Jun 14, 2013
Cerebral palsy is a disorder that affects movement and muscle coordination. It is neurological in nature rather than muscular or neural, and results from a brain injury or abnormality. Depending on the severity of the neurological damage, cerebral palsy may range from severe to mild, but it will have a permanent effect on the child and long-term consequences for his or her family.
In some cases, cerebral palsy is a result of a birth injury that may be due to negligence on the part of the medical staff. In order to prepare for a possible birth injury claim, you need to follow certain steps.
First, confirm that cerebral palsy is present. Bring the medical records of the child to a neurologist who can assess if it is indeed cerebral palsy or another type of developmental disorder. Get copies of all the tests and get the doctor to give you a written diagnosis as well as the recommended treatments and devices to manage the disorder. These documents will be invaluable when presenting your case before a jury.
Second, request for all the medical records taken for the pregnancy and delivery. This can be quite a lot, as prenatal records tend to be extensive, but it will prove that due care was taken during the pregnancy, and there are no contributing factors evident in the medical history, physical condition or lifestyle of the mother prior to birth. The records will also show vital signs reports and who were present during the delivery.
Lastly, find a cerebral palsy lawyer conversant with the birth injury laws of Pennsylvania and present him or her with what documentary evidence you have been able to gather. Some of the records take some time to get, but you should not delay the initial consultation too much just to complete all the records. Make sure that the lawyer you retain has the required certifications for a medical malpractice suit in the state, and ask about the results and success rate in similar cases. A good lawyer will be able to prepare the mother for cross-examination, which can be somewhat distressing as the defense will most likely try to pin the blame on the mother.
It is important to remember that getting all the needed information will determine success or failure in a cerebral palsy claim. If you are convinced that a birth injury is the cause of the child’s cerebral palsy, making a successful claim will mean that the costs of managing the disorder will not place an impossible burden on the family.
Jun 13, 2013
Things are looking up overall for California residents in terms of traffic accidents. According to the Statewide Integrated Traffic Records System (SWITRS) for 2010, the lowest number of fatal and injury collisions for more than 70 and nearly 40 years respectively was recorded. The total number of traffic collisions comes in at 416,490 and injury collisions at 161,094. Even then, it means that every minute a collision happens in California, and someone gets injured every 2 minutes.
While not all the injuries are serious, a good many of them should not even have happened in the first place. Speeding was identified as the main cause in more than 30% of the collisions that resulted in injury and fatalities. Alcohol-involved collisions that resulted in fatality and injury dropped from the year before, but it still claimed 972 lives and injured 16,884. These are all preventable accidents. Among the top factors that caused traffic accidents include:
- Automobile Right-Of-Way
- Improper Turning
- Traffic Signals and Signs
- Unsafe Lane Change
Traffic accidents are something we accept as part and parcel of modern living, and the statistics indicate some significant improvements. But when serious injury or death happens to you or someone close to you, those numbers cease to have any meaning. When it comes down to actual people, even one injury or fatality is one too many.
Compound that with the fact that the driver who caused it was drunk or otherwise negligent, it is just right that you seek a personal injury attorney or wrongful death lawyer practicing in California to address the wrong that was done to you. Some injuries may have serious and long-term consequences not only on the victim, but for the victim’s family, and the costs of these consequences may be too much to handle. Seek to get compensation for your direct costs as well as punitive damages with the assistance of competent legal counsel.
Jun 10, 2013
One of the advantages for small businesses of forming a limited liability company or LLC is that it automatically qualifies for pass-through taxation. This is similar to a partnership, where taxes are essentially “passed-through” the LLC to the individual members of the LLC. Each member then declares their share in the LLC’s annual profits and pays the taxes accordingly, less deductions of course.
The reason that pass-through taxation is desirable for most small businesses is because there is no double taxation such as in a corporate structure, which means the members of the LLC get to keep more profits. And just as profits are shared and taxed accordingly, members also get to offset some losses the LLC sustain in a given year on their other income.
This method of taxation can be beneficial, but it is not at all a simple process. Like a partnership, the LLC files a tax return although it has no tax burden. It is mostly informational on the gains and losses of the LLC, which are then passed on to members’ personal returns. Because the nature of pass-through taxation involves not only LLC activities but takes into account personal income, deductions and exemptions, it can make an inexperienced person’s head spin.
Another benefit of a limited liability company is that investors aren’t held liable when the company is sued. This is a good way to get people to invest in your company without the risk of future lawsuits. LLC’s are normally seen in fields such as construction, oil and other risky businesses.
In most cases, LLC taxation should be handled by a tax lawyer who has extensive experience in handling LLC tax planning that will maximize the benefits of pass-through taxation. Consult with a competent business law firm in your area to ensure that the requirements and rules of the state where you are doing business are fulfilled.
Jun 9, 2013
Only one-third of Social Security Disability Insurance (SSDI) applications are approved at initial application. That means that for every one application approved, two are denied. Why are so many disability applications denied? There could be several reasons.
Too Rich to Need It
While you may be paying for Social Security, in order to qualify for SSDI or Supplemental Security Income (SSI) benefits you have to be earning less from your employment than “substantial gainful activity” levels, which in Arizona is currently $1,000 a month.
To qualify for SSDI or SSI, you need to show that your disability will last a minimum of 12 months or will eventually cause death. Blind SSI applicants are exempt from the minimum duration.
If they can’t find you, they’ll deny you. You need to make sure that the Social Security Agency (SSA) and the Disability Determination Service (DDS) can get in touch with you.
When the SSA requires you to surrender your medical records and to submit to a consultative examination, you need to cooperate if you don’t want to be denied. You must also follow the therapy prescribed by your physician, unless you are physically unable to or can prove that to follow the therapy would be detrimental to your health.
Disability Caused by Drugs or Alcohol Addiction
If your substance abuse addiction is contributory to your disability, you will be denied Social Security benefits.
If you became disabled as a direct result of injuries sustained during the commission of a felony, for which you were eventually convicted, you will be denied Social Security benefits. You will also be denied if you are in prison when you became disabled, unless you are in a rehabilitation program.
Being denied during the initial application for any of the above reasons usually means you’re out of luck, although it can still be appealed, especially with the help of a good Arizona Social Security lawyer. But if you believe you are being unjustly denied, then you must certainly engage a lawyer to help you go through the appeals process to get the Social Security benefits you deserve.
Jun 5, 2013
When a worker is injured or dies in the workplace in the commission of his or her job, the employer must provide workers’ compensation benefits either through a private insurer or as a self-insurer. There are many benefits mandated by law in Iowa, the applicability of which will depend on the circumstances of the injury or death. These benefits include:
Medical – medical care and transportation that may reasonably be required to treat an injury; also includes a provision for lost wages when an employee is required to go on leave for medical treatment
Disability – this includes Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Healing Period (HP), Permanent Partial Disability (PPD) and Permanent Total Disability (PTD). In general, the weekly compensation for an injured employee cannot exceed 80% of a worker’s spendable earnings (weekly pay net of payroll taxes). The maximum weekly benefit for PPD is $1,378, while the maximum benefit for TTD, HP, PTD and death is $1,498 (effective until June 30, 2013). For TPD, the computation is based on the difference between the weekly earnings at the time of the injury and the subsequent lower paying job. TPD benefit amount is 66 2/3% of that difference.
In Iowa, if a second injury to the eye, hand, arm, foot or leg is sustained after a worker qualifies for PPD benefits for injury to a similar body part, that worker will be entitled to benefits under the Second Injury Fund.
Vocational Rehabilitation – when a worker becomes disabled, he or she may be eligible for participation in training to prepare for, qualify for, and maintain employment provided by the Iowa Division of Vocational Rehabilitation Services, and will be paid $100 a week for up to 13 weeks while rehabilitation is ongoing. This may be extended a further 13 weeks upon approval by the workers’ compensation commissioner.
Death – Benefits are paid to the surviving spouse for life or until remarriage if there are no dependent children, whereupon a two-year lump sum settlement is given. In the absence of a spouse, dependent children get the benefits until they reach the age of 18 or 25, depending on the degree of actual dependence. Burial expenses are also included.
If you believe that you have not received the workers’ compensation benefits that you deserve, contact a lawyer in Iowa who has extensive experience in dealing with workers’ compensation cases. They will know precisely how to get the maximum benefits that should accrue to you.