March 15, 2019
Wrongful Death Lawyer
Police in Omaha, Nebraska, had long resisted efforts from the famous COPS television show to film in the city and follow their offices. However, according to the Omaha World Herald, Chief Todd Schmaderer had a change of heart in mid-2014 because his officers had taken part in an embarrassing incident. (https://www.omaha.com/news/courts/city-of-omaha-in-court-over-wrongful-death-lawsuit-involving/article_0659daec-4f50-56a1-afd9-ae757d790923.html)
While the chief did not identify the event at the court hearing in the wrongful death case of COPS crew worker Bryce Dion, many believe it was the event in March 2013 in which an officer was seen manhandling a driver after towing his vehicle away, and other officers were caught chasing the driver’s relatives into a house on video. The chief, who tried to fire all six officers involved in that scandal, said in court that he just wanted people to see that his officers were better than what was seen in that case.
Unfortunately, his decision backfired. In August of 2014, 38-year-old COPs crew member Bryce Dion died when Omaha officers opened fire on a person robbing a fast food establishment.
Now, Dion’s family has brought a wrongful death claim against the City of Omaha, with the courts deciding whether the city bears liability for the crew man’s death.
The family’s legal representation says the city and police department failed in their duty to protect the crew member, who was not harmed when they responded to a call. They also allege the officer who accidentally shot Dion should not have been shooting at the fleeing robbery suspect in the first place.
Three police officers fired 36 times at the suspect after he pointed a gun at them and fired. Although the officers didn’t know it at the time, it turned out all the suspect had was a pellet gun.
Dion had been with the two officers involved in the shooting, and he had taken cover near the fast food restaurant’s entrance when shots were being fired. One of the officer’s bullets hit the crewman in his armpit, an area the bulletproof vest he was wearing did not cover.
The city is disputing it was responsible for protecting Dion, arguing that he knew the inherent risks of his job, which is why he was wearing the vest. They also allege he had at least eight seconds to leave the fast food eatery but decided to stay.
According to the city’s attorney, the officers had to fire at the robbery suspect because he fired at them several times, and they did not know that Dion was in the vestibule behind the suspect at the time.
In court, the chief said he did know there was a chance of injury or death to any person who rode with his officers. Before this, no one had been killed in the 20 years the show had been on air, although there were some injuries.
The family’s attorney says there was close to a minute between the robbery call and the arrival of the officers, which means the two officers with Dion had time to tell him to stay in the car given the violent nature of the crime.
How this case plays out will likely impact other risky reality shows going forward. If you have lost a loved one due to the acts or lack of action by another party, talk to a wrongful death lawyer Denver, CO trusts about your case.
Thanks to Richard J. Banta, P.C. for their insight into personal injuries and wrongful death lawsuits.
March 13, 2019
Estate Planning Lawyer
We all know that creating a will is important. It’s your legacy and the way you can support and protect your loved ones after you have passed away. But when is a good time to create a will? And does it need to be updated or is it a document that is a one-time deal? In this article, we will explain if and when you should update your will with the help of an estate planning lawyer Sacramento, CA offers.
Creating a will
Many people believe that a will is something that you create in your later years in life – closer to the time that you will actually need the will. Or they think that only parents or married couples should have wills. But the reality is, everyone should have a will created as soon as they become an adult. Even if you think you don’t have many “assets” to distribute, it is still important to have a plan in place for after your death. None of us are guaranteed tomorrow so it is better to be safe than sorry.
Key things to include in your will are naming who gets what, who will be the guardians of your children (if you have any), and who will execute your will. You can also include any funeral arrangements you’d like your family to make on your behalf. While it may seem morbid at the time, you will be saving your family members the stress of planning a funeral while they are grieving your loss. In order to make a will legal, it just needs to be written and signed by you with a witness who can vouch that you actually created the will.
When should you update your will?
Now that you’ve gone through the emotional process of creating a will and planning for your own death, you are set for life, right? Well, not exactly. A will is a living, breathing document and should be updated after key life events. If you made a will when you were 21 years old, it may not be applicable when you are 45. You may not know the same people or you may now have significantly more assets that need to be distributed.
A good rule of thumb for when to update your will is after key events. This includes the birth of an additional child, a marriage, divorce, accumulation of wealth or property, etc. You wouldn’t want to forget to include your youngest child when designating beneficiaries or forget to exclude an ex-spouse who you would not want dealing with your finances or property. Keeping your will current will prevent any tense situations between family members as well as make sure that all of your property, finances, and other assets are handed down to the right people.
Your will is not something to take lightly and should be a document that is regularly looked at to ensure accuracy. It is not a “one and done” type of legal document but rather one that morphs over time based on things that are happening in your life Ultimately, the purpose of a will is to give you peace of mind and in order to make that happen, your will needs to be up to date.
Thanks to Yee Law Group for their insight into estate planning and when you should update your will.
March 13, 2019
Medical Malpractice Attorney Naperville, IL
Medicine is not an exact science. If it were, we’d all be free of illness and healthy. And while the majority of healthcare providers genuinely desire to provide excellent healthcare to their patients, medical mistakes occur, and people are harmed, sometimes fatally, by those mistakes. Medical malpractice laws exist to help injured people and protect patients from being hurt.
Proving Malpractice Can Be Tricky
Physicians and hospitals are likely not going to admit that they committed malpractice. If you would like financial compensation for harm caused by medical malpractice, you will need to prove that you are legally entitled to it. You may need to show two things to have a valid claim for medical malpractice. These include:
- Proving that the doctor or healthcare institution’s care deviated from accepted medical standards or practices.
- Proving that this deviation from accepted medical standards or practices actually caused the harm, injury, or more severe illness.
Ensuring that these conditions are met can be a complex and lengthy process. An essential aspect of this is securing another doctor or medical expert who can provide testimony proving that standard medical practices weren‘t met.
Types of Medical Malpractice Claims
Medical malpractice can occur in many situations and may take a variety of forms. Three of the more common categories of medical malpractice include.
Misdiagnoses or Failure to Diagnose
A failed or delayed diagnosis is the most common type of medical malpractice claim. Doctors are responsible for correctly diagnosing medical conditions, and it is one of the most important things they do. When doctors fail to diagnose a condition, and it leads to incorrect or delayed treatment, significant harm can result.
A primary consideration in misdiagnosis malpractice claims is determining whether or not the doctor’s diagnostic procedures were sufficient based on accepted medical standards. This can come down to proving that another doctor under the same circumstances would have done the additional testing and correctly diagnosed the condition. In some misdiagnosis cases, the correct diagnostic testing may have been performed, but it was not done accurately.
Birth Injuries, Labor, and Delivery Malpractice
Birth-related injuries are typically the direct result of medical malpractice by the doctor or the delivery team. A qualified, experienced doctor and delivery team should be able to handle any complications and deliver a baby without harm. Subpar communication and rushed decision-making can often result in injury.
Hospitals are legally obligated to ensure a certain standard of care for all patients. Consequently, if they fail to deliver a proper level of care and harm comes to the patient, they can be held liable. Hospitals are also responsible for the actions of their employees. If a malpractice injury happens at a hospital, there is a significant chance that the hospital will have some liability.
If you believe you have been injured or sustained harm as a result of medical malpractice, call a medical malpractice attorney Naperville, IL relies on to set up a consultation. Lawyers can review your case and consult with the appropriate medical experts needed to validate your claim.
Contact The Law Offices of Konrad Sherinian, LLC for their insight into medical malpractice and some of the common causes of medical malpractice.
March 13, 2019
Slip and Fall Lawyer
Let’s say you’re late to bring your child to school. You walk them into the front office to explain what happened this morning. Over the night, it snowed so the entrance into the school is especially slippery. No signs have yet been posted. Your child slips and falls on the way in and is crying in pain. After taking them to the doctor, you discover they have broken their arm. If this example scenario sounds in any way familiar, you might be wondering whether there is any legal recourse. After all, not only might you have incurred medical bills, but you may also be unable to work due to having to care for your injured child.
Slip and Falls at School
All states have different premise liability laws, but in general, the owner of a property has a duty to maintain the premises and keep them safe from hazards. Schools are not an exception. A school does have a responsibility to ensure all of the occupants are safe.
Following a slip and fall accident at school or on school grounds you might wonder who can be held responsible. Unlike residential buildings or commercial properties, schools typically do not have an owner. To determine who can be held liable, you will first need to find out whether the school is private or public. Most likely you will know this right away.
Private School Versus Public School Slip and Fall Claims
Private schools have a duty to keep their premises safe. The difference is that unlike a public school, the state will not intervene in the affairs of the facility. If your child slips and falls at a private school, they would almost certainly be responsible for the injuries.
If your child slipped and fell at a public school, this matter may become more complicated. The reason for this is that public schools are owned by the government. In this case, you would likely have to pursue the government for compensation. Unfortunately, this is not always easy because public schools, and government entities as a whole, have special legal protections. For example, there are very strict time limits to file a claim after a public school slip and fall accident. Depending on the state, you may have 30-90 days to file a notice of claim. Due to the strict rules and restrictions, time is of the essence. Even then it may be difficult to win your case. You should consult a slip and fall lawyer immediately.
Proving Your Slip and Fall Claim
Before you can sue the school for a slip and fall, there will need to be some answers to questions such as:
- Did the school create a hazardous condition which was ultimately the cause of the accident?
- Was the school in need of maintenance or repair?
- Should the school have known about the hazardous condition?
- Did the school warn the occupants about the condition?
- Was there enough time to have known about the hazard, and address it?
In addition to the answers, evidence will be a vital element in a school slip and fall case. Photos of the scene, medical records, or witness testimony can be advantageous to prove and win your case.
A Slip and Fall Lawyer is Crucial
Slip and fall accidents at a school can be devastating. Whether you or your child fell at school, it is advisable to meet with a slip and fall lawyer Milwaukee, WI offers.
Thanks to Hickey & Turim, SC for their insight into personal injury cases and what you should know about slip and fall injuries.
March 11, 2019
Wrongful Death Lawyer
Utah now has the lowest legal blood alcohol limit in the United States, with passage of a law that lowered the legal limit of Blood Alcohol Content (BAC) from .08 to .05. Should serious injuries or a fatality occur as a result of a drunk driver, a wrongful death lawyer Gilbert, AZ offers may be able to help the victim’s family.
The National Transportation Safety Board has recommended a 0.05 BAC since 2013, Utah is the first state to adopt this standard. While this controversial law puts Utah at the lowest legal BAC level in the United States, Utah actually has company worldwide. A .05% BAC legal limit is found in most Western European countries.
Lowering the limit has placed opponents in the tourism and hospitality industry against the backers in the health and transportation fields. Proponents state that it will save lives by deterring people from drinking and driving.
Many businesses are concerned about how this will affect them. There was an ad campaign that warned tourists visiting Utah stating “Come for vacation, leave on probation.” Restaurants and hotels are worried that the lower limit will scare people away, they worry that conventions will stop booking in Utah.
The National Highway Traffic Safety Administration states an average 160-pound man would be considered legally drunk under the new law after drinking just two drinks in one hour. The American Beverage Institute says that a 120-pound woman can reach .05 with little more than one drink. The group argues that at that level, a driver is less impaired than a driver talking hands-free on a cell phone.
The American Beverage Institute states that this law targets moderate, responsible, social drinkers and it doesn’t target the high BAC “hardcore drunk drivers” who cause the majority of alcohol-related fatalities.
In Arizona, the legal limit for drunk driving is .08% blood alcohol content (BAC). In the event of serious injuries or death caused by a drunk driver a wrongful death lawyer Gilbert, AZ trusts can advise a victim’s family concerning legal rights and remedies.
In Arizona, the general rule is that a wrongful death claim may be brought by a surviving spouse, child or parent of the decedent, on behalf of the spouse or children, or parents of the decedent. The amount of damages that a surviving spouse, parent or child may recover will vary from case to case.
Under A.R.S. § 12-613 wrongful death damages that are considered include the following:
- The loss of love, affection, and companionship since the death of the decedent and in the future.
- Pain, grief, sorrow and mental suffering experienced since the death, and in the future.
- Lost income as a result of the death.
A wrongful death lawyer Phoenix, AZ trusts should be consulted following injuries or a fatality caused by a negligent or drunk driver, a free consultation should be provided, there should be no fees unless a settlement is obtained.
Thanks to the Law Office of Paul Englander, PLC for their insight into personal injury claims and DUI accidents.
February 12, 2019
Truck Accident Lawyer
Have you recently been injured in a trucking accident? Are your medical conditions life long or even serious? Are you not expected to make a full recovery? Hearing this news can be devastating, especially when the accident that caused your injuries was at the hands of a negligent truck driver. Accessing a truck accident attorneys services can help victims to manage the legal process that lies ahead. In some cases, an attorney may even recommend the services of an expert witness to help strengthen the accident victim’s case.
The Expert Witness
Expert witnesses can be incredibly beneficial for accident victims who have been faced with damages in the wake of a trucking accident. An expert witness can be especially helpful in situations where the defendant’s attorneys are disputing the claim. An expert witness can help to prove that the person responsible breached their duty of care. They will additionally work to outline the extent of a victim’s damages and injuries. With the testimony of an expert witness, accident victims stand to obtain a maximized settlement in their favor.
The Cost of an Expert Witness
Expert witnesses can be critical to proving your case and ultimately, obtaining the settlement you may be entitled to. It’s important to be aware of the cost associated with utilizing their services. Expert witnesses can be expensive. Be sure to speak with your attorney when considering the testimony of an expert witness. You will want to make sure that their services are something that you will be able to afford in the end. In some cases, attorneys may choose to utilize the services of their own physician to attest to injuries. In some cases, this may be an option to not only help support the case but to also cut costs. This is because sometimes, utilizing a “hybrid witness” can be more cost effective and time saving. Hybrid witnesses often do not need to be brought up to speed regarding the case.
Types of Expert Witnesses
In cases involving trucking accidents, chances are the injuries a victim has experienced can be not only damaging but, lifelong. As a result, obtaining an expert witness may work to your ability should you choose to take legal action. A truck accident attorney will be helpful in guiding you through the legal process and whether your case will require expert witnesses testimony to support your claim. Some of the most common types of expert witnesses include:
- Mental Health
Once a truck accident attorney begins working your case, they will begin to piece together their legal strategy for your case. As a result, they may recommend using the testimony of an expert witness to help strengthen a victim’s claim.
Expert witnesses can strengthen truck accident cases by providing factual testimony to the court. Additionally, they have the ability to offer their opinions regarding the case to help the judge or jury to have a clearer picture of the evidence being presented. An expert witness has the ability to help explain and strengthen an accident victim’s case, proving invaluable. Accident victims should work with an experienced truck accident lawyer Rockville, MD turns to for their accident case. With their counsel, they will be able to assist in identifying expert witnesses should their services be needed.
Thank you to our friends and contributors at Cohen & Cohen, P.C. for their insight into trucking accidents and expert witnesses.
February 11, 2019
Patent Attorney Chicago, IL
In an interview with patent education site Patent Pandas, Jie Qi, cofounder of edu-tech electronics biz Chibitronics, told her tale of how after inviting her to meet with company executives allegedly Google tried to patent her ideas for electronic books with embedded circuitry.
In March 2014, Qi says, she was working on her doctorate at MIT’s Media Lab,developing techniques for integrating electronic circuits into paper books. She received an invitation to visit Google’s Advanced Technology and Projects (ATAP) group, which was headed at the time by Regina Dugan. During her job interview with Google she claims, she shared what she had been doing to develop interactive books and storytelling methods.
Google then proceeded to file a US patent application related to her work, a fact she didn’t realize until 2016. That’s when a friend mentioned that some of the individuals who had met her at Google had filed a patent application on interactive pop-up books embedded with circuitry.
“These patents covered many of the same things that [I] had discussed, that I’d showed them, with no mention of my or others’ work in the field,” wrote Qi in her post.”I found out from a friend who followed a pop-up book blog – someone there was excited that Google was researching book technologies and happened to publish a blogpost about it.”
With the support of MIT Media Lab director Joi Ito, Google offered to add Qi as an inventor of the patent. She declined, she says, because others who had worked on the project would not be included. Receiving credit as an inventor is not the same thing as being the patent assignee, the owner. While an inventor may get the credit on the patent, they don’t have the right to use the patented technology themselves.
Dugan left ATAP shortly thereafter and ATAP’s legal counsel ended up sending the US Patent Office the prior art documentation supplied by Qi and her colleagues – the existence of prior art allows a patent examiner to decline to grant a patent because it establishes that the idea being considered for protection is not original. Ultimately,Google ended up abandoning the patent application after the controversy.
But this was not the end of Qi legal saga about the circuit stickers! Qi had decided not to patent her idea because as an educator she wanted to allow the public to innovate based on her idea. This noble idea backfired on Qi when the backer of a crowdfunding campaign, Liteseeds, to develop LED stickers was allowed to file a patent on the idea without the involvement of Qi or her colleagues.In her biography page on the Liteseeds website, she even cites my first advisor Leah Buechley as inspiration without any mention our prior work in paper circuitry.
Sadly this is not an isolated incident leading some to speculate Silicon Valley has sunk to new lows in its race to patent key tech first doing whatever it takes to win. Developers Ryan Spahn recounts a similar experience with Google ATAP (part of its Motorola Acquisition) in 2013.
Spahn says in 2013 he began work on a project called SpeakerBlast, which connects internet devices so they can play audio in sync with one another. After Samsung in March that year said it would build similar capabilities into its S4 device, Google got intouch to discuss implementing the capability in the Moto X phone and a Non Disclosure Agreement (NDA) was signed the following month.
“They asked if we ever thought about selling our technology to them before the meeting and at the meeting they baited us for how our tech worked, saying we’d like to work with you, tell us how it works,” Spahn wrote. “Once we did, they left the room (Dugan’s Second right hand man at the time and another) and three minutes later, [they] showed us the door saying the ‘race is on.'” According to Spahn, Google has since been awarded patents for syncing audio across phones.
Spahn continued. “I felt it was not professional and I met with many other companies like Samsung [that] acted with the utmost respect towards us. Yet, Google, whose motto is ‘Don’t be evil,’ can’t act in the same fashion?”
February 11, 2019
Car Accident Lawyer
Being in a car accident can feel like a jolt of shock to our body and mind, as we are flooded with stress and worry about the severity of our injuries, losses and damages. With so much going on, it can be difficult to remember everything you learned about what to do if a car accident were to occur.
Anyone who has been part of a car collision can turn to an attorney for advice and guidance. In the days and weeks after a car accident, you may have too much on your plate to deal with. It can be tough to juggle insurance, doctor appointments, work, and other life responsibilities all at the same time. They can help ease the burden of what has happened, in addition to protecting you as you try to get back onto your feet.
Try to Remain Calm and Level-Headed
Breathe slowly and deeply, take a moment before you get out of the vehicle, or do whatever else is necessary to lower your heart rate. Being in a state of panic won’t help the situation, and it may even prevent you from handling the scene accordingly.
Check Yourself for Injuries
Don’t forget that an adrenaline rush after the car accident can mask your symptoms. If you think you may be injured but don’t feel aches and pains yet, consider calling for an ambulance so you can receive the treatment you need. Get a follow-up appointment with your doctor as soon as possible in the days after too, to ensure your injuries have not worsened. If you experience any of the symptoms listed below, it may be best to get yourself to the nearest emergency room versus waiting for a regular appointment:
- Severe headaches that have not decreased in intensity
- Abdominal pain
- Passing out, dizziness or disorientation
- Deep purple, green and yellow bruising
- Difficulty breathing
- Nausea and/or vomiting
- Tingling sensations or numbness
Notify Your Agent
If you can, submit a car accident claim to your insurer that same day. An insurance agent can help you work through your options, and give you advice on what steps to take next. After filing a claim with your own insurer, do not provide a statement to any other representatives who may contact you. An attorney can help protect you from being tricked by the other driver’s insurance company or an adjuster, who may call and try to get you to say something that hurts your claim.
Car accidents are not to be taken lightly, and many people do not realize just how important it is to contact a legal professional for insight. Victims of car accidents may find themselves shelling out money for medical bills and vehicle repairs. A car accident attorney Des Moines, IA offers can help you fight for compensation for repayment of these losses.
Thank you to our friends and contributors at Johnston Martineau, LLP for their insight into personal injury claims and how to handle a car accident.
January 25, 2019
Personal Injury Lawyer
As our personal injury lawyer can tell you, there is much confusion surrounding libel, slander, and defamation as well as when it violates someone’s civil rights. At Konrad Sherinian, we have protected the rights of a wide range of people with varying backgrounds and circumstances. One thing that many of our clients have had in common over the years is how they were badly mistreated and subsequently hurt through the actions of other individuals or companies. We are here to protect the rights of victims, and to recover their damages whenever possible.
If you were egregiously hurt by an act of defamation, we invite you to call us. You can speak with a skilled personal injury lawyer at no expense to you in an introductory consultation. We want to hear about what happened to you and determine if we can help you recover your damages.
Defamation (whether it’s libel and/or slander) is a non-bodily form of harm against someone. The resulting damages can be recovered from the perpetrator with the help of a personal injury lawyer. Below is a general explanation of both forms of defamation, but after a complimentary consultation with our personal injury lawyer, you may have a clearer idea of the strength of your case.
What is defamation?
Defamation is the damaging of someone else’s reputation by someone who writes and/or speaks an untrue statement about someone else. A victim can be defamed in the form of libel, slander, or both. Depending on the circumstances, the victim may be able to file a claim or a lawsuit against the perpetrator. A personal injury lawyer, like a personal injury lawyer in Phoenix, can help the victim file a personal injury claim and negotiate a settlement on their behalf. If necessary, they can also represent the victim in a personal injury lawsuit against the person who defamed them. Our personal injury lawyer can help determine if what happened to you goes far beyond the perpetrator’s right to freedom of speech.
What is libel?
Libel is a form of defamation that occurs in written form. For instance, if someone buys a billboard and on that billboard announces that a certain private individual is a thief, the individual may have grounds to file a libel suit against the billboard lessee.
What is slander?
Slander is a form of defamation that occurs in spoken form. For instance, if someone is being interviewed on radio or for a TV program and accuses a private individual of being a thief, the individual may have grounds to file a slander suit against the person being interviewed.
Who cannot seek damages for defamation?
Even if the above criteria is met, certain people cannot attempt to recover their damages. The most common examples are celebrities and major politicians.
Thanks to our friends and contributors from Rispoli Law PLLC for their insight into personal injury practice.
January 14, 2019
Medical Malpractice Attorney Chicago, IL
Would you like to know insider information about your malpractice claim that lawyers usually only tell their friends and family? Read on, we spill some of the helpful tips that can make the difference between a substantial payout and your case being dismissed.
Many law firms already have hired relationships with doctors and nurses to help perform initial reviews of cases. These medical professionals are trained in chart review how to look for signs an error or negligence may have happened directly causal to symptoms you suffer from. You can help this process through doing your own careful documentation in a typed or handwritten log of key events in a timeline of your claim.
Sadly, there is no legal published list stating how many times a doctor has been sued in the past or was a part of a medical malpractice settlement. Only In recent years have doctors received patient ratings that show up during internet searches. At times just one very ill patient or one with unrealistic expectations can skew the results for a given doctor to a low score. Also be aware that these scores are very subjective. Some of the most skilled physicians aren’t necessarily the most personable. Sometimes patients are rating based on bedside manner and not just clinical results.
Next, the geographic location where your claim happened matters. Veterans Administration hospitals is held liable for medical malpractice under the Federal Tort Claims Act. Their rules and procedures will be handled differently from that of an average public or private hospital. Malpractice claims are filed in the county where your event occured. Cook County is known to be the most supportive in Illinois for plaintiffs to file, but the success rate for cases that goto trial is still only around 20%. Don’t be surprised if it is more beneficial for your possible recovery to accept a settlement. But only make this decision after being sure you trust your legal team. Only they know the best legal strategy given all the complex factors that come into play in cases such as these.
In rural counties in Illinois, the success for plaintiffs is very low. This is one reason why when you select where to go for future complex health treatments it is often wise to seek several opinions. Also it is a good idea to consider travelling to a well-regarded teaching or urban hospital. In many cases the doctors there will be more experienced due to a higher volume of cases treated.
You hold responsibility for your own treatment. One example of failing to doso can be if you left the hospital early AMA, Against Medical Advice, what insurance companies call comparative negligence. This means if you found to be 50% responsible, then you may only recover 50% of the associated damages in an injury claim. If found more than 50% at fault, you will get nothing. In the future, bring a witness with you to procedures where you may have poor memory of directives the doctor gave or be coming out of anesthesia.
There are very few firms that have a track-record of winning medical malpractice cases. Hiring inexperienced firms can ruin your chance of winning your case. Make sure you interview a potential medical malpractice attorney Chicago, IL offers at The Law Offices of Konrad Sherinian, LLC carefully.