Independent Car Insurance Company Responsibility

»Posted by on May 18, 2016 in Insurance | 0 comments

The kind of driving history you have will affect greatly your compliance with the Financial Responsibility law, the law that requires you to prove your capability to pay for damages due to accidents wherein you are at fault. Proving this capability may be done by showing that you are covered, that is, you have auto liability insurance, or by meeting any state-approved alternative to the mandated auto insurance coverage. While a clean driving record may save you from paying too costly car insurance premiums, a record that is marred with traffic violations, such as a DUI and/or, reckless driving, or worse, an accident wherein you are at fault, can very likely result to more expensive policies because insurance providers will see and tag you as a “high-risk” driver.

Getting identified as a “high-risk” driver, however, is not only based on past traffic violations. A car insurance provider can also identify you as such if you are below 25 years old (more so if you are below 20 since records from the National Highway Traffic Safety Association consistently show that teenagers are the ones most prone to accidents), driving a high-powered sports car or any type of car that is more prone to accidents, have high annual mileage, or have been required by the court to file an SR-22.

Except in the state of New Hampshire, where drivers are not mandated to carry car insurance coverage, or in Virginia, where drivers can have their vehicle registered as uninsured by paying the required uninsured motor vehicle fee to the state’s Department of Motor Vehicles (DMV), all other 48 states require drivers to carry auto liability insurance. Possible consequences of non-compliance with this requirement are suspension of your driving privileges, fines, higher cost of insurance premiums and a court order that will require you to file an SR-22. If you do cause an accident, then you may also face a civil lawsuit wherein you would be legally required to compensate your victim for all the economic and non-economic damages he or she will suffer from.

To help you and all other drivers and car owners find the best and cheapest car insurance coverage that will include all your insurance needs are independent car insurance companies which offer free online quotes from different providers. According to the website of Hankey Law Office, P.C., some will provide as many as a dozen quotes to help compare actual prices of policies and the types of coverages included in each policy. Besides car insurance, you can also ask for SR-22 quotes plus require them to make the filing and purchase on your behalf.

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The Aftermath of Dog Attacks

»Posted by on Dec 4, 2015 in Personal Injury | 0 comments

As said on the website of Habush Habush & Rottier SC, dog-bite cases are increasing in the United States. Every year, a large number of people are sent to the ER with severe injuries after being attacked by a stranger’s canine. A number of these individuals are left with awful injuries that could possess a life-long impact on their quality of life, and way too many sufferers are kids.

Monetary Approximations for Dog Bite

The monetary expense of dog bites in America is tremendous. Nevertheless, that might not even be close to the real medical costs for insurance agencies, because according to the American Medical Association, State Farm paid compensation on 11,000 dog bite cases for an overall total of 2 million in 1995. In line with the Centers for Disease Control and Prevention, dog bites account for about 164.9 million in direct medical costs every year. Commonly the dog-bite settlement is paid for from the dog owner’s homeowner’s insurance. Cost may be considerably lower the less serious the injury is. For personal victims of dog attacks, the average complete cost in doctor’s bills is around $26,166.

For victims of dog attacks, the toll could be more than monetary. When they suffer severe dog bites a lot of people must undergo rehabilitation and surgery. The mental cost of these trying encounters is often the hardest aspect of a dog-bite injury, and victims ought to have the right to compensation not just for their medical bills, but also for the additional pain and suffering due to their injuries.

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What’s So Different about SR22 Insurance?

»Posted by on Aug 18, 2015 in Insurance | 0 comments

Say that you’ve gotten yourself into a car wreck and now need SR22 insurance. Perhaps you’re thinking – I’m already insured, I don’t need another insurance plan! Or maybe you’re thinking that other people don’t have it then it isn’t all that necessary, is it?

Here’s some more information about the subject.

SR22 insurance, in the strictest definitions of the term, isn’t actually a kind of insurance anyway. It is more of a certification that the vehicle and driver in question is insured. It is a legal requirement, after all, for a car to be insured lest there be consequences if you so happen to find yourself in the wrong side of those laws. If you’ve never heard of it then odds are in your favor – that means you’ve never had to have it. However, there are many ways in which a person might be required to get SR22 insurance.

If you have been charged or were involved with driving under the influence of alcohol, then in all likelihood – SR22 insurance will be necessary. Sometimes, all it takes are a few infractions and violations that have built up and then you be required to get the SR22 insurance anyway.

This kind of insurance ensures that you are covered and is, essentially, something that tells the board that you will strive to obey traffic rules and regulations. The time period that this kind of documentation is necessary can go anywhere from around 2-5 years, depending on the offense that occurred and the insurance plan that you have covering you. Any such kind of infraction that occurs while your license is already attached to SR22 insurance could mean further disciplinary actions.

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When is a Landlord Responsible for Maintenance?

»Posted by on Apr 14, 2015 in Personal Injury | 0 comments

Although there are certain exceptions, the safety and maintenance of a property is shouldered by the landlord or property owner. They have the responsibility to adhere to rules and regulations put on building codes, city or state ordinances and statutes. If you ask a Tennessee personal injury lawyer, you will likely hear that generally, the landowner has the power and authority over their property, and thus can be held liable to any damages or injuries that may occur within their property.

There are certain states or cities that do not have definitive laws regarding mold infestation, but this does not necessarily rule out their responsibility of repairing and maintaining the safety of the property. All the states in the US (except Arkansas) require landlords to be responsible in keeping up a fit and livable housing and fixing any issues on their rental property. These responsibilities include (but are not limited to) repairing broken or leaking pipes, roofs, windows, known causes of molds. If you can prove in court and to the judge (or jury) that the mold infestation was significant enough to have caused health problems, you may be able to hold the property owner or landlord liable, especially if he did not take any action to fix the leaks which lead to the growth of the molds.

One of the ways that the landlord is free from any responsibility is when the mold growth results from your own behavior – if you failed in keeping your own apartment or area clean and created an environment conducive for the growth and spread of molds, then the landlord will not be held liable. A personal injury claim will only be accepted if the injury or damage was a direct cause of another person’s negligence or carelessness.

When trying to rent a property, make sure that clauses in the agreement will not remove their liability from mold infestations. In fact, one court in Tennessee has already banned this type of clause, stating that doing so would be a violation of public policy. The only way to avoid any damages and injury claims on bases of mold infestation is by having shared responsibility with your landlord: he or she has to ensure that the property is properly maintained, and you have to make sure you prevent any factor that can contribute to mold growth as well as to report any infestation or property issues in order for the landlord to take action.

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What is Zofran?

»Posted by on Feb 20, 2015 in Personal Injury | 0 comments

Zofran (ondansetron) is a powerful anti-emetic drug developed and manufactured by British company GlaxoSmithKline. The Food and Drug Administration (FDA) approved it in 1992 for the prevention of nausea and vomiting associated with cytotoxic treatment protocols such as radiation therapy and chemotherapy, as well as that associated after surgery.

It is important to control severe nausea and vomiting in patients because it can lead to dangerous levels of dehydration and electrolyte imbalance. There are some conditions where Zofran, which is a very powerful drug, is the only solution.

However, according to the website of Williams Kherkher, there are instances that Zofran can do more harm than good. Popular off-label uses for Zofran is for nausea and vomiting of pregnancy (NVP) and hyperemesis gravidarum, cyclic vomiting syndrome, and gastroenteritis. These are considered “off-label” because the FDA has not approved it for those conditions. In most cases, there are no unexpected and serious side effects, so everybody is happy. That is not true in pregnant women.

There is good reason to believe that Zofran can increase the risk of adverse fetal outcomes when prescribed to women during their first trimester. Earlier studies did not indicate this, but further research brings its safety into question.

The studies are far from conclusive, and in some cases flatly contradict each in the most ironic ways, but the fact remains that the risks are just not known. Considering the extent of harm that can be done to the developing fetus, it is recommended that pregnant women use alternative drugs to Zofran that have been proven safe for pregnant women. It is better to err on the side of caution when protecting the children from harm.

If you have first-hand knowledge about the dangers of Zofran, consider filing a lawsuit against the manufacturer. Consult with a personal injury lawyer specializing in Zofran in your area and discuss your case. This will help you clarify your legal options.

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Reasons Why Alimony Needs to be Paid

»Posted by on Jan 7, 2015 in Alimony | 0 comments

Often, divorce does not sever the responsibility of one spouse over the other for there is what is termed as alimony or spousal support, wherein one spouse will need to provide financial support to the other to ascertain that the dependent spouse will not live a financially-burdensome life. This is the primary purpose of alimony which state courts always see to. According to some Raleigh divorce lawyers, courts observe the policy of making sure that the spouses and the children are able to continue to enjoy the standard of living that they enjoyed before the divorce. Thus, if one spouse gave up all chances for professional and economic growth for the sake of his/her partner and their family, then the more financially able spouse will be required by the court to provide him/her with financial support upon divorce.

Women, traditionally, were the recipients of alimony since it was them who were often required (by societal standards) to cease work and care of the home after marriage. Providing for her and for the rest of the family was, of course, the duty of the father of the house.

Life’s circumstances, however, have greatly changed. Today, more men than women are without work, making them contribute more time to child-care and in the performance of house chores, while more and more workplaces are being populated by single women and mothers.

The earning capacity of both men and women has changed too with women now able to earn even much more than their partner in life. Due to these significant changes in economic situation and opportunities, the recipient of alimony can now also be a former husband.

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
  • Duration of the marriage

There are different types of alimony or forms of payment recognized in the United States:

  • Temporary Alimony: Also known as alimony pendente lite, this type of alimony is awarded to one spouses if, even while the divorce case is still pending, the spouses are already living separately from one another
  • Rehabilitative: this type of alimony serves as a re-education or re-training support that will help one spouse find a good-paying job and, so, become self-sufficient
  • Permanent: this court-ordered regular payment (usually monthly) is to enable the recipient spouse to continue to enjoy the standard of living that he/she enjoyed before the divorce. This end, however, when the recipient spouse remarries or dies, or if the court modifies its order
  • Lump Sum: if the spouse supposed to provide spousal support has been deemed as totally irresponsible in ensuring the monthly payment to his/her former partner, then the court may order this single lump sum alimony payment instead

Failure to pay spousal support can merit the contempt of court. The punishment accompanying this failure can include fines, imprisonment, wage garnishment, liens on property and seizure of earnings, such as earnings from tax refund.


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What is the Chicago SR-22 Coverage?

»Posted by on Oct 10, 2014 in Insurance | 0 comments

There are many situations that require Chicago SR-22 coverage, mainly to reinstate a revoked or suspended license. SR-22 is a certificate of financial responsibility typically issued to guarantee that a high-risk driver has the necessary insurance coverage to drive a vehicle. Some of the situations which may require SR-22 to reinstate a license may seem a little off at first because they don’t seem to have anything to do with driving i.e. failure to pay child support.

But if one understands that driving is a privilege rather than a right, then suspension or revocation of the license is in the nature of a punitive act, and is not a reflection of the driver’s ability to drive or safety record. Below are some of the situations that may result in loss of driving privileges which may fall under SR-22 coverage in Chicago as well as other parts of Illinois. The list is not complete but they are considered the most common.

  • Too many points on the driving record – In Chicago, each moving violation counts as a point against the driver in the record. More than three points (in one year) and you’re out.
  • Driving under the influence (DUI) – with this, the license is automatically suspended and how long it will remain so will depend on how often you’ve been caught DUI.
  • Driving without a valid license – if you are not licensed, forgot it at home, or it has been suspended and you’re caught driving, this may not only lead to (extended) suspension of your driving privileges, you can actually go to jail.
  • Driving without minimum car insurance coverage
  • Abandonment of your car in a public highway
  • At-fault fatal vehicular accident
  • Reckless driving
  • Found not physically and/or psychologically fit to drive safely i.e. very poor eyesight even with corrective lenses
  • More than 10 unpaid parking tickets, 5 automated traffic violations, or 5 toll way violations
  • Failure to appear in court
  • Failure to pay child support based on the Illinois Family Financial Responsibility Act, also informally known as the Deadbeats Don’t Drive Act

Habush Habush & Rottier S.C.® warns that losing your driving privileges can be crippling, so finding a reliable SR-22 provider can be a boon to those facing these challenges.

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The Social Security Disability Claim Appeal Process in Indiana

»Posted by on Feb 11, 2014 in Appeals Law | 0 comments

Denied Social Security Disability claims happen more often than most people think or want to believe. This is not because the Social Security Administration (SSA) does not want to provide assistance for legitimate claims; it is a defense mechanism against fraud. Unless an application if perfectly complete and error-free, the chances that it will be denied at the first attempt are quite high.

In Indiana, the initial claim is filed and coursed through the state’s Disability Determination Service Bureau (DDS). When a claim is denied, there are four steps that the claimant can take to appeal the DDS’s decision.

The first step in the appeal process is reconsideration, where the claimant formally requests the DDS to have a claims examiner review the case. Again, these requests have a low probability of achieving the desired result. If the reconsideration part is a bust, you can request that an administrative law judge of the SSA to be assigned to hear your case right in Indiana in one of the hearing offices, where you will be allowed to bring in witnesses to strengthen your case, as well as a claim appeal lawyer. This last accommodation would be advisable as a knowledgeable legal representative would be able to bring up relevant points that may not occur to you.

The third step in the Social Security Disability claim appeal would be the Appeals Council, which would only be considered if there was an error in the claim procedure or the decision to deny had an incorrect basis. The hearing offices for this would also be in several locations Indiana.

The last resort for a claim appeal in Indiana would be to file a lawsuit at the federal level. This can be accomplished with the help of a lawyer by bringing the case before either the Northern or Southern District Courts in Indiana.

To avoid having to go through this lengthy claim appeal process, it would be best to engage a lawyer in Indiana with a deep understanding of how to correctly make an SSD claim from the get go.

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Sharing the Blame under the Jones Act

»Posted by on Oct 23, 2013 in Jones Act, Personal Injury | 0 comments

A maritime lawyer that specializes in the Jones Act can ensure that the proper compensation is awarded to seamen who suffer injuries in the performance of their duties. They are especially important when negligence is an issue, where non-economic damages (pain and suffering) can be awarded, because a Jones Act maritime lawyer will know when the damages awarded are commensurate to the extent of the injury and degree of culpability of the employer. However, according to, there are instances when proving the employer’s negligence is not enough to secure the whole of what the plaintiff believes he deserves.

Even when a personal injury claim is successful under the Jones Act, the court can decide that some of the responsibility lies with the plaintiff. This can have a significant effect on the awarding of damages, as in the case of Simeonoff v. M/V Saga (Ninth Circuit Court of Appeals, 2001).

The plaintiff was able to prove to the district court that his injuries were a direct result of negligence and unseaworthiness on board that M/V Saga at the time of the accident. However, the court also considered his years of experience in operating the equipment (launcher) that caused his injuries. The court concluded that he was partially responsible for the accident for failing to use his experience and knowledge to prevent it, that he should have known better in fact, and pegged his culpability at 30%. As a result, the damages awarded to him were reduced by that much.

The plaintiff appealed the decision, and it was a good thing that he did. Under the Jones Act, a seaman cannot be held partially responsible for any mishap that occurs onboard in the performance of his duties where negligence of the employer is clearly proven. The appeals court therefore affirmed the damages awarded by the district court, but denied the reduction of 30%, which represented the plaintiff’s “share” of the blame.  Clearly, the personal injury lawyer or lawyers in this case knew what could and could not be allowed under the Jones Act, and this benefited the plaintiff greatly.

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Construction Site Accidents and the Importance of Seeking Legal Advice

»Posted by on Oct 19, 2013 in Personal Injury, Workplace Injury | 0 comments

One of the most common causes of accidents that lead to a high rate of injuries and death is work-related; and among all job types recorded in the US Department of Labor, accidents in and around construction sites top the list.

The early part of the 20th century showed the most alarming number in construction-related accidents, where workers were the primary victims. Though definitely a very regrettable issue, something good came out of it, at least, such as the implementation of the Workers’ Compensation Law, which was passed in 1902 in Maryland. It was between 1911 and 1920, though, when majority of the states started to adopt the law (North Carolina, Florida, South Carolina, Arkansas and Mississippi were the last five states to adopt it – between 1929 and 1948). The Workers’ Compensation Law mandated majority of employers in the US to provide workers insurance benefits (which included wage replacement and medical benefits) that will ensure fast financial assistance in the event of injury or death.

Another law that was passed, to significantly reduce the occurrence of construction accidents, was the Occupational Safety and Health Act of 1970, which actually led to the creation of the Occupational Safety and Health Administration (OSHA). OSHA was tasked to “assure safe and healthful working conditions” in all working environments for the good of all employees.

By formulating safety construction site standards and making sure that employers and workers strictly observe them, OSHA has helped greatly in decreasing the number of construction site accidents. Though hundreds of fatal accidents still occurred, a significant downtrend, from 1992 – 2012, is very evident. According to the Bureau of Labor Statistics of the US Department of Labor, the number of fatalities in construction site accidents for the last five years, from 2008 – 2012, are 1,016, 879, 802, 781 and 817, respectively.

The top four causes of accidents, which OSHA calls the “Fatal Four,” are falls, electrocution, struck by object and caught-in/between. Other causes of accidents in construction sites (which may injure worker of private individuals, by the way) include insufficient scaffolding, falling objects, lack of edge protection, especially in roof work and improper use of ladders and/or hoists.

Seeking legal advice is highly important in the event of construction site accidents. A lawyer can help you with the procedures that include assessment of the extent of your injury, correctly filling out of claims forms and timely filing of your claims. This is due to the fact that many claimants are denied of their benefits due to lack of or wrong information written in forms. To many others whose claims have been approved, the amount of compensation given to them is far smaller than what they ought to receive. With a knowledgeable legal counsel assisting you, you will never fall into these added inconveniences.

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