Why Hire a International Lawyer Dallas with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?
If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a International Lawyer Dallas appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.
When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.
You may have a general practice representative or someone you have dealt with in International Lawyer Dallas law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.
The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.
US Federal Courts - Attorney Admission Requirements
Product liability refers to an area of law that involves an injury as a result of the use of a product. When someone uses any kind of product that turns out to be defective and becomes injured because of it, that person can file a lawsuit against those who made the product.
Those who are liable or responsible for the injury would be the defendants in the lawsuit brought by the injured party. The responsible parties could be the manufacturer of the product and/or the manufacturer of parts that make up the product. Responsible parties could also include the store where the product was purchased or the wholesaler/distributor/supplier of the product. All of these potential responsible parties may be named in a product liability lawsuit.
A very high profile product liability case has been in the news regarding Toyota cars and defective accelerator and brake pedals. In Toyota's case, the cars with the defect were recalled so that no one else could buy them and become injured as a result. This is common with widely distributed products that are found to be defective in some way. According to the U.S. Consumer Product Safety Commission, 200-300 products are recalled every year. The majority of these product recalls are children's toys, clothes, etc.
A product's defect may be a result of the design, the manufacturing, or even the marketing of a product. In the case of a design defect, it exists from the very beginning before the products were made in the factory. Manufacturing defects take place when the products are actually being produced. In that case, only some of the products may contain the defect, while a design defect will affect every one of the products that was released from the factory.
A legal term called "causation" comes into play in product liability cases and can be very complicated. In order for you to obtain a settlement from a product manufacturer for your injuries, you must be able to prove that your injuries were caused by a defect in or of the product. Sometimes, the defect may be only partially responsible for your injuries or may have been an indirect cause of your injuries. If there was more than one cause of your injuries, it must be determined how much the product's defect is responsible. Most importantly, it is your lawyer's responsibility to prove that the product was defective when you purchased it.
Sometimes, a product liability case may involve lots of injured people. These are often called "class action" suits, and the plaintiffs are the many people who have been injured as a result of the defective product. Product liability claims may also include exposure to toxic chemicals or substances, such as asbestos.
Product liability laws are not nationwide but vary from state to state, and these laws can affect your lawsuit. They may restrict the amount of money you can receive in your settlement, as well as the amount of time you have to file a lawsuit after the injury has occurred. This is called the "statute of limitations," so lawsuits should be filed as soon as possible to make sure that you don't wait beyond the time the law allows.
Emotional Pain of Amputees
Peritoneal mesothelioma is a disease that affects the lining of the abdomen, or peritoneum. Like the other types of mesothelioma, it is caused by exposure to asbestos, which has been widely used in many industrial products, such as cement, brake linings, roof shingles, flooring products, textiles, and insulation. The peritoneal form of mesothelioma is a relatively uncommon type of cancer that accounts for less than a quarter of all mesothelioma cases. Like other forms of the disease, it is inconspicuous until decades after asbestos exposure.
Typical symptoms of peritoneal mesothelioma include abdominal pains, weakness, weight loss, loss of appetite, nausea, and abdominal swelling. Because these symptoms are so common, and may be attributed to numerous ailments other than mesothelioma, diagnosis is often delayed until it is too late for treatment to do much more than help the patient feel more comfortable.
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The Employers' Obligations on Workers' Compensation
Such sprains, usually result from poor proprioception (the ability to sense where the joints are), muscle weakness, ligament laxity (some ligaments don't provide sufficient support) and inadequate rehabilitation from an old injury...
Ankle stiffness usually sets in after such an injury. So it's better to do exercises that test your range of motion before launching into these exercises.
One foot balance
How to do it:
Stand on the injured foot and hold your balance for two to five minutes or as long as possible. Once that becomes easy, try it while standing on an unstable surface like a pillow.Do this three to five times a week.
Also, do no harm:
o Heat- do not apply heat to an acute injury. This will worsen the swelling.
o Alcohol- avoid it. It also worsens swelling.
o Running- vigorous exercise after an injury will aggravate the problem.
o Massage- deep massage can also aggravate an injury, particularly if there is a bruise.
Life After Amputation
I went through a couple of web sites and researched data that was on the Internet regarding ride accidents. I was curious as to the amount of ride accidents and the severity of them. I have been a carnival game operator for 19 years and I hardly see or here of any accidents.
My research was based on the year 2007 only. I looked in only two major web sites and they showed several accidents. These two sites were somewhat duplicates and the one site, amusementsafety.org, had all the accidents on rides that the other did for my area of research. I did leave out all accidents that occurred everywhere except the continental United States. That means I excluded all other countries plus Alaska and Hawaii. The reason for that was that I have never traveled with the carnivals any where but the continental United States and Puerto Rico. Puerto Rico did not have any accidents listed on these web sites.
I found 33 separate accidents listed. 17 happened on carnival lots and 16 happened at other venues such as amusement park, zoo, indoor playground, and other permanent stationary facilities. I feel that there were many more accidents that were not reported but do not know. Some accidents are so minor and if the person does not go to the authorities it will go unreported. When you factor in how many times people get on rides, 33 seems like an extremely small amount of accidents.
I do not ever work for stationary amusement companies and do not know what their policies are. I do know that several carnivals have something, in reference to safety, on all their ride help uniforms. It becomes sort of a subliminal message. I remember on Wade Shows continually picking on ride help about their Safety First that was printed on their shirts backs. If I seen them so much as drop a hot dog I would repeat the saying, safety first. No matter how it worked, it is a steady reminder to the ride help. And the bottom line is there should not be any accidents.
Maryland Custom Home Contract RequirementsQUICK LESSON IN BREACH OF CONTRACTThis quick summary is being sent as a memorandum to help other attorneys in understanding what a breach of contract is. Please continue to contact us with your questions or issues. This analysis is what we use in our offices when we approach any breach of contract case. The elements for breach of contract are strictly construed. It is imperative that you do not skirt around the elements when analyzing your client's case.ELEMENTS OF A BREACH OF CONTRACT1) INITIAL INFORMATIONIn a breach of contract action, the plaintiff must plead the existence of a contract and its terms that establish the obligation at issue. The complaint must indicate on its face whether the contract is written, oral, or implied by conduct. If the action is based on an alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint, or a copy of the written contract must be attached to the complaint and incorporated by reference. 2) PLAINTIFF'S PERFORMANCE OR EXCUSE FOR NON-PERFORMANCEThe plaintiff must prove that he has fulfilled his obligations and complied with any and all conditions and agreements of the contract that he is required to perform. If plaintiff was unable to perform because defendant prevented him from doing so, plaintiff must allege such excuse for non-performance in the complaint.3) DEFENDANT'S BREACHA breach is defined as defendant's unjustified or unexcused failure to perform. BAJI 10.85(3). The plaintiff must plead the facts constituting the breach in unequivocal language.4) RESULTING DAMAGEAny breach, total or partial, which causes a measurable injury, gives the injured party a right to compensatory damages.SO WHAT HAPPENS WHEN YOU CAN PROVE THE ABOVE ELEMENT AND IT CAN BE CONCLUDED THAT THERE IS A BREACH OF CONTRACT?Answer:Generally, Compensatory Damages - the measure of damages for breach of contract is the amount which will compensate plaintiff for all detriment proximately caused by the breach or which, in the ordinary course of things, would be likely to result from the breach.Other factors that need to be considered are:o Certainty - damages must be clearly ascertainable in both nature and origin; but the fact that amount of damage is not susceptible of exact proof or is uncertain, contingent, or difficult to ascertain does not in and of itself bar recovery.o Restoration - damages for breach of contract ordinarily include all amounts necessary to place plaintiff in same position as if breach had not occurred.o Lost Profits - Note future profits can be recovered to extent they can be estimated with reasonable certainty; lost profits are recoverable to extent they are natural and the direct consequence of the breach. o Rescission and Restitution - rescission and restitution are alternative remedies in action for damages where there has been repudiation or material breach of a contract, transfer of unique goods is involved, other remedies are inadequate, subject of contract still exists and interests of innocent purchasers for value and defendant's creditors will not be unjustly affected.o Specific Performance - Note: specific performance is granted only when money damages are inadequate.o Real Property - specific performance is given in land sale contracts on the assumption that every piece of property is unique and money damages are therefore inadequate.o Injunction (Very Limited Availability) - injunctive relief is largely within discretion of the trial court, considering inadequacy of damages to plaintiff, as well as harm to defendant.**************************Paul P. Cheng, Esq.
Employment Law - Error in Law By Tribunal - Number of Hours Worked
When you first sprain an ankle, the injury will swell a lot. It will also bruise within the first few hours and most likely become very stiff and immobile. Depending on how bad you sprain it, you may not be able to put any pressure on it at all, or you may be able to walk with a limp. Either way, you will need to something to improve your chance for a quick and full recovery. If you do nothing, your sprained ankle could take months to heal and you may continue to have pain for a very long time.
So, what should you do first? Well, there are two sprained ankle treatment options available to you. The first is called R.I.C.E. It suggests you should rest and ice your ankle, keep some compression like a wrap on it and keep it elevated. It suggests you should continue to do this until you are healed. The second option is known as H.E.M. This ankle treatment suggests you should ice your ankle for the first 2 days, but also use more active rehab techniques including some very specific exercises, stretches and a few other healing methods. In short, one is non-active and the other is active. Which one works better? Let's take a closer look...
According to H.E.M., you should ice the ankle just as in R.I.C.E., but with one big difference. H.E.M. suggests you only ice the ankle for the first 36-48 hours. (R.I.C.E. suggests you ice the ankle indefinitely until healed or until the swelling is gone, which can take weeks or months). What is the ice for anyway? Ice is used to help contain and reduce swelling. So, which way is better?
Well, a good indicator is which treatment heals ankles faster? According to people who have used HEM, they are walking normally again and without pain in about a week or less. And according to people who use RICE, the average healing time is about 4-8 weeks. This would suggest that the body does react much better to the active rehab treatment versus the non-active one.
But, what we feel is even more significant is the following: the number of future sprained ankles fell sharply with the people who used HEM versus the people who use RICE. In other words, by strengthening the ankles and improving range of motion with HEM, people's ankles were at a far lower risk of future ankle injury. We feel this is even more important than healing time, because it suggests that without a good, rehab program, the ankle is still at great risk of continually being injured and getting weaker and weaker over time.
So, in our opinion, HEM is a better and much more comprehensive treatment option than RICE. It seems to achieve better and longer lasting healing benefits than rest and ice alone.
A Brief Look at Personal Injuries in the US
Every construction contractor and subcontractor has heard the term flow-down. A few probably feel they were washed away by flow-down. I don't think that's necessary and will suggest a better way.
Flow-down is what general contractors do in subcontracts. They incorporate into a subcontract all the terms of the prime contract - usually by stapling the prime contract to the subcontract. That saves a lot of typing. It also offers a (false) sense of security to general contractors. In theory, flow-down obligates the sub to do everything for the sub's portion of the work that the general contractor has to do under the contract.
So if the owner has a legitimate complaint about a sub's work, and if the prime contractor is obligated to make repairs, the sub has the same obligation. That's perfect symmetry and should protect general contractors. Flow-down is great for general contractors. Right?
But read the subcontract carefully before getting a signature. Add anything that applies to subcontracts only (i.e. payment terms, release of retainage) and eliminate anything that doesn't apply (i.e. notices and disclosures). Then make the changes required by state law. Many states have special rules for subcontracts.
If you want to see how this is done, there's a website with sample prime contracts and cloned flow-down subcontracts for both commercial and residential jobs. It's free.
If you write both prime contracts and subcontracts, you can makes flow-down easy. When the prime contract is done and signed, just turn that prime contract into a perfectly valid subcontract covering all the same issues - automatically deleting what doesn't apply, adding what's unique to subcontracts and accounting for any special state requirements.