Posts by Christopher

Offshore Accidents and Injuries

Posted by on Jul 22, 2017 in Offshore Accidents and Injuries

Two boats collided on the evening of March 1, 2008, in the entrance to Useless Inlet, located near Bamfield, a Province of British Columbia. One of the boats was the Big Water, a 26-foot Tiara boat, while the other was the Attacker, also a Tiara boat, but was 27 feet in length. The collision resulted to the death of the woman passenger (the only passenger) of the “Big Water” vessel.

During the trial, it was established that, prior to the collision, the Big Water, which was entering Useless Inlet, was traveling at 26.6 mph with no navigation or running lights; the “Attacker,” then leaving Useless Inlet, had its  running lights on as it traveled at 32.5 mph.

Due to the almost complete darkness, the two vessels failed to avoid a violent collision that significantly damaged both of the vessels’ upper parts. The Big Water’s woman passenger was said to have suffered a severe, fatal trauma to her body, aside from getting ejected from the vessel into the water.

The court’s decision said that the operator of the Big Water operated his vessel at an unsafe speed, without navigation lights, and without keeping a proper look-out in a narrow channel where there was risk of collision: this is operation of a vessel in a manner that is dangerous to the public. With regard to the observance of standard of care in the operation of a vessel, the court ruled that the Big Water operator displayed a reckless disregard of extreme risk and in the circumstances, exhibited a marked departure from the norm.

According to the The Benton Law Firm, many factors lead to boating accidents including alcohol, poor lighting, boat malfunction, driver inexperience, weather conditions or speeding. Boat accidents can be quite severe to the victims who are either sitting alone in the water or stationary on a boat. A motor boat flying at you full speed while you are sitting in the water in an inner tube can lead to devastating injuries that may take weeks or months in the hospital in order to fully recover. As a victim of a boating accident, you are eligible to receive compensation for your medical expenses, lost wages, loss of future income, and pain and suffering. Boat operators are held to a high standard of care to prevent devastating injuries from occurring and when a boat operator neglects to take the proper precautions, they should be liable for any resulting injuries.

One of the most discussed accidents at sea, however, was the Deepwater Horizon oil rig explosion in April 2010. Besides causing 4.9 million barrels or 210,000,000 U.S. gallons of oil to continuously gush from the drilled seabed well, it also claimed 11 lives and injured 16 other workers.

According to the Centers for Disease Control and Prevention (CDC), during 2003–2010, the U.S. oil and gas extraction industry (onshore and offshore, combined) had a collective fatality rate seven times higher than for all U.S. workers (27.1 versus 3.8 deaths per 100,000 workers). The 11 lives lost in the 2010 Deepwater Horizon explosion provide a reminder of the hazards involved in offshore drilling.

A maritime injury lawsuit attorney explains that as an employee in one of the most dangerous industries in the nation, you deserve to be protected from harm, especially if you have been injured in an oil rig explosion, rig accident, or ship accident. In the event of an injury, you deserve the proper compensation to help you recover and move on with your life.

 

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The Issue of Alimony after Divorce

Posted by on May 6, 2017 in Divorce

The Issue of Alimony after Divorce

Alimony or spousal support is one spouse’s lawful obligation to give monetary support to his/her former partner after separation or divorce. Formerly, spousal support consisted in the husband paying his former spouse. Modern day practice, however, has given way to gender parity, so that the support is now supposed to be provided by whoever has financial strength and stability. This payment is to make sure that the dependent spouse will continue to enjoy the standard of living that he/she enjoyed before the divorce. This is true, especially if one spouse gave up all chances for professional and economic growth for the sake of his/her partner and their family.

In the past, women were the usual recipients of alimony since it was them who were often required (under societal standards) to cease work and care for the home after marriage. Providing for her and for the rest of the family was, of course, the duty of her husband.

Life’s circumstances, however, have greatly changed, and two of these changes are, first, the greater opportunity of more women to land in higher paying jobs and, second, more men ending up without a job or with lower pay.

Alimony is a court-mandated monetary payment that one spouse should make to his/her former partner; it is also known under the names spousal support or spousal maintenance. When making decisions on the issue of alimony, courts usually consider the following factors:

  • earning capability of both spouses;
  • age and health of the spouses;
  • earned and potential income, and assets of both spouses; and,
  • duration of the marriage

An article found at www.themaynardlawfirm.com, says, “alimony will only be awarded under fairly specific circumstances that are associated with the financial circumstances of both former spouses following the divorce. When former spouses fail to provide the alimony they have been ordered to pay, they may be taken back to court to enforce the terms of their alimony agreement. Though it may be difficult to take your former spouse to court, this may be the only way to get the alimony payments that the court itself determined that you were in need of at the time of your divorce.

In the event that the financial circumstances of either former spouse changes after the divorce, it may be necessary to modify the spousal support obligation to reflect their new financial circumstances. In more practical terms, a spousal support obligation may be modified if certain things occur such as the receiving spouse getting remarried or getting a new job that pays enough income to adequately provide for their basic needs or if the paying spouse losses his or her job or is no long able to earn income for some reason.”

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What To Do if You’ve Been Hurt in an Accident

Posted by on Feb 1, 2017 in Car Accidents, Personal Injury

Accidents happen even to the most careful drivers. If you’ve been hurt in an accident, there are a few steps you should follow. The first steps you take following a personal injury accident can greatly affect the reimbursement from your car insurance company if you file a claim.

First off, try to remain calm. This is important for making smart and rational judgements regarding the accident. Next, seek medical attention even if your injuries do not seem serious. You may feel fine now, but symptoms like discomfort and dizziness may appear days after the incident. Getting medical attention will also strengthen your personal injury claim. If you wait days or weeks, it will be more difficult to attribute your injuries to the accident.

If the vehicles are still operational, move them to the side of the road and out of the way of oncoming traffic. Next, you should document the accident. Take photos of the vehicles, your injuries, street signs, the other driver’s insurance, etc. Even if you think the accident may be your fault, do not say so.

After an accident you must decide whether or not to file a claim. If the accident was your fault and there damage does not seem major, you may be tempted to offer cash to the other driver. However, this can be much more costly than you think. According to Zavodnick, Zavodnick & Lasky, if you choose to file a claim with your insurance company, the sooner you make your claim, the sooner you could be eligible to receive compensation.

Taking legal action might be the last thing on your mind after an accident or injury, but it is important to take these steps quickly, as there is limited time to file a claim.

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How to Qualify for Chapter 7 Bankruptcy

Posted by on Nov 22, 2016 in Bankruptcy

People caught in overwhelming debts are usually stressed in trying to figure out what can save them from their debts or what they can do to save themselves. To many, the thought of having to sell everything they have painstakingly worked for is just too painful – but what else is there left to do?

Well, the truth is, there is a legal way which will help individuals with overwhelming debts regain control of their financial situation: bankruptcy.

Bankruptcy is a legal proceeding where individuals or businesses that owe debts can declare their inability to pay what they owe; in this proceeding, creditors are also ordered to forgive debtors their debts. Declaring and filing bankruptcy is allowed under the U.S. Bankruptcy Code. There are different chapters under this Code, each designed to address an individual’s or a firm’s specific financial situation. Besides helping debtors regain control of their financial situation, filing bankruptcy has many other benefits, the most immediate of which (depending on the bankruptcy chapter filed) is the automatic stay, which is cessation of whatever form of harassment (such as e-mails, phone calls, letters, text messages, lawsuits and others) law firms and debt collectors use in order to force debtors to make payments.

Chapter 7 bankruptcy, which is also called liquidation bankruptcy, is one specific chapter that can help individuals. This chapter is actually best for people who have properties, but whose salary or income does not go above the stipulated limit in the chapter. As the name suggests, this chapter requires the liquidation of a few of a debtor’s (non-exempt) properties . The selling (of the surrendered properties) is to be done by a court-appointed trustee, who will also distribute the amount earned to creditors. Debts to be paid are only those categorized as non-dischargeable, such as court fines, alimony and student loans. Medical bills, business and personal loans, debts due to use of credit cards are called dischargeable debts, meaning, the court may free a debtor from the obligation of still paying these.

According to a Raleigh Chapter 7 bankruptcy attorney, Chapter 7 is one of the most commonly sought forms of bankruptcy because it provides individuals with a way to discharge, or completely eliminate, many of their existing debts. For a person suffering under the weight of unmanageable debt, Chapter 7 bankruptcy may be able to provide him/her with much-needed relief. However, pursuing this debt relief option can be complicated, so it is important that he/she seek professional assistance if he/she thinks that Chapter 7 is right for him/her.

Debtors who wish to seek protection under this chapter will have to take a means test, which they will need to pass. This means test is a way to determine if their income is low enough to qualify them for this bankruptcy chapter.

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Reasons Why Shoulder Replacement Surgery Fails

Posted by on Oct 21, 2016 in Personal Injury

Roughly 9 out of 10 shoulder replacements last for 10 to 20 years. There are various reasons for its failure. The bad news is that 20 percent of the 50,000 shoulders replaced throughout the United States fail either immediately after surgery or up to 15 years at the most. The reason for the failure is that the plastic glenoid socket either wears out or becomes loose.

When the failure of shoulder replacement is due to a defective design, the patient has a case against the manufacturer. The website of Williams Kherkher revealed that over the years there has been an increase in the number of shoulder replacement lawsuits. In shoulder replacement surgery, the top of the humerus and the shoulder blade is replaced by a surgeon. The new components are held together by cement or by made a material that enhances the growth of a new bone.

While majority of procedures are generally successful, failures may still happen. Some of the factors that may cause the failure of a replacement surgery include:

  • Infections. Post-surgery infections may cause the removal of shoulder prosthesis. Once treated, the patient may be eligible to get another implant.
  • Prosthetic misalignment or loosening. When the implant is not sufficiently secured to the bone or not well aligned to the other parts of the shoulder, it may result to the misalignment or loosening of the prosthetic.
  • Bone Fracture. Post-surgical fracture may require a second shoulder surgery.

These factors can all cause severe pain and disability and may result to shoulder replacement revision surgery. In this procedure, the prosthesis is removed and replaced in order to reduce the risk of complications. Compared to other procedures, shoulder replacement revision generally takes a longer time and is more complicated than initial procedures. The complexity of revision surgery makes the risk of complication higher.

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