Dolan Law Offices, P.C.

The Complexities of Maritime Law

clarice — Wed, 10 Mar 2010 04:50:01 +0000

The following is a guest blog courtesy of Paulson Coletti Trial Attorneys PC

When you consider all the different types of law that exist, maritime law probably doesn’t pop up in the top tier. However, maritime law protects the rights of many people, from seamen to recreational boaters. There are many categories of maritime law, including The Jones Act and Admiralty Law.

The Jones Act

The Jones Act was established as the Merchant Marine Act of 1920. It is designed to protect the rights of sailors working at sea. In other words, seamen injured on the job at sea are entitled to “maintenance and cure” (i.e., medical care as well as financial compensation). The Act also gives seamen and crew the right to sue for damages if their injuries, or death, were a result of negligence of an employer or ship owner or if the vessel was not seaworthy.

Admiralty Law

Admiralty law is often referred to as maritime law and covers a host of maritime issues, including shipping, commerce, and transportation. Maritime claims can involve collisions, damaged goods, hazardous spills, as well as injuries. For example, cruise ships fall under maritime law, so if a passenger is injured while on board a cruise ship, that passenger may have cause to file a claim.

The flag flown by the ship determines which body of law will apply. A U.S. cruise ship flying a U.S. flag would thus fall under U.S. admiralty law.

Maritime law is quite vast and extremely complex. If you or someone you know feel you may have a valid maritime claim, it is highly advisable to seek the legal advice of experienced maritime attorneys.

Paulson Coletti Trial Attorneys PC is a Portland, Oregon-based firm representing individuals and families in Oregon and Washington. Besides Oregon maritime law, the firm specializes in personal injury, birth injury, traumatic brain injury, wrongful death, or other serious or catastrophic injuries.

The Complexities of Maritime Law is a post from: Dolan Law Offices, P.C.

Nissan Recalls More than 500,000 Vehicles

Jen — Tue, 09 Mar 2010 14:00:42 +0000

Last week Nissan added itself to the growing list of motor vehicle manufacturers issuing safety recalls on its cars and trucks. On March 2, 2010 Nissan issued a worldwide recall of more than half a million cars and trucks because of safety concerns with the brake pads and faulty gas gauges. Most of the recalled vehicles are here in the United States.

Nissan’s Brake Problems

Nissan issued its brake pad recall because of a concern that a pin may become loose in the brakes and reduce the efficacy of the brakes. Customers with loose brake pedals should call their local Nissan dealer for an appointment to fix this potentially dangerous problem.

Nissan’s Gas Gauge Problems

The other part of Nissan’s recent recall related to the gas gauge on some of its vehicles which may read that there is gas left in the tank when, in fact, the tank is empty. This is also an important safety concern since it can be dangerous to run out of gas in the middle of a busy roadway or far away from a gas station. Nissan drivers are being encouraged to keep at least one half a tank of gas in their cars until the problem can be fixed.

What to Do if Your Vehicle has Been Recalled

If you are driving a Nissan that is subject to recall then it is important to contact your local dealer for more information about the safety of your vehicle and how to fix the problem. If you, or a loved one, have been hurt because of a defective Nissan then please contact an Illinois defective product attorney for help.

Nissan Recalls More than 500,000 Vehicles is a post from: Dolan Law Offices, P.C.

Illinois Truck and School Bus Collide Injuring 17 Children

Jen — Mon, 08 Mar 2010 14:00:00 +0000

February 22, 2010 was a scary day for many North Boone Elementary School children and their families. The children were on their school bus coming home from school that Monday afternoon when their bus driver failed to stop at a traffic light and collided with a tractor trailer truck.

17 elementary school students were injured in the accident. No life threatening injuries were reported.

Significant damage was reported to both the bus and the truck involved in this intersection accident. While the initial reports indicate that the bus driver was at fault for failing to stop at a traffic light, it is important for all school transportation companies and individual motorists to remember that truck accidents not only happen on Illinois highways but also on local roads.

Trucks must use local roads to deliver their goods. Often, the sizes of the trucks make it hard for truck drivers to react as quickly as cars when a driver runs a red light or something unexpected happens on the road. Therefore, it is important to be vigilant when you see a truck approaching on a local road.

If you, or your child have been hurt in an Illinois truck accident or an Illinois school bus accident then you may be entitled to damages. Your Illinois trucking accident lawyer can provide you with more information about your rights and potential recovery.

Illinois Truck and School Bus Collide Injuring 17 Children is a post from: Dolan Law Offices, P.C.

Personal Injury Damages are Part of Your Separate Property

clarice — Fri, 05 Mar 2010 03:46:55 +0000

The following is a guest blog article by the Law Office of Michael P. Granata:

The question often comes up in a divorce as to what portion of any injury proceeds received during a marriage are the separate property of the injury spouse. Texas Case law gives guidance on what is and what is not separate property.

The general rule is that injury monies recovered for past, current and future pain and suffering are the separate property (and thus not divisible by the trial Court) of the injured spouse while monies paid for lost earnings, lost income, medical expenses paid by the community, and other expenses associated with the injury to the community estate are going to generally be characterized as community property money. Here are some tips to guide you:

Juries decide and apportion damages, so should settlement agreements: it makes a significant difference exactly what the injured person is being compensated for and therefore it’s important to properly identify what portion of the settlement/judgment is being used to compensate.

Community Estate is entitled to recover damages: damages that belong to the community estate include lost wages of the injured spouse, damages for medical expenses, and other expenses associated with the injury to the community estate.

Loss of Consortium: it’s possible the non-injured spouse may have a cause of action against a third party for injuries to the other spouse. This was the case in Osborn v. Osburn, 961 S.W.2d 408. Wife filed a lawsuit against a medical provider for loss of consortium after her husband was injured by the medical provider. The portion of the monies used to compensate her for her loss of consortium ended being her separate property because the injury was against her. The community wasn’t injured in any way.

It’s reversible error for a Trial Court to mischaracterize separate property as community property: the divorce Court is required to properly characterize damages by the personal injury lawsuit.

I hope this provides some clarification for individuals faced with this unique situation.

This post is by the Law Office of Michael Granata, P.C., a Dallas Divorce and Custody Law Firm.

Personal Injury Damages are Part of Your Separate Property is a post from: Dolan Law Offices, P.C.

The Top 14 Ways to Ruin your Personal Injury Case

Matt — Wed, 03 Mar 2010 20:07:50 +0000

The following is a guest blog courtesy of Kipness Law Firm in Dallas, Texas

The following are the top 14 ways would-be personal injury plaintiffs can weaken their personal injury case.

1. FAILING TO NOTIFY THE POLICE AFTER THE ACCIDENT & DOCUMENT YOUR OBSERVATIONS AT THE SCENE

2. FAILING TO TIMELY OBTAIN MEDICAL TREATMENT

3. HIDING INJURIES FROM YOUR DOCTOR AND FAILING TO COOPERATE WITH YOUR DOCTOR

4. BELIEVING THE INSURANCE COMPANY IS NICE AND CARES ABOUT YOUR INJURIES

5. GIVING A STATEMENT TO THE INSURANCE COMPANY BEFORE CALLING A LAWYER OR ATTORNEY

6. SIGNING INSURANCE COMPANY DOCUMENTS BEFORE CALLING A LAWYER OR ATTORNEY

7. ALLOWING THE INSURANCE COMPANY TO GET YOUR MEDICAL RECORDS BEFORE CALLING A LAWYER OR ATTORNEY

8. EXAGERRATING YOUR INJURIES OR INABILITY TO WORK

9. FORGETTING TO SUBMIT OUTSTANDING MEDICAL BILLS TO YOUR HEALTH INSURANCE COMPANY

10. FORGETTING TO SUBMIT MEDICAL BILLS TO YOUR OWN AUTO INSURANCE COMPANY

11. HIDING PRIOR INJURIES OR CRIMINAL MATTERS FROM YOUR LAWYER OR ATTORNEY

12. WAITING TOO LONG TO HIRE A LAWYER OR ATTORNEY

13. BELIEVING YOU CAN HANDLE THEIR CLAIM ON YOUR OWN WITHOUT A LAWYER OR ATTORNEY

14. FAILING TO DOCUMENT NON-VISIBLE INJURIES SUCH AS PAIN/STRESS AND TAKING PICTURES OF VISIBLE INJURIES SUCH AS SCARS AND BRUISING

Kipness Law Firm, P.C. is a firm of personal injury lawyers. We are committed to fighting for full and fair compensation for personal injury victims.

The Top 14 Ways to Ruin your Personal Injury Case is a post from: Dolan Law Offices, P.C.

The Most Important Ten Minutes After a Car Accident

Matt — Wed, 03 Mar 2010 03:09:04 +0000

You’re stopped waiting for the red light to turn green so you can go on with the long list of things that need to be done that day when BAM! you get rear-ended in a car accident. A hundred things run through your pounding head after the car accident–what happened? Who is going to pick up the kids? How am I going to get this to do list of things done today? What am I supposed to do now?

After a car accident, the first ten minutes could be the most important. Here is a list of things you should do within the first ten minutes after being involved in a car accident:

1. Stop and notify the police of the car accident. If you leave the scene of an accident that involves injuries without providing your information your license may be revoked. In Florida, they may not come out to the accident scene if there are no injuries, but it is important to still call them.

2. Contrary to popular belief, if you are in a car accident and you are blocking traffic, you must move your car. If you can’t move it yourself, you are required to get help or call a tow truck. Your car should never block traffic in any situation.

3. Take out your cell phone and start taking pictures. Take pictures of your vehicle’s property. Take photos of your injuries (seat belt scrapes or bruising), any changes inside your vehicle (rear view mirror knocked down, seat back mechanism collapsing). Take pictures of the at-fault driver, their passengers and any witnesses on the scene. Take a picture of the at-fault driver’s license plate and driver’s license and insurance card.

4. Exchange name, address, insurance information and vehicle registration information with the other driver. Ask that they do the same.

5. Get the name and address and contact phone number of any witness to the accident. You would be amazed how many times the police do not write down the witnesses’ information on the accident report.

6. Call your doctor to arrange a visit. In Florida, your automobile insurance is responsible to pay for medical treatment (at 80%) stemming from a car accident. Get checked out early so your pain is documented.

7. Call your insurance company and report that you were involved in a car accident. However, do not give a recorded statement to any insurance company without first consulting with an attorney.

8. Talk to an attorney experienced in car accidents and personal injury law. Don’t sign any paperwork until you have a free consultation with a Personal Injury Attorney.

A car accident can impact that day, that year, or your entire life. You need someone on your side looking out for your best interest. Insurance companies have attorneys, so should you!

Personal Injury Attorney Matthew Noyes’ law firm-Perenich, Caulfield, Avril & Noyes-has been caring for clients involved in car accident, motorcycle accidents, and other personal injury claims in Tampa Bay, Florida since 1955.

The Most Important Ten Minutes After a Car Accident is a post from: Dolan Law Offices, P.C.

Dolan represents 7-year-old boy injured in escalator accident at Midway Airport

Matt — Fri, 26 Feb 2010 20:25:16 +0000

CBS 2 Chicago’s evening news Wednesday night led with the story of a 7-year-old boy injured in an escalator accident at Midway Airport. The boy’s foot became trapped in the machine and is catastrophically injured. The escalator lacked safety features that may have prevented the accident. Martin Dolan represents the boy’s family in a lawsuit against the City of Chicago. Watch the story at CBS 2 Chicago: http://cbs2chicago.com/video/?id=68395

Dolan represents 7-year-old boy injured in escalator accident at Midway Airport is a post from: Dolan Law Offices, P.C.

Traumatic Brain Injuries

Matt — Tue, 23 Feb 2010 21:30:48 +0000

The brain is a complex and vital organ that shapes who we are. It allows us to understand questions and solve intricate problems, it produces our emotions while crafting our personality, and it helps us to live on both a biological and spiritual level. If it should experience damage than the essence of who we are could be lost forever. This is why traumatic brain injuries can cause grave damage to the life of its victim.

According to Center for Disease Control and Prevention, a traumatic brain injury (also known as TBI) is an affliction that 1.4 million Americans sustain each year, 50,000 of which don’t survive. While TBI’s have differing levels of severity (ranging from mild to severe), they are usually acquired from a simple injury to the head and/or neck. Falls are the leading cause accounting for 28% of TBI’s, while motor vehicle accidents account for 20%. However, motor vehicle accidents have a higher frequency when it comes to TBI hospitalizations, which studies have shown effect over 280,000 people each year. The causes of the injury are wide in variety and can occur from open or closed head injuries to deceleration injuries (also known as a diffuse axonal injuries), but its complexities delve much deeper.

A traumatic brain injury can have life-altering effects on a victim’s emotional and physical well-being, but can also do severe damage to the physical nature of the brain. The injury may require years, if not decades, of special care and rehabilitation from care facilities like CareMeridian. The impairments from a brain injury can affect speech, vision, coordination, the short term and long term memory, and may even result in mood swings and behavioral changes in personality. Considering that every brain injury is different, rehabilitation depends on the individual case and injury; yet, prevention is possible.

For an injury as debilitating as TBI, prevention is essential. Luckily, prevention is not difficult. When driving, the best way to avert a TBI is by wearing a seatbelt and not being under the influence of alcohol. In fact, according to the Brain Injury Association of America more than 50% of people with a brain injury were intoxicated at the time of their injury. It’s also smart to always wear a helmet when riding a bike, thus reducing the risk of a head injury by almost 90%. If the right precautions are taken, the severity of TBI’s can be reduced if not prevented.

There is a lot that is still unknown about the inner workings of the human brain. However, one thing known for certain is the life changing affects that a TBI can have on its victims as a result of irreversible damage to its function.

Traumatic Brain Injuries is a post from: Dolan Law Offices, P.C.

Illinois Supreme Court Finds Statutory Limits on Medical Malpractice Damages Unconstitutional

Jen — Tue, 23 Feb 2010 14:00:57 +0000

Earlier this month the Illinois Supreme Court issued an important ruling for medical malpractice plaintiffs. The Court ruled that statutory limits on medical malpractice damages are unconstitutional.

In 2005, Illinois enacted a law that limited non-economic damages (such as pain and suffering) to $500,000 against doctors and $1 million against hospitals. Litigation and appeals were expected from the time that the law was passed and in February 2010 the Illinois Supreme Court struck down the 2005 law reasoning that the law violated the separation of powers by allowing the legislature to interfere with the work of a jury.

Illinois citizens should be proud that our state’s Supreme Court recognized the rights of individual medical malpractice victims to recover the damages that they have actually incurred and not arbitrary limits set by a state legislature. The Supreme Court was not persuaded by arguments that “other states are doing it” and stood up for the constitutional rights of the people of Illinois.

If you have been hurt by the medical negligence of an Illinois doctor, nurse or hospital then we encourage you to seek the advice of an Illinois medical malpractice lawyer for more information about how this ruling will affect a pending or new medical malpractice case.

Illinois Supreme Court Finds Statutory Limits on Medical Malpractice Damages Unconstitutional is a post from: Dolan Law Offices, P.C.

Another Week, Another Recall for Toyota

Jen — Fri, 19 Feb 2010 14:00:51 +0000

Toyota is once again in the news and the news is not good. It seems that what was once one of America’s most trusted and reliable car brands has issued another recall. Last week’s recall was on the popular 2010 Prius Hybrid and the 2010 luxury Lexus HS250h. About 400,000 vehicles have been affected by this particular recall.

This Time It’s the Brakes

The problem with the Prius and HS250h cars is not sudden acceleration because of stuck gas pedals but problems with the braking system. The problem is that the brakes are inconsistent on rough and slippery roads. Car owners affected by the recall have been told to keep driving their vehicles but to be aware that they need to press the brake down firmly if they feel that the car is not stopping as it should. Will this warning be enough to prevent accidents and save lives while car owners await their anti-lock brake software update that should fix the problem?

What’s Next for Toyota?

It’s hard to say. The company is fighting hard to maintain its image and reputation as a safe and dependable brand of automobiles. Yet, the National Highway Transportation Safety Administration (NHTSA) has received more than 80 complaints of problems with the power steering on 2009 and 2010 Toyota Corollas. This is a third problem that is dangerous, yet distinct from the two massive recalls recently issued by Toyota for sudden acceleration and brake problems.

While Toyota sorts out these problems, develops fixes, and implements those fixes on the massive numbers of recalled cars, accidents continue to happen and lives continue to be at risk.

If you have been hurt be a defective Toyota then you may have the right to recover damages. Please contact an Illinois products liability attorney today for more information about your personal injury case.

Another Week, Another Recall for Toyota is a post from: Dolan Law Offices, P.C.