Posts by Angeline

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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