The Fourth Amendment of the U.S. Constitution assures every citizen’s right to be protected from the unreasonable and unlawful apprehension of one’s property and person. This encompasses an individual’s right to protection from being searched and seized by police without respect to due process. News about wide-spread instances of police misconduct and wrongful arrests continue to monopolize headlines. As thousands and thousands of people mount protests and express their hope for swift action, it’s important to emphasize the need to uphold the rights afforded to all citizens in the US by law.
According to Evans Moore, LLC, wrongful arrest is just one of the many instances of police misconduct that’s becoming more and more of a hot-button topic all over the country. In general, a wrongful arrest takes place when a person is detained or taken into custody without respect to their rights. Police that make arrest should have enough cause to seize any individual they suspect of wrong-doing. Similarly, individuals are protected from having their selves and their properties searched without the necessary warrants.
Because it can be such a contentious issue, wrongful arrest cases can leave victims at a disadvantage. When pursuing such a case in civil court, having an experienced attorney makes a huge difference. Through litigation, victims of wrongful arrest can receive appropriate compensation for damages such as loss of income due to missed job appointments and even emotional distress. In some cases, when a wrongful arrest leads to further allegations of police misconduct, pursuing legal action can help in achieving some sense of justice.
All in all, pursuing a wrongful arrest case can help victims deal with the consequences such an incident can cause. If you think that you’ve been detained or arrested without reasonable cause, consult with a legal professional right away and ask about your options.
This can be a bit of a hot topic among women who have had the procedure done (or haven’t had it done) as there can be quite a few implications. First of all, you need to make sure that you have all the facts before making a final decision – and for this, you must think as coolly and objectively as possible. Making potentially life-changing decisions born out of fear or anger cannot end well for anyone involved.
First things first, what exactly is a hysterectomy? Well, it is a surgical procedure that involves the removal of a woman’s uterus. If you are getting a hysterectomy due to the growth of uterine fibroids, it might be recommended that a myomectomy procedure is more advisable instead. A myomectomy is the removal of the fibroids, usually so that the woman may still be able to conceive and give birth. A hysterectomy is the removal of the uterus and that would mean that the woman would be unable to have a child after the procedure.
Some women might not wish to have a hysterectomy due to the presumed recovery period that could take weeks. There are some surgeries known including laparoscopic procedures involving morcellators that could clear a patient mere hours after a surgery, but information from the website of the Williams Kherkher Law Firm provides examples of why women may file cases against manufacturers of morcellators (i.e. Johnson and Johnson), stating that the device had then caused them endometrial cancer in order to take out a noncancerous growth from their bodies. It would be worth learning more about the possible risks if you are thinking of morcellation as a means to go by your hysterectomy.
Another fact about getting hysterectomy is that there are many arguments available from numerous sources that state that most women who have gotten procedures of this nature did not need them for a life-or-death kind of situation. It would be the most recommended course of action, then, to talk to a physician about your complaints and condition in order to know if this procedure is the best thing for you to go through.
Hundreds of workers in the US get diagnosed with serious health conditions every year – a result of their regular exposure to dangerous substances in the workplace. Many of these illnesses are chronic and malignant, manifesting themselves only when they are already too serious to be cured by any type of drug. The most common types of these serious illnesses are cancer and lung disorder.
The lungs are the organs that are normally affected and easily damaged by toxic substances. The damage, however, depends on the kind of substance a worker has been exposed to. The most common forms of disorders that have been complained about and the kind of substance that caused these include:
- Chronic beryllium disease or CBD, which is a result of the inhalation of Beryllium’s (a metallic element) fumes or dust. This lung disorder is acquired only by people who are allergic to the Beryllium
- Pneumoconiosis, also known as black lung disease, is the consequence of the regular inhalation of coal dust
- Byssinosis, which is developed due to breathing textile fiber dust regularly
- Bronchiolitis obliterans (BO), also called obliterative bronchiolitis, is a rare, yet, deadly and incurable lung disorder which is a result of the scarring or inflammation of the bronchioles, a small airway branch or a passageway where air is able to pass through the mouth or nose to the alveoli, or lungs’ air sacs. This lung disorder is the result of regular exposure to toxic fumes, which include thionyl chloride, ammonia, hydrogen sulfide, sulfur dioxide, chlorine, diacetyl, and nitrogen dioxide
- Silicosis, the result of regular exposure and inhalation of silica dust.
It is quite obvious that many workers are still not cognizant of the deadly effects of many different kinds of substances, especially silica. Regular inhalation of silica dust is very common among workers who are engaged in the crushing or breaking of rocks and sands. Due to the nature of their work, many end up with the lethal lung disease silicosis, the inflammation and scarring of the lungs.
Silicosis cannot be reversed. Thus, work, which requires regular exposure to silica dust, necessitates the wearing of protective gears; employers too are mandated by law to provide their employees with the proper education and training on how to keep away from the deadly effects of this toxic element. Any failure on the part of employers or supervisors to ensure that their workers are protected will make them liable for whatever illness workers may develop.
Workers who are, or had been, exposed to silica better make sure of their health condition. Any sign or symptom of silicosis should prompt the affected worker to contact a knowledgeable and experienced legal expert immediately for the possible legal move he or she would want to pursue. Getting in touch with Tennessee personal injury attorneys is a move that the affected worker could consider.
Punitive damages are not generally awarded in personal injury cases, and in car accidents if a person in given punitive damages, they should be properly justified. Punitive damages are given in order to deter future similar actions from the defendant as well as other motorists, and they have no direct link to the injuries suffered by the plaintiff (although the award is still given to the plaintiff). In order for the plaintiff to receive punitive damages in a car accident, state laws should first be considered. There are states that require the defendant to exhibit gross negligence or intentional misconduct, while other states call from the defendant’s actions to be with malice, deceit, or reckless.
A person who is consciously disregarding another person’s rights, safety or life can be accounted for gross negligence. The added factor of being reckless or careless can make a negligence action grossly negligent. In order to prove actions of gross negligence, evidence should be presented by the plaintiff that would establish that the defendant acted with intent, deceit, or malice in order to cause harm or injury to the plaintiff. A reasonable basis for the punitive damages should be present in a personal injury or car accident case, otherwise the court may levy a monetary sanction against the plaintiff for unconvincing or no evidence that would justify the punitive damages. The court requires strong evidence of gross negligence or recklessness from the defendant that would justify the punitive damages because they would like to prevent and discourage senseless claims from plaintiffs who may take advantage of the situation.
The website of With Yvonne Fraser says that plaintiffs who are seeking punitive damages after a car accident should first consult with a personal injury lawyer who knows the laws in the state they are filing the case in. States laws vary regarding the awarding of punitive damages in injury cases, and often they have limits to the amount that can be awarded.
Have you been injured due to the recklessness of another individual? Are you unable to work and pay your bills? You should start by hiring a good lawyer and building a strong case. Continue reading for more information on personal injury lawsuits.
According to the website of the Tennessee personal injury attorneys Pohl & Berk LLP, as an injured party, you should document your costs. Record any expenses or loss of income you incur as a result of your injury. Some of these documents may include insurance forms, medical bills, prescription receipts, and property damage repairs. If you miss work because of the injury, be sure you also document any lost wages. Document each expense as it occurs, while it is fresh in your memory. That way, they each are counted and kept track of in the course of your case. This can make all the difference.
Finding the right lawyer for a personal injury case often means looking at smaller law firms. Big firms don’t put this kind of case high on their to-do list, so you may find that your case is handed down to lower level attorneys with little experience, leading to a less positive outcome.
Speak with a bar association to determine the lawyers that are in your area that practice what you need. This will not provide you a ranking of the best lawyers, but will give you a good start on finding one. The American Bar Association is a good place for you to start this process.
When meeting with an attorney initially, make sure to ask any and all questions you have. These questions should include questions about your overall expectation of what the process of the lawsuit will be like so that you’re aware of everything involved. For you to feel comfortable throughout the lawsuit, you should be able to ask anything and everything of your lawyer.
Clearly, you are not required to do without what you need. You can take action when you are caused harm by the recklessness of others. Use these great tips to get the compensation you deserve from your personal injury case.