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  • Steps to Take for Defective Machinery at Work- Compensation Claims

    If you want to bring a defective equipment claim then you have to follow a certain procedure- as if you want to increase your chance to get the compensation you deserve.

    Let’s begin with the certain steps to achieve the fair compensation …

    Step 1: Medical Treatment

    You should never delay the access to medical care because safety should always at the top of your priority list and whatever concern you may have with the injury, a medical professional can better assess the situation by reasonably examining you. Apart from the fact that this approach will get you the right treatment, it will as well give clear documentation of the nature and extent of your injuries which is important for use in further court proceedings.

    Step 2: To Your Employer, You Have to Report

    Once you have made any necessary medical attendance, your focus can then shift to reporting the accident to your employer, thus using the already existing proofs. Wherever possible you should yourself check the accuracy of the details of the accident and if there is need to make corrections for any reason, the record is not signed under no circumstances should you sign the accident book when you believe the account in on element is wrong.

    The fact of the matter is that at times we have situations where clients injured suffer from the same predicament and fail to read the small print on the accident book, which indirectly influences their ability to recover damages. The employer will ask “why” and “for what reason” since if the matter is not reported even for any of the reasons – the matter will be questioned anyway, and will undermine our specific case and raise doubts, which will make it impossible to claim the compensation. So, be cautious regarding every record when you are filling to get the fair compensation.

    Step 3: Collecting The Necessary Evidence to File a Successful Lawsuit

    To get a successful work accident claim related to defective equipment or machinery, you have to provide proof that the equipment or machine was defective, and that the defect caused your injury.

    As a matter of practice, it will be easy to prove that the machine constitutes a clear malfunction and that they have brought engineers in to inspect and repair the machine. In the claim, it will be requested all inspection and repair report records that have been performed post-accident. Hopefully, these documents will support rights of injured individuals.

    Take pictures or even video footage of the equipment to ensure that you can prove that the machine or equipment is faulty despite the confidence that you will be able to do this. It is also prudent to note down the personal data of as many witnesses who could vouch for what actually happened in the incident. In addition, if it comes out that any other person who had used or worked with the machine had similar problems or had reported any defect to the company as then that will be part of the investigation as well.

    Keeping a record will enable you to gather more information which is the best so, do not forget to ensure that all your medical bills are well recorded and other expenses you have arising out of the accident. The add up of even the little things can be surprising and by noting down transactions as you go along, you do yourself a big favor through being able to submit and recover all the costs incurred.

    Step 4: Complete Legal Consultation

    Conducting the claim of a wrong use of equipment is impossible without taking a consultation with a skilled lawyer of personal injuries. They are the only professionals to assist you to confront the claims Antagonist and put your case on the strong side. The claims for faulty equipment can be tricky to handle, but after choosing the No Win No Fee lawyer, you will be sure that you will get professional help.

    • You might want to remember that the very initial advice that is provided to you could be the main factor that determines whether a claim succeeds or fails so you do not have to be a genius to know that seeking assistance at the very beginning of the process is the right decision.
      • Mostly first and before all other things your worker’s compensation will be able to examine the merits of your case and then provide an impression as regards whether success for the claim in the workplace equipment category is possible.
      • They will be there to take you through the process and you will have the opportunity to be oriented on your legal rights and duties. Besides, they will provide you with an overview of what is next to come.
      • They should be able to do it all – your workplace equipment questions answered and your fears for it also counted.

    Step 5: Mediating The Variations

    As long as your claim against the employer’s insurance company is accepted and there is no dispute about your defective equipment injury claim then, once all the medical evidence has been obtained, the solicitor dealing with your case can begin negotiating an agreement for you to receive a compensation you deserve.

    Obviously, it is very crucial to have a good legal representation in the course of negotiation so that you are not taken advantage of or offered a low amount of compensation, compared to the injuries you sustained and any losses you will incur in the near future. Your solicitor should be able (in many cases) to meticulously access the claim’s value and acknowledge the strengths of any offers made by the employer’s insurer. Again, it does remind us to ensure that we do not finalize our claims prematurely and hence run the risk of under settlement of the compensation.
    In reality, this implies that you are sure about having a full and complete recovery or that your doctor will provide the medical documents that will support the symptoms so you will get the compensation you deserve.

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  • 4 Steps to Take After Discovering Fraud

    “Suddenly you realize you have been scammed” Sorry to tell you but that the deal you booked was a scam. Ok, then what? The earlier you will start the sooner you will be able to defend yourself and save others as well. Getting back all your money that was stolen could be hard, but recovery there is more left than the mere loss regaining.

    These six steps will teach you how to prevent further theft as well as how to report them and start the recovery process…

    • Stop Pay Money

    Leaving aside the evident ones though, some of these frauds with the high profits promise get the victims to send the fees one after the other to make their suspects about the frauds false. These crimes have been more common a phenomenon online in recent months. In most of the cases, Genuine brokers will charge fees and commissions from your account, and not asking for additional money to get your earnings or principal back to the account. US brokers will always keep off and not collect any money for the government.
    Scammers fools the victims by claiming that the money will be recovered if the victims initially pay an up-front fee, gift, retainer or taxes. These scammers often pose as the agents of the government, attorneys, or recovery companies. Understand more of recovery fraud warning indicators.

    • Don’t Disclose Your Security Measurement

    As for your identity and account security, ensure you employ security measures such as two-factor authentication and strong passwords.
    In case that you gave the payment information to the fraudsters, take the necessary steps to revoke their access and avoid the identity theft problems.

    • Credit Cards- Make a fraud report to your card issuers if your card information is one of those used in the fraud transaction. This component may call on you to open a new account number They may also consider calling one of the three credit reporting companies and making a fraud alert request on their credit file. If you contact the credit bureau, it will thereafter notify the other credit reporting agencies of the fraud alert. A fraud alert requests creditors to validate your identity before extending the credit in your name. Fraud alerts impose no charge, and seldom last longer than a year or remain until you request the alerts’ cancellation. You can likewise ask for a free security freeze request. A security freeze prevents someone from viewing your credit file, therefore, it is difficult for identity thieves to open accounts with your name. You will have to contact every credit scoring company to accomplish this. A security freeze will not remain lifted unless you ask it.
      Automated Clearing House Data Via Bank- In case the fraudster obtained the account number or the routing number, contact the bank or the credit union immediately. In this situation you might have to close your current account and reopen a new one.
      • Social Security Number– If, after jumping through the necessary security hurdles, you still are not satisfied, go with a fraud alert or a credit freeze and report your information stolen at gov website. Be wary of scams that state that your social security number is attached to back taxes. Check and verify claims from the IRS or creditors before paying any money that you have not yet accepted.
      Log-Ins and Passwords.Make sure to update accounts that utilize such usernames or passwords into new log-ins as soon as there is a possibility of having accessed a fraudster’s website.
    • Get The Pertinent Data and Document

    Because the events are occurring right now in your memory, make an outline and gather documents and information at this stage which could be useful later on when time to report or investigate the fraud.

    Indicate the chats with the fraudsters you have but with the respective dates and times the dates were made. Documents and information to collect and keep include:
    • Names, titles or positions of the fraudsters.
    • Profiles on social media, group postings, chats, and all the other interactions online.
    • Websites’ names/links and screen shots.
    • Emails (and email addresses).
    • those contact phone numbers you used them for.
    • Account information, statements, trade confirmations, disclosures, and solicitation materials.
    • If the credit cards were used, attach the channels of receipts.
    • The transaction of digital currencies, bitcoin for example.
    • Information on the records of other formats that include cancelled checks or money receipts of wire transfers, money orders, or prepaid cards.
    • Including the envelopes of anything received (email, letter,…) in the mail.

    • Let’s Report the Fraud to Authorities

    • Please tell us if you are of the belief that you were a victim of fraud that involved commodity futures, options on futures or swaps, commodity pools, binary options and forex, digital assets or other derivatives.
    • In your case, you have already been through other types of fraud and you don’t know where to send your report, we can direct you to the Department of Justice, who has a directory. Moreover, Federal agencies keep in touch with one another so that if your complaint is not within the scope of a particular agency, a related agency would still have it forwarded to you.
    • If the scam occurred in your own community, you would also be able to raise the same matter with the police and the Professional Attorney. You should also fill a police report if you want to file a claim with your insurer for losses incurred from the fraud.

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  • How Does Car Insurance Operate?

    Automobile accidents may be costly, particularly if your car sustains significant damage or if someone is hurt. Car insurance’s purpose is to assist in paying the bills and shield you from potentially crippling financial obligations. This is how auto insurance functions. Depending on where you reside, several types of coverage included in an automobile insurance policy may be required or optional.

    Almost all states establish minimum amounts for auto insurance and practically all require drivers to have it. The types and quantities of coverage, the deductibles you select, and other considerations will all affect the cost of your vehicle insurance.

    What Is Covered by Auto Insurance?

    An automobile insurance policy includes many forms of coverage, some of which are required by law in the majority of states and others of which are optional. The most typical types of coverage are:

    Liability insurance for bodily harm.

    This coverage will assist in covering any costs up to the limits of your policy if you are at fault in an accident that results in injuries to another motorist or their passengers. There are, nevertheless, some situations when proof of insurance is necessary.

    Liability insurance for property damage

    This includes any harm you bring about to another driver’s car or other property, such as a fence belonging to a neighbor. Additionally, almost every state requires it.

    collision protection.

    In the case of an accident, collision insurance can cover damage to your car. Every state makes it a choice.

    encompassing protection

    Comprehensive insurance sometimes referred to as “other than collision,” covers harm to your car from incidents like fires, floods, and falling trees. If your automobile is stolen, it also covers you. It is optional, much as collision coverage.

    Personal injury protection and medical payments.

    If you or a passenger in your car is hurt in a car accident, Med Pay or PIP, which is required in some jurisdictions, will pay medical bills and related expenses.

    coverage for uninsured or underinsured drivers.

    This insurance can make up the difference if you ever get into an accident with a driver who doesn’t have vehicle insurance or whose insurance isn’t enough to pay for the damage they’ve caused. In certain states, it is required.

    Who Is Covered by Auto Insurance?

    A personal vehicle insurance policy would typically provide coverage for the policyholder and any family members specified as drivers. Most policies also provide coverage for anybody who drives your car with your permission but is not listed on your insurance.

    How to Make an Insurance Claim for a Car

    You should contact your insurance provider as soon as possible if you’ve been in an accident or your automobile has suffered additional damage. It will designate a claims adjuster, whose responsibility it is to evaluate the damage and calculate how much the insurance must pay you in accordance with your policy.

    Find out what details your insurance requires to process your claim. For instance, it can ask you to transmit pictures of your damaged automobile by SMS, email, or the insurance provider’s app. A police report, if there is one, and a receipt, if you had to pay to have your automobile towed, should both be saved. You should give your insurer the name and insurance details of any other drivers if they were involved.

    You are free to select your repair facility, however, your insurance may have a list of those that it works with. When your automobile is fixed, the insurance company could repay you if you pay the shop beforehand or pay them directly. In any case, the deductible on your insurance coverage is your responsibility.

     

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  • Furniture Tipping Statistics

    On a daily basis, many people don’t consider their furniture to be a threat to their child. And yet, every day, a child is harmed by a piece of furniture. Televisions are the most common causes of furniture tipping injuries, causing traumatic brain injuries or abdominal trauma.

    Furniture tipping is a growing hazard to families with young children. Every year, hundreds of children are hospitalized due to a furniture tipping accident. What’s worse, 84% of furniture tipping injuries that result in death involve a child under the age of 9.

    Educate yourself about the dangers of furniture tipping in order to prevent this danger from harming your child.

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  • Brain Injury Awareness Month – Data

    March is Brain Injury awareness month an in order to help spread the word, we found some data on brain injuries that we wanted to share…


    Del Rio & Carichoff


    Yost Law


    Graves Mclain


    Daggett Shuler Law

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  • Shoplifting Statistics

    Shoplifting has grown exponentially throughout the past few years, but don’t take our word for it, see the statistics for yourself in this data visualization from the Price Gun Store

    Shoplifting is America's #1 Property Crime

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  • Dog Attack Metrics for the US

    In conjunction with Dog Attack Prevention Awareness Week, we wanted to share some metrics regarding dog bites in the US…

    Help prevent dog attacks by reading these dog bite prevention tips as well.

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  • Requirements for a Legal Malpractice Claim

    Whether you need assistance opening a business, seeking compensation for a major injury, writing a will, or defending yourself from civil or criminal liability, the process of hiring an attorney involves a great deal of trust. The sensitive nature of the attorney-client relationship requires that clients be protected in the event that their attorney makes a mistake or does not handle the case with the care and attention it deserves. One of the important safeguards available to clients who have been harmed by the negligent performance of their attorney is a legal malpractice lawsuit.

    In order to raise a successful claim for legal malpractice, you must demonstrate three elements:

    1. the existence of an attorney-client relationship,
    2. a failure on the part of the attorney to fulfill the duty created by the attorney-client relationship,
    3. damages arising from the attorney’s failure to adequately represent his client.

    When a client can establish each of these three elements, the attorney is liable for the damages that were incurred by the client as a direct result of the attorney’s negligence.

    The most complicated element of this test is the requirement that the client was harmed by the attorney’s mistake. This can be a tricky task because the client must first demonstrate that his case would have been successful if his attorney had acted in accordance with the standard of care. In other words, even if the attorney made a number of mistakes, the client cannot claim to have been harmed by those mistakes if the case was not going to succeed anyway. When a client is able to establish the merits of his case, and that he would have won but for the mistakes of his attorney, the attorney is liable to the client in an amount equal to the value of the underlying case.

    The most viable legal malpractice cases are those that are based on a distinct breach of the standard of care that directly led to the dismissal of a claim. For example, if an attorney fails to file her client’s otherwise meritorious claim before the statute of limitations expires, then it is clear that the mistake caused the client to sacrifice the value of the lawsuit. On the other hand, it is very difficult to establish that an attorney’s performance caused the client to lose the case when the client’s complaints relate to trial strategy or performance, such as failing to call a particular witness or refusing to cross-examine a witness in the manner the client desires.

    If you believe that your attorney’s negligence caused you to lose a lawsuit, you may be entitled to compensation for damages arising from your attorney’s mistakes. The attorneys at Meyerson & O’Neill have helped many victims of legal malpractice to obtain compensation for their injuries. If you believe that your attorney’s negligence caused you to lose a lawsuit, you may be entitled to compensation for damages arising from your attorney’s mistakes. Please call (215) 972-1376 for a free and confidential consultation with one of our experienced attorneys.

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  • Ontario Wrongful Death Laws

    When a person dies at the fault of another person or entity, the surviving family members may be able to bring a wrongful death lawsuit to seek compensation for the survivors’ loss. Wrongful death lawsuits compensate the surviving family for damages suffered by the surviving family for pain and suffering, medical bills at the time of injury and at death, and funeral expenses. Damages are paid to the victim’s estate, but some money may eventually pass to the family members.

    Wrongful death suits can be brought against a wide variety of persons, companies, and employees, but family members must prove that their loved one’s death was caused by someone else’s recklessness or deliberate act and not by their loved one’s own action or inaction.

    These claims are a civil matter and can be brought upon people of all ages. However, a wrongful death lawsuit is different than criminal charges being brought against the negligent person or persons. If the negligent person or party is not found guilty of murder, the family of the deceased can still file a wrongful death claim.

    In certain instances, even separated spouses can file wrongful death suits for the death of their estranged spouse. Parents can file wrongful death suits if their child dies from negligence, and likewise children can file suit if one of their parents dies from negligence.

    Damages in a wrongful death case are structured so that the surviving spouse receives 60 to 70 percent of the net income of the deceased from time of death. In Ontario, intestacy laws are in place to distribute a person’s estate if the pass without a will. If the deceased was married at the time of death, then the deceased’s spouse takes a share of $200,000 and the law divides the balance by giving an additional portion to the spouse and the remaining portion to the deceased’s children, in equal shares depending on how many children there are surviving. The children might have the right to sue for support under Ontario Canada’s Succession Law Reform Act if they were considered dependents of the deceased and the deceased was under legal obligation to provide support. Visit www.Ontario.ca for more details.

    Data on wrongful death and intestacy laws in Ontario is provided by Cariati Law.

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  • Iowa Wrongful Death Laws

    If you die in the state of Iowa without a will, you are said to have passed away intestacy. Iowa intestate succession laws are in place to pass the assets you owned in your name only on to your closest family members. For children to inherit from you under laws of intestacy, they must be your children legally. For some families, this is a confusing issue. Adopted children will receive an intestate share as biological children do. Foster children and step children you never legally adopted will not receive a share of the intestate property. Children you placed for adoption who were never legally adopted will not receive a share. Your grandchildren will receive a share if their parent, your child, has died before you.

    Read the following to understand intestacy laws in Iowa:

    • If the deceased leaves behind children but no spouse, the children will inherit everything.
    • If the deceased leaves behind a spouse but no descendants, the spouse will inherit everything.
    • If the deceased leaves behind a spouse and descendants from the deceased and the spouse, the spouse inherits everything.
    • If the deceased leaves behind a spouse and at least one descendant from the deceased and someone other than the spouse, the spouse will inherit 1/2 of the intestate real estate and at least 1/2 of the intestate personal property, provided the spouse’s share is worth at least $50,000. The descendant(s) will inherit the rest in equal shares, if more than one descendant is living.
    • If the deceased leave behind parents, but no spouse or descendants, the parents will inherit everything.
    • If the deceased leave behind siblings but no spouse, descendants, or parents, the siblings will inherit everything.

    To learn more about intestacy laws, visit www.nolo.com.

    If you or someone you know has lost a loved one without a will, contact the lawyers at Meyerson and O’Neill law firm today at 877-773-3515.

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