False statements can be damaging to the name and reputation of a person. Whether slander or libel, the defendant can be sued even if there was no harm or injury involved. Charleston defamation attorneys of Clawson and Staubes will tell you that even the Internet and cellular communication can be a source of defamatory remarks. If your name or reputation was hurt by false statements, you are eligible to collect damages.
In defamation, there are actually three types of damages that you can recover. Actual Damages are compensatory damages designed to help the plaintiff restore their rightful position which they should have had if not for the defamatory remark. These types of damages may include lost wages or earning capacity, medical expenses, shame, mortification, and others.
Assumed or presumed damages result from the publication of the defamatory remark. Even if the actual damages are not proven, there is always an assumption that the plaintiff experienced harm to their reputation or suffered shame, mortification, or hurt feeling. However, assumed damages are not available for slander.
Like in any other case, punitive damages in defamation is are designed to punish the defendant for their egregious conduct in order to prevent similar actions from happening in the future. In order to receive punitive damages, the plaintiff should prove that the action of the defendant involved malice or fraud.
The availability of damages will depend on the type of defamation involved in the case. For instance, assumed damages are available in libel but not in slander cases. In defamation per se, assumed damages can be recovered. Here, the statement is without a doubt defamatory. Defamation per quod requires the plaintiff to explain why the statement under question is defamatory. This commonly happens in statements that are inducements or innuendos. In defamation per quod, the plaintiff needs to prove actual damages.Read More
While maintaining the minimum level of auto insurance is required by all states, it may not be enough to pay for all the expenses you may incur during an accident. Determining the right insurance is much easier given the plethora of companies offering insurance policies. The website of Zavodnick, Zavodnick & Lasky, LLC, reveals that there are several types of auto insurance that a driver can choose from.
So what coverage can you get from the most common types of auto insurance? Here we will take a look at the different kinds of car insurance:
Liability Insurance. This type of car insurance covers bodily injuries and property damage. It will shoulder the other party’s medical bills and vehicle repairs. However, it does not offer protection for you and your passengers if you are injured or your vehicle is damage caused by the wreck.
Collision. This type of coverage will shoulder the repair and replacement of your vehicle after an accident. It also covers damage from colliding with an object or an accident that does not involve any object. Although collision coverage is not required in most states, financing companies might require it for those who have a loan or lease. It cannot usually be purchased without comprehensive coverage.
Comprehensive. This type of policy offers protection against certain types of damage not resulting from accidents, such as theft, falling object, or natural disasters.
Personal Injury Protection (PIP. Often called “no-fault” insurance, personal injury protection shoulders the medical expenses that you can incur regardless of who is fault. It also covers everyone who is listed on your policy, members of your household, and passengers.
Auto Medical Payments. This is similar to PIP but has a limited scope. It provides coverage for accident-related medical expenses for you, your passengers, household members, and other policyholders. It can be an excellent supplement for health insurance and can be an effective replacement for those who do not have one.
Uninsured/Underinsured Motorist Coverage. This type of policy provides coverage for those who has no insurance policy or inadequate coverage. It can shoulder medical bills and car repairs.Read More
Due to expensive hospitalizations and follow up treatments, a lot of people have been injured in accidents are left with hefty financial burden. However, injured individuals might consider filing for a claim if negligent property owners can be held liable for their injuries.
Like personal injury, “premises liability” heavily rely on someone else’ negligence. An individual filing for a premises liability claim should prove that a property owner or a property management became negligent and such negligence resulted to his or her injuries. There are many types of personal injuries that can be considered as a premises liability.
Individuals who have suffered slip and fall injuries in privately-owned properties may file a premises liability claim. Accidents are likely to happen in places like amusement parks, zoos, hotels, resorts and even to someone else’s neighbor. Individuals are likely to suffer injuries if a property owner or its management deliberately or negligently failed to maintain safety around the premises. Property owners and the management are required to make sure that their guests or visitors are safe while inside the premises. For example, a hotel owner or its management can be sued for premises liability if a person suffer serious injuries while using the hotel’s elevator or escalator. Elevator and escalator accidents at some point can be catastrophic and it is often caused by poor maintenance the lawyers of the Clawson & Staubes, LLC: Injury Group said. Individuals may suffer from injuries like burns, dog bites, head injuries, broken bones, and water-related injuries from a poorly-maintained property.
A person can also file a premises liability claim if he or she had been attacked or assaulted by other persons as a result of a criminal activity taking place inside the property. Owners and operators of bars, nightclubs, restaurants, and shopping malls are required to make sure that patrons or customers are safe by employing security personnel and having sufficient lighting systems. Working with a lawyer is important for injured individuals as pursuing compensations after being injured from a hazardous property can be difficult as plaintiffs should prove that the property owner is aware that his or her property is indeed not safe for other people.Read More
To lose somebody is difficult to handle and deal with, but losing someone who is the principal supplier of the homecan be quite damaging in so many ways. Fortunately, you can find regulations that let the deceased estate file for wrongful death claims and survival action claims. As stated by the Crowe & Mulvey, LLP website, there are certain distinctions between both claims, also it’s vital to understand these variations so that you can know which legal action to move with.
Whilst wrongful death claims are created to provide compensation for damages to the deceased estate set off from the passing, a survival action may claim for damages and additional injuries the victim experienced before their death, in which the victim would have attacked should they’ve resided. A survival action claim can be submitted when the victim did not immediately die after the mishap, and during that time that was certain span could incur extra expenses, as well as emotional and physical discomfort and further media cal bills. When these scenarios happen, the deceased person’s property may file for the equally wrongful-death claim and success action claim. This may help them recover any damages which were received prior to the victim’s death as a result of another party’s negligent or inappropriate act.
Wrongful death laws and survival action laws can differ from every express. Moreover, it’s important to ascertain who has got the privilege to record the statements, understand the entire process of making someone symbolize the dead person’ property, along with the possible damages which may be given in the claim. The financial compensation awarded by the court may ease the financial burden of losing and provide justice to the situation even though it might not restore the life of the victim.Read More
Because of the rise of personal injury claims against staff of many nursing home facilities, many are considering of alternatives to nursing homes that can still provide proper care to their aging family member. One option that can be a good alternative is the home health care. This is a type of care that covers a number of medical and personal services that can provided at home to an elder or senior who is partially or fully dependent. It is a sufficient and affordable home care system that can provide physical help to elders around the home, from the basic bathing to getting meals, exercising, and even monitoring of chronic health conditions.
Home care and other supplemental services can offer a number of assistances to elders, such as health care (rehabilitation and physical therapy, medication, nursing, etc), nutrition (cooking, meal deliveries, and meal planning, among others), personal care (aid in performing personal hygiene, dressing, bathing, exercise), homemaking (house repairs, shopping, housekeeping), and social and safety needs (companions, transportation and escort services, etc). It is important to understand that home health care is not for everyone, since some seniors may require tight monitoring or further extensive medical treatment.
If the elder needs medical or nursing care, it is important to find a home care agency that is approved by Medicare and the state you live in. Seeking certified agencies to provide medical and nursing care would ensure that the service is at its utmost standard, and to avoid abuse and neglect from people who are not qualified to provide such services. Those who need at home health care often seek help with their daily activities rather than nursing or medical care. Activities of daily living (ADLs) such as getting out of bed, cooking, eating, bathing, walking around, and others is best suited for home health care services because families have better control on the care they receive.Read More
Every year, about 2,000-3,000 individuals in the US are diagnosed with the deadly, chronic cancer mesothelioma. Mesothelioma affects the tissues or membrane lining of the lungs and abdominal organs, or the sacs the surround the heart and the testis. It has four known types, namely:
- Pleural Mesothelioma – This is the most common type of mesothelioma and it develops along the pleura, which is the membrane lining of the lungs. Some of the symptoms of pleural mesothelioma include shortness of breath, fatigue, persistent chest pain, night sweats, difficulty in swallowing, and fever.
- Peritoneal Mesothelioma – This cancer develops along the mesothelial lining of the abdomen. The symptoms associated with this deadly cancer include abdominal swelling, abdominal pain, weight loss, fatigue, nausea or vomiting, and diarrhea.
- Pericardial Mesothelioma – This type of mesothelioma affects the outer heart covering, called the pericardium. This is the rarest, yet the most dangerous among the four types due to its nearness to the heart. Its symptoms include are chest pain, breathing difficulty, irregular heartbeat, fatigue, coughing, fever and night sweats.
- Testicular Mesothelioma – This develops along the testis or the lining of the male’s reproductive glands. Growth of testicular lumps and swelling of the scrotum and are the major signs of this cancer.
The only known cause of mesothelioma is asbestos, a fibrous mineral that releases sharp, tiny fibers which imbed themselves in an organ’s linings when inhaled. This deadly effect of asbestos, however, do not become manifest until about 40 years or more after exposure to the mineral. Thus, by the time it becomes detectable, mesothelioma would already have developed to a stage that no longer makes treatment possible, making it, therefore, an incurable disease.
According to the website of Williams Kherkher’s mesothelioma lawyers, the wide use of Asbestos occurred from 1930 to 1970, but most especially during the Second World War. During this time, 4.3 million workers, in shipyards alone, were exposed to thousands of tons of asbestos from the building of war ships and making of ship equipment, like steam turbines, steam engines, insulate piping and boilers. The US Navy itself had a great number of its enlisted personnel building ships and getting exposed to asbestos as well.
Today, asbestos is no longer just found in factories, mines, construction sites, shipyards, etc. Many offices and homes have furniture and so many other products that have, as component, elastic and heat-resistant asbestos. Roofing shingles, fireplace cement, bricks, automobile parts, lawn furniture, flooring materials and, some say even hair dryers and toasters, are just a few of these products.
About 45,000 Americans have already died due to mesothelioma since 1979. Some medical and government authorities say, though, that the number of mesothelioma cases is yet to reach its peak in 2016.
Many companies, which caused their workers to get exposed to asbestos, have already closed after declaring bankruptcy. This, however, should not discourage victims from seeking compensation as funds have been available, especially after these companies were required by law to set up Mesothelioma Compensation Trust Funds for the purpose of paying asbestos victims the compensation they may be legally entitled to.Read More
Controlled substances are drugs in which their possession and manufacture are regulated by the government. There are five levels of controllable substances, referred to as schedules, and they are characterized by their risk factors. Factors that determine a drugs schedule include if they are approved in the United States, potential for abuse, and if they will lead to a dependency. From schedule one to five, the drugs increase in risk level.
Substances under schedule one have no federally approved use in the United States, high potential for abuse, and high potential for the user to develop a dependency. Examples of schedule one drugs are heroin, LSD, and marijuana. Drugs under level two can be medically prescribed, however can still be abused and cause dependency. Schedule two drugs fall under one of two subdivisions, 2 or 2N, and are typically stimulants or depressants. Such drugs are amphetamine, methamphetamine, or hydromorphine.
Third schedule drugs have less potential for abuse, and their make-up presents a lack of or decrease in narcotics. Typically, schedule three drugs are defined by products that have less amounts of codeine. Schedules four and five each have lesser potential for abuse than schedule three, and are commonly prescribed by a doctor or taken over the counter.
While some controlled substances are legal and prescribed, others are illegal. If a person is discovered to possess or use a schedule one drug, in some cases, the action can be charged as a felony. Waukesha Criminal Defense Lawyers know how much anyone in this situation usually needs help; serious attention should be directed to anyone using drugs that are categorized as Schedule I. The high penalties for being convicted of crimes with Schedule I drugs make a good defense important.Read More
The baby boomer generation is causing the average age of the United States population to rise. The number of old adults, or people age 65 and older, is growing exponentially. Currently there are over 42 million senior citizens in the United States and this number is projected to more than double by 2060. Because of this, the necessity for nursing home facilities is also growing and becoming an imperative need.
The average cost of care and residency for one year within a nursing home is $87,600. This cost generally includes medical expenses, boarding, and the fulfillment of basic needs by experienced staffers. Unfortunately, many for-profit nursing homes are more focused on potential profit than the care of their residents. This kind of negligence can become a pattern than progresses to abuse of the elderly clients.
According to the website of Pohl & Berk, LLP, between one and two million adults over the age of 65 are mistreated in nursing home or assisted living facilities annually. There are some reports that the rate is even as high as one in three residents being abused. However, the age and mental health of the patients causes many of these cases to go unreported.
Abuse is the willful intent to harm someone that results in physical or mental anguish. There are three main types of nursing home abuse: physical, emotional, and financial. The reported cases of abuse range from bed sores to bankruptcy to death. Fifty percent of abuse is willfully implemented by nursing home staff and another 25 percent is inflicted from resident-to-resident from lack of supervision.
It is important that the staff and management of these facilities are accountable for the neglect or abuse that afflicts these adults. If you believed that your loved one is a recipient of abuse at a nursing home or assisted living facility, contact an attorney in your area to discuss your legal options.Read More
Remember how terrified you were to go to the dentist, and how much horror you saw in that drill? Apparently, you may have been justified in your fears.
Medical malpractice is most closely associated with hospitals and medical doctors, but the same types of negligent acts occur in dental practice. Because dental work is typically outpatient doesn’t mean that no serious harm can occur. According to the Habush Habush & Rottier S.C. ® website, dental malpractice typically takes the form of failure to diagnose oral disease, improper use of dental tools, instalment of defective dental appliances, infliction of unnecessary injury to bone or tissue in the mouth, and improper use of anesthetics.
The most common cases of dental malpractice is poorly executed dental work, particularly cosmetic procedures such as bleaching, veneers , crowns and jackets. These elective procedures can be carried out by general practitioners because US law does not regulate cosmetic dentistry. In other words, it is not a specialty. However, there are a lot of dentists who are not able to perform these procedures properly, or who use substandard materials that end in undesirable results.
The worse thing is when the dentist is incompetent and does more harm than good when attempting these procedures. There is the risk of infection, overpreparing of the tooth, gum problems, and exacerbated temporomandibular joint (TMJ) conditions.
A recent case was that of a famous singer who, upon the advice of her dentist, submitted to having veneers placed on several teeth in the belief that it would help alleviate her chronic jaw pain problem. Instead, the treatments were a disaster and made her jaw pain worse, keeping her from practicing her profession over a considerable period. She sued her dentist for medical malpractice.
You can do the same if you have suffered serious preventable injury in the hands of your dentist. Consult with a dental malpractice lawyer in your area for more information about getting compensation for it.Read More
Xarelto is an anticoagulant medication mainly given for those who have undergone knee of hip replacement surgery in order to lower their risk of developing blood clots as well as stroke. Xarelto, with the generic name Rivaroxaban, has been approved by the Food and Drug Administration (FDA) as treatment for deep vein thrombosis (DVT) and pulmonary embolus (PE). It works by preventing certain clotting proteins in the blood system. It was made by Bayer and Janssen Pharmaceuticals (a New Jersey-based unit of Johnson & Johnson), and contrary to its predecessors, it can be prescribed in a uniform dose.
Because it is an anticoagulant, the most known severe Xarelto side effects are uncontrolled bleeding. Fatal bleeding to the brain, kidneys, or lungs can interrupt the blood flow to that vital area that could lead to the organ losing some if not all its functionality. Since Xarelto is an anti-clotting medication, hemorrhaging can occur and will continue until the medication is out of the system. Patients who have taken Xarelto run the risk of suffering from irreversible internal bleeding which could result in hospitalization and even death.
Although it has been approved by the FDA, it is not approved as treatment for acute coronary syndrome or ACS. Taking actions after experiencing severe Xarelto side effects should immediately inform their doctor. These risks should not be neglected or taken for granted as they can lead to serious health complications or death. Talking with a lawyer regarding a possible medical malpractice or product liability claim would help in informing the public about the danger of Xarelto as well as fine the manufacturers for their negligence. Just as with any type of medication, it is normal for Xarelto to have side effects, but it should not outweigh the benefits. Because patients who take Xarelto are not necessarily required to have regular blood monitoring and follow-ups with the doctor, it increases the chances that patient may end up with severe side effects.Read More