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Posted by on Aug 18, 2012 in News | 0 comments

Social Host Liability

Social host liability laws apply to situations in which an individual is served alcohol in a non-commercial setting and proceeds to cause a motor vehicle accident. The individual that provided alcohol to the intoxicated driver, or the host of the event, may be deemed legally liable for the consequences of any resulting crash. In Wisconsin, the concept of social host liability only applies in cases where the consumer was a minor. While minors may be legally provided with alcohol in very particular circumstances, such as when they are accompanied by their parents, it is otherwise to illegal to serve them alcohol and for them to drink and drive. Allowing a minor to illegally obtain alcohol and contributing to a drunk driving accident represents negligent behavior that could result in collisions, severe injuries, and even fatalities.

Stipulations of Social Host Liability Law

The laws for social host liability will only apply to a drunken driving accident when certain conditions are met. The individual who provided alcohol to the drunk driver may only be held accountable for the following reasons:

* They recognized that the consumer was under 21
* They should have identified the consumer as a minor, but failed to do so
* They provided money or other means for the minor to obtain alcohol
* The minor was served alcohol while unaccompanied by their parents

When these conditions are met, those who are hurt in accidents caused by intoxicated minors may be able to seek financial compensation from the minor driver and also from the social host. This can be tremendously helpful as it may ensure that more of ones post-crash needs are met.

Determining whether a social host liability claim may be an appropriate addition to ones lawsuit will require a thorough investigation and review of the case. Accordingly, it is typically in an accident victims best interest to discuss the matter with a Madison car accident attorney who can offer legal counsel and representation in this trying time.

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Posted by on Aug 14, 2012 in News, Personal Injury Law | 0 comments

Driver Fatigue

There are a number of hazards which motorists face when they take to the road, and negligence on the part of other drivers can lead to dangerous accidents and serious injuries following car wrecks. Driver negligence can take many forms such as driving while intoxicated, texting while driving, or engaging in other behavior which distracts from the task of operating the vehicle, but driver fatigue is often overlooked as one of the more serious issues facing American motorists.

Drowsiness on the road dramatically diminishes driving skills, long before an individual actually falls asleep at the wheel. Reactions times diminish, situational awareness is negatively affected, and accidents become far more likely. Studies conducted by the National Highway Traffic Safety Administration (NHTSA) have identified young drivers, business travelers, and shift workers as the most at-risk groups for drowsy driving, as these groups tend to be on the road later and suffer from sleep deprivation more often.

Accident Statistics

The ultimate danger behind driver fatigue is the risk of a motorist falling asleep behind the wheel. Sleep related accidents tend to be especially dangerous and even deadly due to the driver’s inability to take any preventative action in the moments leading up to the crash, and NHTSA studies have shown that such accidents have the following impact each year:

* 100,000 crashes
* 1,500 deaths
* 71,000 injuries
* 12.5 billion in monetary damages

These estimates are conservative, and a lack of effective reporting techniques suggests that the magnitude of the problem may be much greater than they indicate. If you have been injured in a sleep-related accident, the medical expenses and other losses associated with the wreck can be devastating, and obtaining compensation from the responsible party may be difficult. Seeking the assistance of an experienced personal injury lawyer is often your best course of action in order to gain access to the compensation you are entitled to.

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Posted by on Aug 14, 2012 in Disability Law, News | 1 comment

How Long Term Disability Benefits Can Help You

hankey lawAny injury or disability can be life-changing and cause you to consider options for financial aid. This is especially true for those who suffer from a disability that causes long term dependence. Sometimes disabilities result in the inability to return to a normal job and earn a regular paycheck, and many require constant attention and care from a medical specialist. None of these things come cheaply, so it’s critical that a person with a long term disability understand what long term disability benefits are and how they could help them to remain financially sound throughout the duration of a disability.

A person might require long term disability benefits for a number of reasons, but generally, people develop some form of disability from an accident or injury, which causes them to be removed from their daily work. This means that they lose a regular paycheck and likely need another means of paying their daily bills and expenses, such as utility bills, rent, and medical costs. Long term disability benefits from Social Security are one option that many people turn to, but because this process can be difficult to manage and quite long to complete, many seek legal help to avoid making errors that could ruin their application.

How Long Term Benefits Might Help

Long term disability benefits may help struggling individuals and their families in a number of ways. Among the more commonly cited benefits of receiving long term disability payments are:

-Income supplementation
-Removal of emotional stress
-Regularity of monetary support
-Ability to retain a home or other property
-Ability to pay bills and daily expenses
-Financial security
-Ability to pay for medical treatment and attention

While these are possibly not all of the benefits a person may receive, they are some of the most important.

Legal Support

If you or someone you love has developed a long term disability and would like to know more about receiving long term disability benefits, contact an experienced Indianapolis Social Security disability lawyer today to discuss your case.

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Posted by on Aug 7, 2012 in News, Workers' Comp | 0 comments

Workers Compensation Disputes

It seems like suffering an injury due to an accident at work and claiming appropriate benefits should be a straightforward matter, in which it is easily determined whether the injury occurred while performing work-related activities or not. However, this is, unfortunately, far from reality for many injured Iowa workers. When most Iowa employees are injured due to a workplace accident, they are entitled to receive workers compensation benefits that address their specific situation and injuries; however, there are many ways in which this process of receiving benefits can become complicated. In these situations a dispute may arise between the injured employee and their employer or the insurance company.

One of the most common reasons for workers compensation disputes is an injured worker being denied benefits. When a worker feels that they are unfairly being denied benefits, they may wish to dispute the decision. Additionally, a dispute may arise due to a worker feeling that the benefits they are awarded are not sufficient to address their situation and injuries or to a worker not agreeing with the medical treatment or caregiver with which they are provided. In these cases, an injured worker does not have to simply accept whatever decision was made; they can seek several other options in order to try to obtain the benefits that they may be rightfully due.

What Can Be Done

If you believe that the decision made regarding your workers compensation claim or the types of benefits you are receiving are not correct, you do have certain options for seeking a modification of the decision. Below are the steps you may wish to take when you have a workers compensation dispute:

Speak with your employer and/or the insurance carrier to try to resolve the dispute before taking further action
Speak with a compliance administrator to discuss your options and determine what can be done
File for a contested case proceeding, which will be overseen by the workers compensation commissioner

Workers compensation disputes are even more complicated than filing for workers compensation initially is, making the support of qualified Des Moines workers’ compensation lawyers extremely valuable. Contact a knowledgeable legal professional today to discuss your situation and better understand your options when facing a workers compensation dispute.

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