Contracts provide the foundation for any business relationship. Whether entering into an agreement with a construction company, individual employee, or material supplier the possibility of contract disputes are always possible. According to the lawyers at Slater Pugh, contract disputes should be resolved quickly to prevent it from taking attention away from daily business operations. Here are some common contract disputes and how to handle them.
An extremely common contractual agreement entered into is the non-compete agreement. When an employer is looking to hire, they want to be sure that their employees will not leave and work for a competitor. In the event of a terminated employee, backlash relating to the non-compete clause is likely. Ensure your defense is airtight by having a lawyer review your standard employment contracts and clarifying the terms of these contracts with your employees.
Another common type of contract dispute is between a seller and purchaser of goods. Unit price, delivery fee, and the possibility of refunds are all frequently disputed if some part of the sale goes wrong. When purchasing a house it is especially important to regard everything you sign with caution. If the sale falls through, the realtor and financer will refer to the contract when deciding who is financially responsible for any losses.
Everyone at some point in their life has probably dealt with leasing contracts. An agreement between a tenant and landlord, leasing contracts are often the target of breaches of contract on either the part of the tenant or landlord. It is easiest for these cases to be handled outside court, as the damages are usually low. Hiring a lawyer and going to court could prevent a significant inconvenience to both parties. However, it is good practice to have a lawyer review your lease agreement in the event of a dispute with your landlord.
Birth trauma refers to the cuts, fractures, or any other injuries sustained by a child during labor or delivery. In the United States, about 2% of live births are affected by trauma. Though it is a small percentage, the fact that birth trauma still exists can alarm the loved ones of babies that are yet to be delivered.
They have a lot in their mind. They are about to welcome another human being into their family, and the last thing they want to hear is that the baby has sustained some kind of injury during birth.
Birth injuries are not that simple. According to the website of Karlin, Fleisher & Falkenberg, LLC, your child may require medical care, rehabilitative care, or at-home care that may be temporary or permanent. What makes this worse is the fact that all of this may be caused by a medical malpractice.
One of the most common forms of birth trauma is bruising. The most commonly affected areas are the face and the head, because of the physical stress of passing through the birth canal and contacting with bones and tissues in the mother’s pelvis.
This kind of birth trauma can also be associated with malpractice and negligence, like if a doctor uses a birth-assisting tool improperly. It is known that using forceps too forcefully can cause such injuries.
Using forceps can also cause damage to the facial nerve. Facial nerve palsy refers to the loss of voluntary movement in the face. If the child has one of its eyes closed, has a mouth whose sides don’t move in the same direction, cries with an uneven lower face, or has a part of its face that doesn’t move, he or she may have facial nerve palsy.
The paralysis can go away on its own, but there are instances where surgery is required to fix the problem. In its worst, facial nerve palsy may be permanent, with your child undergoing therapy for life.
The proper use of forceps and improved birth methods throughout the years have reduced the cases of facial nerve palsy in child birth. But again, the fact that bruising, facial nerve palsy, and other birth-related traumas still occur is enough reason for family members to be worried.
In the olden days, trains used to be the most popular and prominent means of transportation. Although it has lost its luster in the transportation industry, trains still play an important role in today’s society. They play a crucial role in moving freight and cargo as well as passengers from one point to another. The sad part is that train accidents have also become quite a common occurrence lately.
Figures from the Federal Railroad Administration revealed that there were 11,896 train accidents that occurred at railroad crossings in 2014. From that number, there were 804 deaths and thousands of injuries in that year. According to an Indianapolis personal injury attorney, there are many factors that can lead to train accidents.
The following are some of the common causes of train accidents:
The Department of Transportation Act of 1966 gives the Federal Railroad Administration the authority to oversee and ensure the safety and regulation of railways. Railroad companies and rail lines are legally bound to maintain the highest standard of safety. Likewise, it is a requirement for all trains to have a black box installed. With the device, information can be recorded and reviewed in case of an accident.
There are many parties that can be held liable for injuries or deaths in a train accident. The plaintiff may be able to recover damages such as pain and suffering, loss of income, medical expenses, and other expenses associated with the train accident. Responsible parties may include the operator of the train, the employees, manufacturer, or supplier of defective parts.
Train accidents may not always be blamed on the railway or conductor. It is the court that will determine the liable party based on the evidence presented by both parties.
Being able to drive a car entails a lot of responsibility on your part. When you are on the wheel of your car, you have to be in control and on top of the traffic situation. However, when you are intoxicated while driving you lose your ability to control and focus on what is happening on the road. Chances are you can get into an accident and one of them is vehicular homicide.
The website of The Horst Law defines vehicular homicide as a Class B felony. It happens when a driver who is arrested has a BAC of more than 0.08 caused a fatal accident. Vehicular homicide is known by many names. In some states, the charge is manslaughter or murder depending on the circumstances. Whatever is the name, it all points to negligence on the part of the defendant causing the death of another individual.
In vehicular homicide, the prosecutor will have to show that their client violated some laws which resulted to the death of another person. Even a minor misdemeanor infraction is enough to convict you of vehicular homicide. Again this will vary from one state to another. A vehicular homicide case does not require proving intent to cause injury or death. The lawsuit is based on negligence or gross negligence. This means that the death of the victim was due to the carelessness or reckless disregard for the safety of others.
There are many factors that lead to vehicular homicide and one of them is DUI or DWI. To win a case, your lawyer needs to prove that the manner of driving by itself is negligent. Proof should focus on the manner of driving the cause of death and that the driver was intoxicated. Depending on your state, the penalties may vary as well as the prison term.
According to the National Highway Traffic Safety Administration (NHTSA), fatal motorcycle accidents from 2012 to 2014 were 4,986, 4,688; and, 4,295 respectively. Injuries during those same years were; 93,000 in 2012; 885,000 in 2013; and, 92, 000 in 2014. Surprisingly, in 2013, more than 1,200 of those killed in motorcycle accidents were alcohol-impaired, with a blood alcohol concentration (BAC) level of 0.08% or higher.
While no one would deny that motorcycles are fun to ride, much more economical than cars and that most can even run as fast as cars. No one can also deny, though, that, compared to cars, motorcycles are much more dangerous because these do not provide riders any protection from the force of impact during collisions. Due to this, riders are always vulnerable to severe injuries, even death.
One problem concerning motorcycle riders is that many of them never received formal riding education, learning how to ride only from friends or kin. Riding a motorbike, however, is not just about balancing and knowing how to maneuver it through traffic; learning how to ride it safely is the first and foremost thing of importance.
A motorcycle accident can either be a single or multiple vehicle accident. Single motorcycle accidents do not involve any other vehicle. Due to this, riders are often pinpointed as the ones at fault – that the accident occurred due to their own carelessness or recklessness. Single vehicle motorcycle accidents are also the most common type of motorcycle crashes. The usual reasons why this type of accident happens are alcohol-impairment, riding too fast despite poor weather conditions, failure to maneuver or brake properly, especially when rounding a corner, or failing to notice potholes or other slippery road debris: in any of these situation, it is not uncommon for motorcyclists to lose their balance and crash into road fixtures or get thrown off from their bikes.
Multiple vehicle accidents, on the other hand, involve another motor vehicle. Though this type of accident is less common, its results, however, are usually more severe. Most multiple-vehicle crashes are due to motor vehicle drivers failing to notice approaching motorcyclists or denying motorcyclists their right of way.
Injuries due a motorcycle accident are sometimes serious enough to alter a rider’s life. Nothing can be more painful, however, if an accident is actually a result of someone’s reckless or negligent behavior. Negligence or recklessness, however, are not committed by motor vehicle drivers alone. As mentioned in the website of the Sampson Law Firm, even municipalities or construction companies can be guilty of this act if they fail to to maintain safe roads, or even manufacturers if a motorcycle proves to be defective. Determining the real party at fault can present challenges in many instances.
Motor vehicle collisions are among the most prevalent causes of death within the US. Despite the many warnings, large fines, and advocacies regarding safe driving, the National Highway Traffic Safety Administration (NHTSA) reports that in 2013, an estimated 32,850 folks have been critical subjects of automobile accidents. Despite the requirement of motor insurance, many patients still suffer from economic worry after a serious accident. There are lots of reasons why there is an individual injury claim rejected by an insurance company. Listed below are one of the most popular causes.
Despite the extent of the accident, a personal injury claim may be rejected by an insurance company simply because they genuinely believe that the accident could have easily been eliminated. Which means you may have done something that may have caused or generated the collision. Responsible activity in your part can make the insurance plan protection unproductive, and would consequently forfeit you to any insurance or payment benefits. Instances such as these could generally require the help of your own injury lawyer to clear concerns, especially if you believe you didn’t do something incorrect.
Another reason for a rejected injury claim may be the probability that complaint or no record was ever made or provided just after the crash occurred. According to the website of a Madison injury attorney, it’s required to record a report and seek treatment immediately after the incident in order to have it properly noted and to have medical files that would assist as evidence of the accident and the expenses which were charged to recuperate. Delaying therapy or statement of the accident might destroy your personal injury claim as it would appear in order to attain rewards or payment the injuries were merely made up or just overstated. Addressing a healthcare facility the first moment possible is of the most value.
On the topic of documentation, additionally, there are times where a personal injury claim is declined since the medical files offered did not indicate discomfort or injuries suffered by you. For this reason, it’s significant again to immediately find a cure so that you will be able to have appropriate paperwork. Along these outlines, having a previously healthy condition also can cause a personal injury claim to be denied. The other party may argue that the pre-existing health problem may have been the reason for the injury, rather than the accident. This is why legal representation is important.
Being declined on personal injury state can be crippling to your state that is fiscal, but in addition for your health as well. When you genuinely think that you deserve to get payment for that incident and are not guilty, consider employing an individual law firm who recognizes the guidelines related to these sort of torts and learn how to represent your event and guard your rights in a court.
In 2011, the U.S. Food and Drug Administration approved a drug that can help prevent deep vein thrombosis, the term used to describe blood clots that occur in a deep vein most typical in patients that have undergone hip replacement surgery. Over the next several years, the FDA began to approve Xarelto for other uses, as well. Today, the drug is generally used as a way to lower risks of blood clotting caused by cardiovascular issues and other medical conditions.
Xarelto is among the latest generation of anticoagulant drugs prescribed to patients facing increased risks of abnormal blood clotting. The drug, which is also referred to by its active ingredient rivaroxaban, works by regulating the production of the proteins that causes blood to clot. For healthy individuals, these proteins help prevent open wounds from bleeding out. However, for someone facing complications due to certain medical conditions, a blood clot can be particularly dangerous. Taking Xarelto and other similar medications have proven to be an effective way of mitigating such dangers. Unfortunately, there have been talks of particular side effects that may prove that Xarelto isn’t as safe as its manufacturers have once claimed it to be.
As noted on the website of Williams Kherkher Law, the FDA recently announced that the use of Xarelto should not be permitted for patients of acute coronary syndrome. This decision was due to the fact that the side effects caused by the drug are known to exacerbate particular symptoms of the condition. Even when a good number of patients find that Xarelto is an effective way to address their issues with abnormal clotting, special circumstances such as the one noted by the FDA can lead to more adverse side effects such as severe gastrointestinal bleeding.
While it may prove effective for some patients, taking Xarelto is also known to cause considerable harm to others. Patients would be able to avoid these harmful side effects if manufacturers are more upfront about their products.