As temperatures climb and the mountains of snow begin to melt in Michigan , motorists can expect to see more bicyclists. Biking is healthy, green, and cost-effective, and for many it is both a hobby and a major method of point-A-to-point-B transportation
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Spring Thaw On The Way, So Are The Cyclists
The South Carolina Supreme Court recently ruled that Myrtle Beach’s motorcycle helmet law is invalid. The Court found that the Helmet Ordinance is preempted by State law and that the city impliedly repealed the law itself when it repealed its own administrative court ordinance. The state law provides that riders younger than 21 must wear helmets but does not a similar requirement for older riders
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S.C. Supreme Court Invalidates Myrtle Beach Helmet Ordinance
A simple and common accident such as tripping or slipping on an unseen obstruction while walking does not always have such simple and common consequences. A fall can lead to injury, and an injury can affect a person’s normal way of life. No one wants to lose their job or pay hefty medical bills because they lost their footing on uneven pavement.
But if this series of unlucky events happens to you, you should not think that you are helpless – Especially if your accident occurs in a public place, private company, or an area maintained by a governing body. Those who run these places – from restaurants to offices to your neighborhood’s sidewalks are responsible for keeping a sound and safe environment that will prevent its patrons and citizens from encountering accidents. When a wet spot on the floor does not have a warning sign on it, or employee equipment is left in the middle of a public pathway, whoever is in charge is neglecting your safety. And if these same hazards result in you falling, these same individuals are at fault and must be willing to compensate for any financial woes the fall may cause.
Know your rights. If you do experience a fall in a public place, you may not know what kind of consequences it might incur until after you’ve left the scene of the accident. So, even if you aren’t aware of any immediate consequences, gather information in case you do find yourself in a compromising situation. Take photographs of the obstruction that led to your fall and where you fell. Take down information from people around you who witnessed the fall –they can be used later as witnesses to corroborate your story. Evidence can make or break a compensation payout case, so it’s important to gather as much of it as you can to make sure you get what you deserve.
If you do find that your fall does result in medical services or loss of work hours, most companies that help you seek compensation offer free consultation services by phone before any action is taken, helping you make sure if you really do have a legitimate case. Understand that personal injury specialists are there to help you.
Many people who experience slip, trip and fall accidents for some reason are too embarrassed to pursue compensation from those who let the accident happen. Don’t allow yourself to be intimidated. By pursuing such a case you bring the problem to the public’s attention, potentially preventing others from suffering the same fall you suffered. If you allow yourself to be intimidated, you are allowing yourself to be taken advantage of.
Police and transportation officials today are braced for acts of civil disobedience, as protesters attempt to disrupt traffic and transit hubs following last month’s acquittal of three police detectives in the Sean Bell shooting.
“We will be in very close contact with the New York Police Department and their command center to reroute buses and redirect people as necessary,” said Jeremy Soffin, spokesman for Metropolitan Transportation Authority.
Police are prepared to face several thousand protesters but don’t expect any violence, a police source said.
Mayor Michael Bloomberg said he has been in extensive contact with protesters.
“I think it’s another example of people being able to protest in New York City, but rest assured that we will enforce the law and we will do everything we can to make sure we don’t violate anybody’s rights,” he said yesterday.
Queens State Supreme Court Judge Arthur Cooperman on April 25 acquitted the detectives in the shooting of Bell and his two friends Joseph Guzman and Trent Benefield outside a Jamaica strip club Nov. 25, 2006.
After detectives Michael Oliver, Gescard Isnora and Marc Cooper were cleared, the Rev. Al Sharpton vowed to continue protests to push for a civil rights prosecution.
In an interview yesterday, Sharpton said that, besides a federal review and possible civil rights prosecution, he wants a state law enacted allowing a special prosecutor to investigate police shootings.
“The city hasn’t shown … the ability to reform itself,” he said. “We need federal intervention.”
Today, protesters will gather at six transit choke points for a “pray-in” before dispersing for marches that will most likely snarl traffic.
Yesterday, New York police commanders reviewed plans to deal with the meeting spots – 125th Street and Third Avenue; Park Avenue and 34th Street; 60th Street and Third Avenue; Varick and Houston streets; and at House of the Lord Pentecostal Church, 415 Atlantic Ave., Brooklyn. The sixth location is Police Headquarters at One Police Plaza, where protesters will be guided to a penned-off area and Sharpton will be joined by Bell’s fiancee Nicole Paultre Bell, Guzman and Benefield.
Dozens of police officers, including some on horseback, will be nearby.
Rachel Noerdlinger, Sharpton’s spokeswoman, said the actions were part of a lead-up to a citywide “shutdown” at a future date. “We plan to do this throughout the spring,” she said.
Newsday writer Rocco Parascandola contributed to this story.
Personal injuries are serious issues that include permanent disability and sometimes even death. Victims need to pursue a lawsuit to obtain financial damages to pay for their medical bills, lost income, and to compensate for pain and suffering. In order to ensure that victims receive the damages they deserve, it is imperative that they find a qualified and experienced personal injury lawyer. If you or someone you know has been hurt, it’s imperative that you know how to choose the right lawyer.
There are four main aspects that you should look for when choosing a personal injury lawyer. The attorney should specialize in personal injury, have experience dealing with insurance companies, have trial experience, and respect you as a client.
1. Specializing in personal injury : No matter what you are hiring a professional for, you always want to be sure that you hire someone with knowledge of your situation. For example, if you had heart disease, you would go to a cardiologist not a dentist. The same is true when hiring an attorney. The attorney that you hire should have extensive experience with personal injury. You want to hire a lawyer that can confidently assess the case, including the approximate damages.
2. Experience with insurance companies : Personal injury defendants are almost always represented by insurance company lawyers. These lawyers are looking to settle the case with the insurance company having to pay as little as possible. If your attorney has not had many previous personal injury cases, they may not be able to negotiate with the insurance companies as well as an experienced attorney. Therefore, when you are choosing a personal injury lawyer it is smart to ask for a list of successful negotiations before you make any final decisions.
3. Trial experience : Most personal injury cases are settled out of court. However, sometimes it is necessary for an attorney to take the case to trial in order to receive fair payment. When the question of a trial is raised, defendants are usually willing to pay more money in order to avoid the risk of a jury raising the settlement even more. This is where experience comes in handy. If your attorney has a record of winning at trial, the defendant will be more likely to do what your attorney asks in order to avoid going to court.
4. Respect : Hiring an attorney is hiring someone to do you a service and you should be happy with that service. It is important that your lawyer returns your calls quickly, communicates with you often, and keeps you updated on the status of your case. Your attorney should also explain their contract and fees right away and should make sure that you understand it. After all, it is your attorney and it is your case. You should be happy with it.
If you have been personally injured, find a lawyer right away so you can receive the financial compensation that you are entitled to. Personal injury is a serious matter and you should be taken care of financially, physically and emotionally.
What is toxic mold?
While mold is very common and can be just about everywhere, there are two types of indoor molds- Stachybotrys chartarum and Memnoniella echinata, which are toxic and hazardous to human health. Stachybotrys chartarum, also known as black mold, is connected with toxic mold syndrome. It is greenish-black in color and contains poisons in its spores that can affect peoples’ health. It grows in damp places and on materials with high cellulose and low nitrogen levels, such as wood, carpet, wallpaper, or cardboard. Memnoniella echinata is very similar to Stachybotrys chartarum. The only obvious difference between the two is that Memnoniella echinata produces spores in chains while Stachybotrys chartarum produces its spores in a mass.
How hazardous are toxic molds and what are the risks of being exposed to them?
Toxic molds have been causing serious health conditions in humans for hundreds of years. In the last ten years, there have been many reports of toxic molds causing serious and even fatal consequences for infants and sensitized individuals. The majority of molds growing in homes do not pose any serious health risks. However, toxic molds can cause health problems- Common symptoms include memory loss, allergies, and breathing difficulties. People with existing respiratory illness, asthma, and infants should be especially careful because of the fever and infections that can be suffered within their lungs due to exposure. Other common symptoms include headaches, eye or nose irritation, and a dry cough. Longer exposure to this toxicity, usually among workers who are exposed to the mold in their work place, can cause more serious health risks such as respiratory problems, lung disease, and brain damage.
How does it grow?
These dangerous types of mold can exist in damp environments in our home or workplace without us ever knowing it. They can either naturally occur or it can enter the house through windows, heating, and cooling systems. The spores will settle on moist areas and use building materials such as wallpaper, fiberboard, and dry wall to gain nutrients in order to grow and reproduce. They require cellulose materials and constant moisture in order to continue to develop.
What should I do if it is growing in my house?
First, it is important to contact your homeowner’s insurance company or your landlord’s insurance company. The insurance company will send an inspector to determine the severity of the mold, what type of mold it is, and where it’s coming from. If the area where it is growing is small, you can try and kill it with bleach and water. If there is a large amount growing, you may need to hire a professional company that specializes in removing it. Getting rid of a large area of mold may require ripping out walls and floors. You will also need to repair the source of water damage that made the mold growth possible to begin with.
Should I leave my home or office because of toxic mold?
If people in the home or office are sick, you should leave until it is completely removed. Also the process of removing it may make the home temporarily inhabitable. You can develop life threatening diseases by continuing to work in a building where you may be sensitive to chemical substances, toxic mold, fungi, and other airborne pathogens. Depending upon your individual reaction to the workplace conditions, it may be necessary to leave and find a new job, go on Workman’s Compensation or Disability if it has made you ill, or try to get others in the workplace to have the building checked and made to comply with EPA standards of clean air.
Can a lawyer help me?
Yes, you will need to find a personal injury lawyer. Most of the cases regarding toxic mold are based on insurance companies that do not want to pay for the expenses related to having it removed. A lawyer can help you get the money that the insurance company owes to you. If people have become sick due to toxic mold, a lawyer may be able to build a case against the building owner or manager who failed to maintain the building. If you have had any of these experiences, be sure to contact a lawyer. They may be able to help you!
Are you a victim of personal injury? If so, you may be able to fight for damages in a civil suit. Personal injury damages are the monies awarded to the victims of personal injury, who have been wrongfully injured by someone else. The intention of damages is to help restore the physical, emotional, mental, and financial assets that the victim lost as a result of the injury. There are two main types of damages in personal injury suits- compensatory damages and punitive damages. What are the differences between the two?
Compensatory damages are awarded in order to make the victim “whole” again, meaning the monies awarded to the victim are meant to compensate for the loss, injury, or harm suffered as a result of the defendant’s actions. Compensatory damages cover all financial expenses and other aspects associated with the personal injury. For example, if a negligent driver destroys your 1994 Ford and injures your back, you will be awarded monies in the amount of the value of the 1994 Ford and the amount of the medical bills for your back. Compensatory damages include but are not limited to: loss of wages, pain and suffering, emotional stress, mental harm, permanent disability, medical bills, and replacement or repair of property.
Punitive damages, also known as exemplary damages, are usually awarded to the victim in addition to compensatory damages- when compensatory damages are considered to be inadequate. Sometimes punitive damages are awarded to prevent under-compensation, but the monies awarded usually reimburse the victim in excess of their injuries. Punitive damages are not meant to compensate the victim, but to punish the defendant or deter others from engaging in a similar action as the defendant. Punitive damages are usually only awarded when the defendant’s actions are found to be intentional, willful, or malicious.
Personal injury damages are awarded depending upon the specific case, and the total amount of damages is decided by a jury. If the judge feels the amount awarded by the jury is excessive, he/she can order the punitive damages to be reduced without a new trial or an appeal. If the judge feels that the damages awarded are inadequate, he/she can order the punitive damages to be increased without a new trial or an appeal.
Construction workers are exposed to a variety of hazardous situations and circumstances on a daily basis- giving construction workers a greater risk of injury on the job than any other employee in any other industry in the United States! Because of this, New York State developed a separate set of laws for construction sites and related injuries.
What Are Some Types Of Construction Site Injuries?
There is a seemingly endless list of things that can go wrong on a construction site because by nature, they are a dangerous place to be. Here are a few common injuries:
• Falls
• Scaffolding accidents
• Injuries because of defective machines/equipment
• Electrocution
• Fires and explosions
• Severe cuts
• Welding accidents
This is just a small sampling of the many things that can go wrong on a job site.
So What Happens If I Do Get Injured?
The first thing you need to do is document what happened and the conditions that caused it. In this sense, a construction site injury is much like any other. The better you keep track of the events and how they occurred, the better chance you have of being compensated for your injury. A few things you should take note of are:
• Where the accident occurred
• What was the weather like?
• Were you using any kind of equipment that caused the injury?
• Who was nearby?
• What did they do? What did you do?
• Was there an equipment malfunction?
Write down every aspect of the event. Your Accident Lawyer will need all that information. It will help them build you a stronger case!
The next thing to do is to get a good lawyer. In these cases, you want someone who has experience with accident law, seek a firm who specializes in it and you’ll get better results. Not seeking an experienced lawyer is a serious mistake. You’ve been injured, it’s not your fault, and you need to be compensated. It’s that simple.
Construction site injury lawsuits are not cut and dry- there are a number of people who can be held accountable for your injury. Most people feel that because of worker’s compensation laws you are unable to file a lawsuit. This is partially true. Typically these laws prohibit you from suing your employer, but don’t forget they are not the only ones at fault. Third-party contractors, property owners, and equipment manufacturers can all be held accountable for the injuries you have endured. Workers compensation laws do not prohibit you from recovering losses from these parties.
So How Do I Know Who Is At Fault?
New York State is very protective of construction workers, so in this case, the law is definitely on your side. It is the responsibility of the property owner and general contractor to keep the site safe and to ensure safety for all its workers. In some cases, even the subcontractors are held responsible. If an unsafe environment caused your injury, those are the first people to look at. They can also be held accountable if they provided you with defective or unsafe equipment to work with. In the event you were injured by a malfunctioning tool or piece of equipment, the product manufacturer can also be held responsible.
What to Seek In a Lawyer Specifically
Again, the very best thing is to find a law firm who specializes in personal injuries and who has experience with construction site lawsuits. You will need someone who is familiar with the separate set of laws in place strictly for construction site injuries.
Other Things You Should Know:
• The only way to know if you have a case is to seek advice from a knowledgeable attorney with experience. Don’t just assume you don’t have a case, talk to a lawyer first.
• You can’t know exactly what your case is worth until you talk to a lawyer, however the law allows you to recover your full loses, including lost wages, medical expenses, and pain and suffering.
• Every case is different when it comes to how much time you have to file your claim. This time frame is called the Statute Of Limitations. The sooner you file your claim the better. Don’t delay.
Law firms like Goidel & Siegel (www.goidelandsiegel.com) only practice accident law and are extremely aware of the laws surrounding construction site lawsuits, making them a perfect law firm for any kind of accident lawsuit. Our record speaks for itself- Since the founding of our firm in 1990, we have recovered tens of millions of dollars in jury awards or settlements for our clients.