her supervisor, a person may be discriminated (due to his/her age) by a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

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The History of the EB-5 Visa Program

Posted by on May 19, 2016 in Visas | 0 comments

The EB-5 visa makes relocating to the United States, whether individually or with the family, easier and quicker. With the help and advice of a Russian EB5 visa lawyer, you can have access to a better and faster option to working and eventually living in the United States. Also known as the Immigrant Investor Program, the EB-5 has undergone a lot of changes since it was established in 1990. Created by the Immigration Act of 1990, the program restructured the US immigration system and included changes to non-immigrant visa categories, deportation rules, and increased legal immigration limits.

The EB-5 Since The 1990s

The Immigration Act of 1990 set in motion a program that would allow foreign investors to obtain permanent residency in the United States. Section 121(b)5 of the Act makes 10,000 Green Cards of permanent residency available throughout the country every year for qualified immigrant investors. The Act sets the minimum investment amount to $500,000 for investments made in rural and high unemployment areas.

However, due to the discovery of lax regulation enforcement and fraud in the investments, the Administative Appeals Office or AAO issued changes in the requirements in 1998. The agency added a nerw stipulation requiring proof that the investments came from lawful sources and that the investor is personally involved with the project. The AAO attempts to ensure that the regulations set forth by the EB-5 will be uniformly applied to all new applications. The revisions are still in effect on current applications.

With the new ruling, the AAO implemented important determinations on program requirements, which includes the type of commercial entity that can take EB-5 investment, the qualification for legal funding source, and the administation of investment.

EB-5 In The 2000s

The enactment of the Basic Pilot Program Extension and Expansion Act of 2003 was instrumental in revitalizing the EB-5 program. Under this Act, the Government Accounting Office (GAO) was authorized to conduct a comprehensive investigation of the EB-5 program. It was then revealed that only a fraction of the 10,000 visas alloted to the program were actually being granted every year. As a result, more reforms to the program was implemented.

One of the reforms was the establishment of the Investor and Regional Center Unit (IRCU) in 2005. This specialty unit was given given oversight duties to the EB-5 program, which includes case auditing, form design, regulation development, and policy creation. As a result, there was better coordination and increased reliability in the EB-5 program.

Reforms

In 2009, the USCIS issued policy guidelines for the EB-5 program. USCIS centralized the processing at the California Service Center (CSC). Previously, prcoessing was done in California and Texas. Although not yet permanent, the EB-5 has been continuously re-authorized. President Barrack Obama granted extension to the EB-5 Immigrant Investor Pilot Program in 2009 until September 2012. Then Obama further extended the program until 2015.

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Cephalohematoma: What Causes it and How to Deal with it

Posted by on Dec 8, 2015 in Birth Injury | 0 comments

Cephalohematoma is a minor birth injury that occurs when blood pools just beneath the skin of the baby’s head. According to studies, cephalohematoma affects 1-2% of live births, making it one of the most common forms of minor birth injury across the country. Although cephalohematoma goes away with proper supervision, some cases of cephalohematoma can be so severe that it might put the baby’s life at great risk.

There are many possible causes of cephalohematoma. According to the website of the Law Offices of Ronald J. Resmini, LTD., some cases of cephalohematoma have been associated with wrong use of forceps and other instruments during assisted delivery. Forceful instrumentation may cause the blood to pool on top of the baby’s head, causing cephalohematoma. Unfortunately, poor instrumentation during assisted labor is most likely committed by untrained medical staff or reckless health professional.

Apart from forceful instrumentation, a mother’s risk of having a baby with cephalohematoma is higher for first-time pregnancies. Prolonged labor may also result in this condition. Lastly, the risk of cephalohematoma increases if the mother’s pelvic area is smaller than the baby’s head.

Once your baby is born with cephalohematoma, your doctor would do the necessary steps to assess the condition for possible treatments or medications. In most cases, however, cephalohematoma heals on its own within a period of three months.

Most likely, your doctor will also advise you to monitor your baby for any signs of diseases. For instance, babies with cephalohematoma are at higher risk of liver disorders due to increased level of bilirubin – an enzyme that breaks down old red blood cells that have pooled underneath the skin of the baby’s head. So it is important to watch out for symptoms of liver diseases, such as jaundice, to prevent further complications. In extreme cases, doctors may recommend blood transfusion, especially when symptoms of anemia are persistent and if too much blood has pooled on the baby’s head.

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Drunk Driving: One of the Leading Causes of Car Accidents in America

Posted by on Aug 25, 2015 in Car Accidents | 0 comments

While data shows a significant decline in incidents over the last recent years, car accidents remain a prevailing problem all over America. The fact that driving involves some risks to one’s health and safety cannot be ignored. Given certain factors, a minor incident can easily turn into a car accident that entails several devastating consequences. The website www.pohlberkattorneys.com emphasizes this point by noting that car accidents remain to be among the most common reasons behind injuries and deaths reported annually across the nation.

According to the National Highway Traffic Safety or NHTSA, one of the leading causes of such dangerous incidents is the prevalence of alcohol-impaired driving. Alcoholic drinks can significantly affect an individual in many ways, compromising his or her ability to operate a vehicle safely. Based on the data gathered by the NHTSA, drunk driving has led to over 10,000 fatalities for the year 2012 alone. These tragedies are a direct result of the myriad of ways that alcohol impedes one’s driving.

Data from Centers for Disease Control and Prevention makes this assertion clear, by breaking down the numbers regarding how different levels of blood alcohol concentration or BAC affect a person’s ability to drive. At 0.02 percent or about 2 alcoholic drinks, a driver can expect a decline on his or her visual functions, as well as the ability to perform two tasks at the same time. At 0.05 percent or roughly around 3 drinks, the effects of alcohol worsen, reducing a driver’s coordination and response to emergency situations.

It’s important to point out that these noted effects of alcohol are observed from individuals with BAC levels that are still below the legal limit. For private individuals, the legal BAC limit is at 0.08 percent. With that much alcohol in one’s system, a driver will experience loss of coordination, short-term memory, speech control, as well as impaired perception and reduced ability to process information.

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Exploring Madison Like a Local

Posted by on May 14, 2015 in Travel | 0 comments

Because of its beautiful landscapes and scenic waterways, Wisconsin’s capitol city drives thousands of tourists within its parameters every year. Madison has a great number of attractions and destinations that are sure to satisfy visitors coming over from different parts of America and the world. However, you might be wondering if these attractions are enough to help you experience the authentic culture of such a diverse and vibrant city. Luckily, there are many ways you can enjoy the Madison area like the locals living in the city do. The following is an authentic guide to the unique Madison experience.

Aside from the lakes and the views, Madison is also well-known for its culinary attractions. In fact, the city is home to a number of restaurants that take pride in their farm-to-table process. This ensures that all the food and drinks you are served here are made with the best and freshest ingredients. Try The Old Fashioned Tavern and Restaurant to have a taste of traditional Wisconsin cuisine, as well as Heritage Tavern and Graze. You can also get the best drinks at New Glarus Brewery or Old Sugar Distillery. For wine aficionados, you can try Vetro Winery just around the area separating Madison and Milwaukee.

As for recreational activities, Madison locals are well known for dabbling in their rich urban scene. Step out and enjoy the bustling nightlife of the city. Try to scour the area for some live music at The Frequency in downtown Madison near Capitol Square or The Ivory Room Piano Bar near the University of Wisconsin-Madison campus. You can also try Harmony Bar & Grill on Atwood Avenue.

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Sizes of Storage Units

Posted by on Mar 7, 2015 in Storage Options | 0 comments

When moving belongings to storage, individuals have different storage needs. Whether storing office supplies and materials or a car, there is the right size for you. Size can be a deciding factor when choosing a storage unit; no buyer should purchase a unit without knowing its dimensions, and the estimated area that belongings will span.

Starting at 5×5 and increasing to 10×30, an individual can chose between different sizes. Depending on the facility, a range of sizes will be offered.

For a 5×5 storage unit, boxes, bookcases, and small furniture will typically fit. This is a very condensed space that items can sqeueze into, and is recommendable to those who have minimal office or home items that need to be relocated. Increasing to 5×10 includes the available space for one bedroom contents. This can mean a small couch, chairs, drawers, mattress, or small boxes. This size is helpful for anyone downsizing. If moving to a smaller house or apartment, 5×10 sized units can be utilized for a lost room’s items.

Units that are 10×10 increases in terms of space for appliances and motorcycles, and 10×15 has space for another bedroom’s belongings. They still can fit furniture and boxes, however have additional square footage for washer and dryer. Going to a 10×15 is a big jump, considering another couch, mattress set, and room furniture will fit.

Lastly, 10×20 and 10×30 are the largest sizes that typical storage facilities offer. A 10×20 can fit a car, appliances, and 4-bedroom apartment furnishings. Furthermore, a 10×30 can include the rest of an average home’s contents. Keep in mind that such large options are not available everywhere.

Learn more here regarding differing available size options for storage units. Finding what is best for you will save money, and ensure that your items are kept in ideal condition.

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Xarelto Alternatives and Competitors

Posted by on Mar 3, 2015 in Personal Injury | 0 comments

Blood thinners are a common form of treatment for patients after surgery or those at risk of stroke. While blood thinners are considered to be a dangerous subgroup of drugs, there were never severe or frequent cases of adverse side effects from one specific drug. The market leaders, Warfarin and Coumadin, reported few patients with serious side effects due to the drug.

Warfarin and Coumadin required two pills daily, substantial dietary restrictions, and frequent doctor visits to monitor the amount of drug in the blood. The dose of two pills per day maintained a consistent level of the drug within the body over the course of the day to prevent bleeding episodes.

In 2011, Johnson & Johnson and Bayer released Xarelto as an alternative to the hassle of taking Warfarin and Coumadin. It was marketed to individuals that did not want the doctor visits and blood testing associated with the previous medical options. The drug manufacturers claimed the blood testing was not a necessary step to preventing bleeding episodes.

Reportedly, a number of Xarelto patients suffered from preventable bleeding episodes due to the oversight of the drug manufacturer. There were problems associated with dosage that frequent doctor visits and blood tests would have caught. Some of the more serious preventable bleeding incidents resulted in severe injury or death of the patient. According to the website of the lawyers at the Williams Kherkher law firm, one of the fatal types of bleeding that Xarelto can cause is severe gastrointestinal bleeding.

Also unlike its competitors, Xarelto does not have a reversal agent. An antidote would normally be used to stop the bleeding episode before it became deadly. Without one, Xarelto patients must endure the bleeding incident until the drug is out of the blood system. This could take several hours or days to completely occur, leaving the patient helpless during this time. Xarelto is currently under scrutiny by the FDA.

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Birth Injuries and their Consequences

Posted by on Jan 12, 2015 in Birth Injury | 0 comments

Having a child can be one of the most rewarding experiences anyone could have. Some couples even go through great lengths just to be able to have a child in the first place. Couples, especially the mother carrying the child, usually ensure every safety precaution in order to make sure that the child is born healthy and happy.

However, there have been a few known cases that have dashed these parents-to-be’s hopes and their child is born with a defect as a result of birth injury by medical malpractice or from criminal negligence. This can be committed by a doctor, a nurse, any medical practitioner who was involved with the procedure, or even the health care provider. Truly, there is nothing that could make up for the terrible aftermath of a birth injury but the victim and the victim’s family are legally owed compensation for the injuries they must now suffer through.

Unfortunately, according to the website of Ausband & Dumont Law, a lot of birth injuries and defects can have effects on the child for the rest of their natural lifetime. This means that there are now automatic medical expenses that will last for the rest of this person’s life, dramatically already changing that person’s financial needs.

The medical professional’s negligence now needs to be accounted for so that the victim and the victim’s families can live their lives as normally as they possibly can, following such a terrible incident. It isn’t ideal to live in this kind of situation but there can be some comfort found in knowing that justice was well and truly served.

If you or someone you know has been greatly affected by birth injury as a rest of medical malpractice, it would be advisable to acquire legal assistance as soon as possible. Professional help is necessary immediately because the process is quite complicated and stressful and you will need help that is strong in their capability to handle a case as sensitive as this.

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Your Possessions after Death

Posted by on Jun 5, 2014 in Estate Planning | 0 comments

Estate planning doesn’t seem to be in many people’s minds. Everyone has an estate – everything that you own, such as your car, house, estate, and other material possessions – which you may need to leave behind after your death. Estate planning is the process of creating the plan you will use to arrange to whom you are going to give what, as well as when they will be able to receive it.

Estate planning is a plan you do that involves a significant amount of people; family, friends, individuals that you are attached to, and even charitable organizations you value. It also focuses on the possibility of a future where you will be unable to take care of yourself. It is a complicated process, which is why The Majors Firm advises people who wish to plan their estates to hire a lawyer. Hiring a lawyer for estate planning can help in issues such as:

  1. Knowing your assets and determining their proper value
  2. Deciding which asset goes to whom, and when would be the appropriate time
  3. Appointing the right person to take care of your minor children in case you are unable to care for yourself
  4. Choosing what to do with your remains after death, and where they would be laid to rest
  5. Appointing the person who will take care of you assets if you are not able to do so

Regardless of the size of your estate, it is vital to appoint a person who will manage them as well as assist you in deciding about health and personal care when you have become too limited to do so. Failing to plan ahead could cause chaos and lost estates, therefore it is better to have an estate planning. If you have not drafted an estate plan, then the state can designate a person to handle your estate and its distribution, but it may not be to you and your family’s liking. You can begin by drafting a will or setting up a living trust. By planning your estate, you have the peace of mind that everything will work out after something bad happens.

Planning your estate is the responsible and considerate way to make sure your family is taken care of after you’re gone. Estate planning is only one part of protecting your future and the future of  your loved ones. According to the website of the Mokaram Law Firm, knowing when your rights have been violated and when you may be due compensation for injury can help ease the financial burden going forward. 

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