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Don't let the law BUG you!


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Career transitions can be very stressful and often affects a marriage in a negative way.

Many major life transitions, such as career transitions, can
be very stressful, and the stress often affects a marriage in a negative way.
This is especially true in todays economy, when many career transitions are
not voluntary. A layoff, demotion, or forced early retirement can result in
financial and self-confidence problems. Often couples who are happy with their
routines are forced to spend more time together, which is not a positive thing
for many couples.

According to experts there are many reasons that a career
shift can lead to divorce, including one spouse not being able to handle the
insecurity of a job change, one spouse turning to destructive behavior in the
wake of a career problem, spouses not being able to cope with changing roles in
the relationship, and one spouse not being able to handle seeing the other
spouse struggling. The end of a career
can also signal to many couples the time to reassess the relationship.

However, career transitions dont always have to mean a
divorce. There are steps couples can take to help their relationships withstand
the stress of a job change. First, more communication is always better than
less. Discuss your financial fears and review the family budget. Also talk
about your fears and your hopes for the future. Be careful not to overreact to
your spouses behavior during this difficult time career transitions
naturally lead to anxiety and stress.





Trucking Safety and Hours of Service Regulations

Being a commercial truck driver is one of the most difficult and dangerous jobs in the United States. Such drivers work long hours under physically and mentally demanding conditions. To ensure drivers get sufficient rest to allow them to perform their duties safely, the Federal Motor Carrier Safety Administration (FMCSA) regulates the hours truckers may work.

If you or a loved one has been involved in a trucking accident, it may be worth your while to consult an experienced San Francisco trucking accident lawyer to determine if any of these rules were violated. If so, this may help you prove negligence on the part of the trucker or related parties.

Daily limits

The FMCSA mandates daily and weekly limits on the number of hours commercial truckers may work.

  • Generally, truck drivers may work no more than 14 consecutive hours in a day.
  • Of these 14 hours, only 11 may be devoted to driving.
  • The remaining hours may be devoted to paperwork or tasks such as loading and unloading.
  • Once these limits are reached, drivers must spend at least 10 consecutive hours off-duty.

Weekly limits

FMCSA regulations prohibit truck drivers from driving after being on-duty:

  • 60 hours over seven consecutive days
  • 70 hours over eight consecutive days

This 60- or 70-hour clock only restarts when a driver takes at least 34 consecutive hours off duty.

Why these rules exist

These FMCSA regulations prevent truckers from becoming too fatigued to drive safely. To help enforce these rules, drivers must log their status throughout the day as:

  • Off-duty
  • Sleeper berth
  • On-duty, not driving
  • Driving

However, trucking companies often pay drivers by the mile. This tempts some drivers to break the rules. In 2004, the FMCSA proposed a rule asking drivers to maintain supporting documents to verify the entries in their logbooks. However, this rule was shot down by the trucking industry, and never went into effect. Trucking accident attorneys deal with countless cases every year involving fatigued truckers and the tragic results of their dulled faculties.

If you or a loved one are involved in a Bay Area trucking accident and suspect the driver involved ignored these FMCSA standards, retain an experienced San Francisco trucking accident law firm. Bay Area attorneys at such firms can help you determine if federal safety regulations were violated in your case, and how to prove this negligence in a court of law.

Trucking accident lawyers

Serving clients throughout California, The Cartwright Law Firm has been in existence for over 50 years in downtown San Francisco. In that time, we have recovered tens of millions of dollars for individuals and families struggling to pick up the pieces and start life over again after a serious injury. For more information regarding our practice, contact the San Francisco trucking accident and personal injury attorneys at The Cartwright Law Firm today.





Local Personal Injury Attorneys, Are They Right for You?

A local general practice law firm offers the advantage of working with a familiar lawyer whom you know and can trust. You have the convenience of establishing a long-term attorney-client relationship for your legal needs, and can feel comfortable about seeking legal advice whenever necessary. Local lawyers know the judges, prosecutors, and court staff along with the local courts particular procedures and ways of dealing with cases.

More personal injury claims are filed for auto accidents than any other type of injury claim. We frequently represent clients in motor vehicle accident cases, including trucking and motorcycle accidents.

Accident injuries can be severe, and obtaining adequate compensation to deal with medical bills, lost wages, and future lost income typically requires effective legal representation. Skilled injury lawyers have access to professional experts who can substantiate the cause of an accident and other party negligence, and estimate damages and future medical care expense. An experienced lawyer develops expertise in determining whether a settlement offer can meet your needs, and whether to pursue further negotiation, or take your case to trial.

Whether you seek legal help from personal injury lawyers, need legal advice for estate planning, legal counsel for probate, or effective criminal defense, find out how we can help.





Why you need a lawyer in a personal injury case

Attempting to settle a personal injury claim on your own can put you at a disadvantage for a number of reasons.

In any line of work, professionals get educated, gain experience, and acquire a level of expertise that may make their work appear easy. However, a great deal of knowledge and understanding underpins successful results. Legal terms, court procedures, personal injury laws, and even insurance laws are often involved with the claims process.

Overcoming challenges in a personal injury case

Certain challenges, inherent to any personal injury case, generally involve investigating the accident or incident to determine the cause of injury, proving negligence or establishing liability, and estimating the amount of damages. Economic damages are fairly straightforward. However, determining monetary equivalents for pain and suffering, loss of quality of life, and other non-economic damages are not clear cut and are usually left for lawyers to argue and juries to decide.

Personal injury lawyers have to weigh the strength of a case and what type of recovery it might bring in court. When attorneys can develop and convincingly present a case, they gain leverage during negotiations. Most cases are settled outside of court. Yet failures to reach settlements can lead to lawsuits. Whether settling or trying a case, a significant amount of hard work and strategy goes into achieving a favorable outcome.

Legal complexities

The deadline to file a personal injury lawsuit is called the statute of limitations (http://research.lawyers.com/Ohio/Ohio-Statutes-of-Limitations.html). In Ohio, the statute of limitations varies depending on the type of personal injury or civil action taken. Even determining the date that the statute starts to run can be complicated and is best discussed with a lawyer.

Advantages of using a personal injury lawyer

Challenges and complexities are good reasons to obtain a personal injury lawyer. A personal injury lawyer can also offer advantages:

  • You eliminate the stress of directly dealing with the insurance company.
  • You get legal advice about how to proceed.
  • You receive guidance about dealing with medical bills.
  • Your lawyer navigates the legal process for you.
  • Initial consultations to determine whether you have a case are free.

Personal injury lawyers represent clients on contingencyno fees are owed unless the firm recovers through settlement or verdict.





Do all Personal Injury Cases Involved Physical Injury?

Most Bronx injury or Brooklyn injury does involve physical injury in some form. Negligence is a key factor in the majority of Brooklyn personal injury and Bronx persona injury cases. This means that another individual acted reckless and without caution and therefore caused another person harm. Car accidents slip and fall accidents, and medical malpractice are all typical examples of common personal injury cases.

However, in some circumstances, personal injury in Brooklyn or personal injury in the Bronx does not have to be physical. Some courts negligent infliction of emotional distress, or NIED.

Negligent infliction of emotional distress

NIED follows the theory that every person has a reasonable duty not to cause another individual emotional distress. Unlike typical Bronx personal injuries or Brooklyn personal injuries, there need not be any physical harm to file a lawsuit claiming NIED. Negligent infliction of emotional distress first became a separate tort in Hawaii in the case of Rodrigues v. State in which the plaintiffs claimed emotional distress from flood damage to their home.

In order to file a successful negligent infliction of emotional distress claim, the following four elements must be present:

  • The defendant displayed outrageous or extreme conduct.
  • Through reckless disregard the defendant intentionally or unintentionally caused emotional distress.
  • The plaintiff suffered emotional distress.
  • The defendant directly caused the plaintiffs emotional distress

It is important to note that the majority of court jurisdictions in the U.S. frown upon the use of NIED in lawsuits. Personal injuries in the Bronx that are not physical are difficult to litigate because New York courts are especially unresponsive to negligent infliction of emotional distress claims.

Examples of NIED

Following are some examples of possible NIED cases:

  • Wrongful disposal of a body by a funeral home
  • A parent who observes the abuse of a child
  • A spouse is misdiagnosed with a terminal illness

Proving physical personal injury

 

In New York, you are more likely to have success with a lawsuit if you sustained a Brooklyn injuries or Bronx injuries. However, in order for you to obtain a settlement, you must still show the following four basic elements of negligence:

  • Duty
  • Breach of duty
  • Causation
  • Damages

If you were physically or emotionally harmed and believe you have sustained personal injuries in the Bronx or personal injuries in Brooklyn due to negligence





Notifying Potential Defendants in Personal Injury Claims

If you suffer a personal injury in Brooklyn or the Bronx due to an accident, one of the first things you should do after seeking medical treatment is to send notice to anybody who could be at fault in the accident.

However, it is not your job to determine who, exactly, was responsible. That is the job of a Bronx or Brooklyn personal injury attorney. Your responsibility is to think of who might be at fault and notify them of the accident, your injuries, and your intention to file a claim.

Assessing responsibility in a Bronx or Brooklyn personal injury

There are a number of potential defendants in most Brooklyn or Bronx personal injury cases. Depending on the type of accident, some are easy to assess and some are not. For example, if you are involved in a car accident you should send notice to all of the drivers involved, the vehicle owners, the drivers employerif it is a company vehicleas well as your own insurance company.

But even in a car accident, however, there may be other people or companies who should be notified. This is especially true in other kinds of accidents, such as a workplace injury in the Bronx or Brooklyn, or a product liability case. That is why it is very important to contact a personal injury lawyer at the outset of the claims process. An attorney will let you know who should receive a claims notice.

Sending notification letters

After determining who might bear responsibility for the accident and your personal injury, you should then write letters to those parties. Do not wait too long to do this. Try to have the letters posted within a few weeks of the accident. Again, you should have contacted a Bronx or Brooklyn injury lawyer by now who can help you determine who needs to receive notice.

When writing the letters make sure you stick to the basic facts: that there was an accident and you were injured in it. Do not make claims of responsibility or negligence or even describe the severity of your Bronx injury or Brooklyn injury. The point of the letter is twofold: it allows possible defendants to notify their insurance company and, if a claim is filed against them later, ensures they cannot assert that the claim came without due notice. Ask for a written response as acknowledgement that they have received your notice.

 





NY Scaffolding Accidents

Due to the nature of their job, New York construction workers are at particular risk of suffering an injury at work. According to the Occupational Safety and Health Administration (OSHA), ten percent of all work related deaths are due to falls at construction sites.

Common points of equipment failure in scaffolding accidents in NY

Most injuries and deaths from a NY scaffolding accident are not the result of extremely dangerous conditions such as falling off the top of a skyscraper but rather, from routine activities. In fact, 41 percent of all falls are from ladders. Ladders and scaffolding pose a particular threat to construction workers who can easily become distracted or lose their footing in a proper, balanced position while on them.

In addition, scaffolding is often improperly built or lacking sufficient safety. The following scaffolding parts are particularly prone to neglect and failure to check those results in many NYC scaffolding accidents:

  • Scaffold base-should be set on a firm surface that can handle weight.
  • Fastening pins-must be used at all frame connection points.


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