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Author: Marilyn J. Schmeltzer

Everything You Want To Know About Personal Injury Damages

Contrary to the common belief that a personal injury is caused in an accident involving a motor vehicle, it really is any harm caused to the mind or body of the victim by another person. The common reasons cited in a tort lawsuit for claiming personal injury are reckless conduct, intentional misconduct, and gross negligence.

Although the definition for damages may vary according to jurisdiction, they generally include compensation and reimbursement of the following:

  • Pain and suffering
  • Diminished quality of life
  • Medical bills

What Sorts of Lawsuits Are Filed Generally Seeking Personal Injury Damages?

Almost all such lawsuits arise from damages caused to the mind or body from accidents. At the same time, the law includes dental as well as medical accidents which are also termed as medical negligence. There are also industrial disease cases where a person suffers a disease caused due to the working environment or nature of the job.

  • Types Of Accidents
  • Tripping accidents
  • Work accidents
  • Assaults
  • Product defect accidents
  • Road traffic accidents

Examples Of Industrial Diseases

  • Peritoneal mesothelioma
  • Chest diseases
  • Asbestosis
  • Occupational deafness
  • Repetitive strain injury
  • Vibration white finger
  • Contact dermatitis
  • Occupational stress

The most common chest diseases for which personal injury damages lawsuits have come up include pneumoconiosis, asthma, chronic bronchitis, emphysema, chronic obstructive airways disease, emphysema and chronic obstructive pulmonary disease.

From out of the above cases eligible for a claim, the most common cases are a toxic tort which means a contaminant illness which may be transmitted through water or air, death, injury and automobile accidents. There is a clause for general damages which are of a non-economical nature. They can be suffering and pain which resulted from the incident like the anxiety after the motor accident. Although there are no financial losses the compensations can often be of a monetary nature.

Since a lawsuit needs to be filed in a court coming under the jurisdiction, it is always advised to proceed through an experienced lawyer. When entrusting a lawyer with your litigation, people may be wondering about the costs and the fee. It would relief to learn that lawyers take up the advocacy of injured plaintiffs on the basis of the contingent fee. In a contingent fee system, a mutually agreed upon percentage from the final compensation will be paid to the lawyer. Depending upon the jurisdiction, this can vary anywhere from 25 to 45 percent. The percentages are different for out of court settlements.

Many victims of injury have faced a situation where the lawyer whom they approached refused to represent them in court. In such a scenario there is nothing to be worried about as you can always find a better lawyer who will represent you.

4 Reasons Why A Personal Injury Lawyer Will Not Take Your Case

  1. You might have approached a lawyer who was known to you and so you trusted him or her. However, injury damage was not their piece of cake and they wanted you to get represented by a better lawyer who is experienced in damages.
  2. In some rare instances, the victim may not know who the defendant is. In such situations, the lawyer will be helpless as you need to have a person or entity to sue to claim damages.
  3. Lack of evidence or difficulty to prove the case. Although you are justified in being aggrieved, the lawyer is convinced that you do not have enough evidence which shall substantiate your claim in a court of law. In that case, the lawyer will be convinced that it is a total waste of time and energy to pursue the case.
  4. If the maximum compensation which a court can allow for your case is not enough to compensate for the time the lawyer may have to spend on the case, then most lawyers will not be interested in you.

Some Other Common Issues You May Face

  1. A very valid reason which compels a lawyer from taking up your case may be ‘conflict of interest’. This happens when the defendant has some sort of relationship whether personal or official with the lawyer.
  2. There are instances when some law firms refused to take up good cases as their reputation may get involved in the news that may follow.
  3. Immunity of the defendant can prevent the injured party from getting any compensation. In certain circumstances where the government or a wing of the government is the offender and they have immunity as prescribed by law, then a lawyer may refuse to take up the case.
  4. Questionable injuries of the claimant. If the person has a questionable legal record with respect to injury damages or the medical records pertaining to the injuries can be questioned in court and stand chances that they might have been caused from other situations than mentioned in the suit, then also the lawyer may not take up the case.
  5. Insurance coverage is a very important factor which may prompt a lawyer to refuse your case. If you do not have sufficient insurance coverage or you failed to renew your policy at the time of occurrence of the incident, then the lawyer may avoid taking up the case.

More Useful Info

When you are involved in personal injury damage litigation, it is relevant to be aware of the time frame taken up by the courts. While considering the time frame you need to be aware of certain factors which need to happen in a certain sequence so that the case proceeds smoothly.

Treatment: The first and foremost thing to be taken care of immediately after an accident is getting medical attention as the medical records play a great role in the outcome of your case.

Choosing the right lawyer. As has been mentioned earlier, an experienced lawyer should be chosen to represent time. So it is worth spending to choose a good lawyer.

Conclusion

In most cases including injury damages, certain things which may seem irrelevant to the untrained mind may have a great impact during the course of the hearing. So it is always best to leave even the minutest of matters to your lawyer.…

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2012 Courageous Voice Breakfast Will Honor Kate Brown

Last year, Planned Parenthood Advocates of Oregon launched the Marilyn Epstein Pro-Choice Champion Award to recognize a leader who goes above and beyond in advocating for women’s and reproductive health care issues. We are proud to announce that Oregon Secretary of State Kate Brown will be the recipient of this year’s award at the 2012 Courageous Voice Breakfast with Valerie Plame Wilson, which will be held Thursday, May 3rd at Portland Art Museum’s Kridel Grand Ballroom.

Before being elected to office, Brown began her career as an advocate working with the Women’s Rights Coalition to pass Family Medical Leave and numerous bills on women’s health, domestic violence and economic fairness for women in the workplace. Thanks to the work of her and many others, Oregon became one of the first states in the country to allow parents to stay home with their sick family members without fear of losing their job.

As a freshman legislator in 1993, Brown helped found the Oregon Women’s Health and Wellness Alliance, a legislative coalition of advocates and elected officials who have passed multiple laws to improve the lives and health of women and their families in Oregon.

Since then, Brown has been a leader in standing up for a woman’s right to choose and protecting access to health care, even in the toughest of economic and political times. She was an early pioneer of the movement for contraceptive equity for Oregon women: In 2007, after a 14-year battle with the far right and the insurance industry, she succeeded in prohibiting insurance companies from excluding prescription contraceptives if they cover other prescription drugs. For Brown, it was a matter of basic fairness. At the time, women of reproductive age paid an average of 68% more for out-of-pocket health care coverage than men.

And that’s not all:

  • Kate Brown led the effort to require hospitals to offer emergency contraceptives to women who seek them after sexual assault.
  • Kate Brown introduced legislation aimed at preventing “alternative to abortion” organizations from spreading false or misleading information to women.
  • Kate Brown has earned a 100% rating from Planned Parenthood PAC of Oregon for her entire career.
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A Major Victory for Choice in Oregon!

We have important news to share that will shape Oregon’s political landscape in this crucial election year: Today we learned that 2 dangerous anti-choice constitutional amendments have FAILED to qualify for the November ballot. As a result, Planned Parenthood PAC of Oregon can focus on a proactive agenda to secure a pro-women’s health majority in the Legislature, instead of defending ourselves from another set of attacks.

Together with our partners at the Pro-Choice Coalition of Oregon, we have been monitoring the signature-gathering process and building a campaign structure in the event of a ballot measure fight. At issue were 2 constitutional amendments that would have affected Oregon women’s access to reproductive health care:

Initiative Petition 22 would have amended the Oregon Constitution to declare “personhood” for fertilized eggs. This extreme measure could have resulted in outlawing birth control, in vitro fertilization and abortion even in the case of rape and incest.
Initiative Petition 25 would have amended the Oregon Constitution to prohibit access to medically necessary abortion coverage for low-income women. With no exception for the health of the woman, it would not only have denied many Oregon women access to the comprehensive health care they currently have, it would have denied services to women facing terrible health issues like cancer and severe fetal abnormalities.
Thankfully, Oregonians saw that these vague and confusing measures seriously threatened women’s health care. This is a major victory for choice – and a prime opportunity to keep our eyes on the prize. Planned Parenthood PAC of Oregon is already interviewing candidates, making endorsements and registering voters to ensure a strong turnout in November. By making a donation today, you can help us achieve these goals. (Remember, the Oregon State Political Tax Credit allows Oregonians to give $50 per person or $100 per couple to the PAC of their choice and receive this amount back at tax time.)…

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Stay protection for EU citizens is higher than for Turks

ECJ: Association Agreement provides no such right Luxembourg (jur). Turks can easily be expelled from Germany, as EU citizens. Serious reasons are sufficient ruled on Thursday 8 December 2011, the European Court of Justice (ECJ) in Luxembourg (case C-371/08). Then one remains Expulsion by Turks after repeated or particularly serious crimes probably still permissible.

The plaintiff was born as the son of Turkish parents in Germany. He has a Settlement permitWhich is a fixed residence permit under EU law. From 1998 he regularly consumed heroin and cocaine. Treatment with the substitute drug methadone was as unsuccessful as an inpatient drug treatment. After several convictions for violence and theft offenses was the Regierungspräsidium expel the Turks 2007th

However, he resisted having regard to the Association Agreement between Turkey and the EU. After that he enjoys the same protection stay in Germany as citizens from EU countries. But this could only be expelled for ‘imperative reasons of public security. ”

But according to the Association Agreement is the right of residence less, now the ECJ. Here is a “serious threat to public order, safety or health” from rich.

Whether the specific case is given, must now examine the Supreme Administrative Court of Baden-Württemberg in Mannheim.

The 6th Criminal Division of the Higher Regional Court on 26/08/2011 for the referral to the Probation released convicts selectivity changed so that the condemned during the Pope’s visit is not in Freiburg, but in time of 23 stop until 25.09.2011 in another, the Senate has given city.

The convicted Atilla Selek is the so-called “Sauerland process” in its support of a terrorist organization abroad Concomitance with preparation of an explosion at a crime Imprisonment been sentenced to five years. After serving more than four years’ imprisonment, the remaining sentence on 04.07.2011 has been suspended. The probation period has been set at five years. The probation order also stipulated that the offender should make his permanent home in Freiburg.

In view of the upcoming papal visit is to relieve the local police authorities have changed the instructions from the parole decision in consultation with the Attorney General, the convicted and the time for the defenders of the Pope’s visit.…

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Dangerous Lives Of Accident: Accused Acquitted

In Hanover, the two directors of the association had to promote youth culture and sports are brought to justice. The prosecution accused the two men in front of negligent injury.

According to the indictment, the association had violated the operators Skaller one-hall the necessary safety standards. Such diverse objects were too close to the skating track, maintenance was not performed and there was no supervision. In October 2010, it came on a halfpipe in a collision with one of the two skaters wore no helmet. The 16-year-old fell with his head on an unprotected steel beam and was critically injured.

In the process, seven witnesses were heard and two referees who could not determine unequivocally whether the injuries were serious happens because of the steel beam. The prosecution demanded still eight months imprisonment on probation for negligent injury for the 24 and 34 year old men.

The presiding judge of the district court, however, rated the event as an accident. That the boy was wearing a helmet, was in his responsibility. There was – like traffic – no requirement to wear helmets. Therefore, the process ended with an acquittal.
The verdict is not yet final.

The Dusseldorf prosecutor wants criminal charges against two young men between the ages of 19 and 20 years.

They are accused of injuring a 33-year-old man in September to have difficulty. The victim was initially provoked by the perpetrators has been, and they want to calm down then. Nevertheless, attacked the alleged perpetrator. They should have knocked the man with a bottle and then have occurred to her victim lying on the ground. The victim was after the fact in the ICU and the doctors expect that he will retain permanent brain damage.

The two offenders were arrested about three weeks after the fact and sit in detention since then. They are no strangers to the police, but relevantly previously convicted offenders. It is not yet known what action the prosecutor will indict. Possible bodily harm, or even manslaughter. The men threatened in the event of a conviction – especially because of the relevant criminal record – a youth or imprisonment.…

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Tax Policy in Greece: List of Shame

Greece is currently experiencing anything but good times. In addition to various savings, price increases and the continued threat of national bankruptcy, despite the EU’s rescue package, it now goes to all those at the collar, who paid no taxes in recent years. Last Sunday, the government published in Athens, the so-called “list of shame” that lists the wealthy and prominent personalities who control it with the numbers had not always so.

 

A total of 170 pages and 4152 full name list, the tax cheats in the pillory. Added together, so close to € 15 billion of tax due the state have been lost. Already on 14 November had set the government at that time the parties shall have ten days to pay the taxes later still, and so fulfill the obligation.

Now inserts the Greek government under Prime Minister Lucas Papademos a harder line. The tax investigators take the tax dodgers now quickly target and already 90 entrepreneurs should be arrested.

Nevertheless, such a list was in Germany for reasons of data protection and the common law criminal to imagine anything but – thankfully, some might say.

The prosecution case against Aachen Motorradklucs seven members of the “Bandidos” raised the age of 24 to 45 years. According to the indictment, the men have been guilty of attempted extortion heavy.

After the prosecutor’s statements in August, the men have threatened the “bouncers” of a club. You want it to be gone about providing even the security forces for the nightclub.

So far, the accused does not supply this information to the point. Only one of the men denied the fact.…

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