Friday, September 7, 2007

Who's to Blame for a Defective Product?

The production and selling of substandard and defective products is one of the causes of various personal injuries in the United States. However, the personal injury law provisions which govern these cases are somehow more simple and undemanding than any other injury statute. This further allows the injury victims to easily obtain monetary damages from the product manufacturer or seller. Furthermore, the Product Liability law affirmed that the product manufacturers, distributors, retailers and manufacturers of product components may have the liability in handing over dangerous goods which brought about injuries to the consumers. Hence, the product producers and distributors should meet the regular expectations of their customers regarding their products.

On the other hand, the liability theory states that the victims who are filing their product liability claims must prove to the court that they have indeed bought a defective product which caused them injuries. The following are the types of defects which can impose sanctions to the product manufacturers and sellers:

Design defects these flaws are considered as inherent to the product before it was assembled or produced. This has something to do about the product design which make it unsafe for public use or consumption. This is why the manufacturers should see to it that the product design should be well-planned and structured.

Manufacturing defects these defects come along with the product assembly. Any imperfections and misalignment, therefore, in following the designer or manufacturer's product specifications and standards can be utilized by the victims to prove the guilt of the company. Usually, the victims should prove to the court that they should not have their injury if not for the negligence of the manufacturer or if the strict liability rule is applicable they just have to prove that the product is indeed defective.

Marketing defects these flaws resulted to the improper way of selling the products. These further include product mislabeling and the failure to make such warning about the possible risk in utilizing their products.

But then again, like in any other legal case in which the defendants are given their time to explain their sides, the product manufacturers or distributors may point out that the victims alteration of the product really caused it to malfunction or inflict harm to them.

In this sense, the victims may decide on seeking legal advice from a professional product liability lawyer to evaluate their cases and teach them how to answer questions which might be raise by the manufacturers. With the sufficient understanding of the existing laws on product liability and techniques on how to go along with the opponents defense strategies, an expert legal can easily provide justice to their clients claim cases. This will entitle the victims to acquire monetary compensation from the liable product manufacturers.

Our Los Angeles Personal Injury Lawyers very competent in handling Product liability claims.

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Take The Help Of An Art Lawyer:

As Magdalena Abakanowicz had rightly cited Art will remain the most astonishing activity of mankind born out of struggle between wisdom and madness, between dream and reality in our mind through decades this has been witnessed. Any form of art seems to be that one creation that is eternal and possesses an eternal beauty. It seems that nobody can escape the beauty and the magic of a great piece of art. Art reflects the truth, it reflects life. An art professional is a thorough professional who has immense expertise in creating a piece of art and in fact they even create a personalized piece if art for you. With the passing of time it seems that fraudulence has grasped the world of art also. So when you decide to get a piece of art for yourself you should always get it from a reputed dealer who can assure you of genuine art pieces. But in case if you manage to fall into the trap of a fraud, you can always hire an art lawyer.

An art lawyer is a professional who can help you to come out of a fraud case of art. Getting an art piece from an authenticated dealer is the best thing for art lovers but today it seems that there are a numbers of deceptive art dealers who are openly operating in the market and if you are one of those genuine art lovers then you must try and avoid these fake dealers at all costs. Well this can be difficult at times because they pretend to be genuine, but if you are properly educated about all the aspects related to this you can avoid this. But in case if you get trapped in such a situation then you can always take the help of an art lawyer to help you to come out of this deadly trap. An art lawyer in this case will help you sue the fake dealer from whom you got the fake piece of art.

But one thing has to be noted. An art lawyer does not only help a person to come out of case where he or she has purchased a fake piece of art but also helps a person to sell masterpieces at the best possible rates and also helps him to get his money from a fraudulent dealer who is not paying the person his money. Well there are many art lawyers who are ready to help you in both the cases but there are certain things that you must be sure of before you hire an art lawyer. You should always go in for an art lawyer who has full expertise and knowledge about this domain. You should even see the details of the cases that the art lawyer had taken up before you hire him.

Basically an art lawyer is a qualified professional who helps in coming out of any sort of a fraudulent case related to art. Art is the expression of life and it means different things for different people. So if you want to indulge in a genuine piece of art take the help of an art lawyer.

Damyel Flower is an experienced divorce lawyer. He has successfully handled many divorce cases.He gives advice to clients who are looking for Art Lawyer, Divorce lawyer NYC,celebrity divorce lawyer. To hire services of a lawyer in New York and any legal advice visit http://www.mtllp.com

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Car Accidents are Common in Los Angeles--Good Personal Injury Lawyers Aren't

Every year tens of thousands of California and Los Angeles vehicle drivers are involved in a car accident resulting in injuries to themselves or others. A high percentage of these accidents result in personal injuries. If you have suffered a personal injury you may be entitled to compensation for your injuries. Personal injury cases can become very complicated.

In all automobile accident cases it is essential that steps be taken immediately to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. Therefore, is important to choose an experienced personal injury attorney in pursuing a claim to recover for your personal injuries.

Traffic Accidents in Los Angeles and Orange County are the most common types of personal injury cases. Cases involving personal injury resulting from accidents are litigated under the principles of negligence, (link to negligence) unless the state has determined to do away with fault as an issue. The injured plaintiff is required to prove that someone was negligent, that the negligence caused the accident, and that the accident caused the plaintiffs injuries. In some cases your gut feeling may tell you that the other driver, cyclist, or pedestrian acted carelessly, but not what rules they violated.

Types of Car Accident Injuries

Side-impact injuries

A side-impact injury occurs as a result of another vehicle barreling into you from the side. It is the deadliest form of car accidents leaving 10,000 persons dead each year. In a head-on collision you are protected by several feet of steel, engine, and bumper. A side-impact accident leaves only a few inches of door and some window glass between you and the other vehicle.

Every vehicle on the road is required to pass the government implemented side-impact standards. Many people feel these standards are outdated. The government tests have been criticized for failing to test head standards in all vehicles. It uses a dummy representing an average size male that doesnt register head injuries, and its test only looks at what happens when similar size vehicles collide.I was a passenger involved in a car accident and I suffered injuries, can I get recovery for my personal-injury damages?

Passenger Injuries

If you were a passenger in a vehicle involved in an accident, and if you have sustained injury as a result, you are entitled to receive compensation for your injuries. As a passenger, you have a claim against both the driver of the vehicle in which you were riding as well as the drivers of any other vehicles (or any other negligent party) involved in the collision. As a passenger you generally cannot be considered to be at fault or partially at fault for causing an accident unless you do something to cause the accident such as distract the driver.

Paraplegia

Paraplegia is a type of paralysis which affects both the legs and the trunk. Persons affect by paraplegia have no movement in their legs, and are often limited or have no movement in their torso. Paraplegia results from spinal cord injury. (Link to Spinal Cord Injury) Many accident victims are paraplegic as a result of unsafe or defective vehicles.

Paraplegia interrupts sensory messages to the brain so that the affected individual cannot "feel" their affected body parts, and are generally insensitive to pain or heat. As a result, a victims health and safety is jeopardized because of this inability to differentiate pain. Some victims have damaged nerves resulting in phantom pain and heat sensations. Paraplegia significantly impacts the patient's quality of life by affecting sexual drive, digestive capabilities, bladder control and shortened life expectancy.

Car accidents have often caused the major trauma (link to traumatic brain injury) that result in paraplegia. Vehicles such as SUV's are prone to roll over and do not have adequate roof structure. As a result, the roof crushes and caves in causing spinal cord injuries. Fortunately, there are steps to be taken to reduce such injuries including paraplegia. There are step that auto manufacturers should take to ensure that vehicles are safe and have the best airbags, seatbelts to prevent ejection, sound vehicle design and roof stability

Spinal Injuries

Although the spinal cord is only 18 inches long, and is made up of tiny, delicate nerve cells, a spinal cord injury (SCI) can be a traumatic and devastating injury resulting in a lifetime of pain, suffering and huge medical expenses. At the California Attorney Group, we know how devastating these injuries can be.

An SCI typically involves some type of trauma to the nerve cells that form the spinal cord. As the spinal cord carries messages from the brain to various parts of the body to control functions such as movement, breathing, speaking, and other critical body functions, an injury to the spinal cord disrupts this communication, leading to the impairment of the body's sensory, motor and involuntary reflex functions. Depending upon the nature and extent of the SCI, these disruptions can lead to two devastating conditions: paraplegia (paralysis of the lower portions of the body) or quadriplegia (paralysis of the upper and lower parts of the body).

The principal causes of SCI are automobile accidents [link to Car Accidents, slip and falls [link to Slip and Falls], acts of violence, sports-related injuries, injuries at work, and other incidents that cause injury or compression to the nerve cells of the spinal cord. Approximately 250,000 Americans currently suffer from some form of SCI, and there are about 11,000 new cases annually.

The costs related to SCI can be staggering. More than half of all spinal cord injuries result in quadriplegia, resulting in an average hospital stay of 95 days and approximately $140,000 in medical expenses. For individuals who sustain SCI at the age of 25, the average lifetime medical costs for quadriplegia is $1.35 million. And these figure does not take into account the physical and emotional suffering of the victims, the loss of wages and other income, and the financial and emotional burdens that SCI places on the victims care givers, who are more often than not close family members of the victim.

Moreover, if you are in a car accident, you could have injuries such as Brain Injuries and Spinal Injuries. It is important for your attorney to understand the possibility of theses injuries and not overlook them. Many unscrupulous attorneys will push to settle their personal injury cases as quickly as possible to generate revenue for themselves. They will overlook symptoms such as simple headaches which could be an indication of a brain injury. {link to brain injury] A poorly timed or crafted settlement can leave you liable for thousands of dollars in medical bills. Our goal at California Attorney Group is to make you whole. This means our first goal is to assure the medical fitness of our clients and settlement of our cases second.

Brain Injuries

Most often brain injuries are caused by serious vehicle accidents, drastic falls, bus or train accidents, amongst other sever accidents. Every 15 seconds someone suffers a brain injury. The impact of a brain injury on someone's life can be devastating, but a brain injury attorney can help lessen the strain the brain injury has caused by recovering damages the brain injury patient is entitled to. Of all the injuries that an individual can suffer, brain related injuries are among the most frightening and the most deadly. At California Attorney Group, we can handle brain injury cases, and we know how traumatic they can be.

There are several different types of traumatic injuries that can damage the brain. A skull fracture occurs when the bone of the skull cracks or breaks. A depressed skull fracture occurs when pieces of the broken skull press into the tissue of the brain. This can cause bruising of the brain tissue, called a contusion. A contusion can also occur in response to shaking of the brain within the confines of the skull. Damage to a major blood vessel within the head can cause a hematoma, or heavy bleeding into or around the brain.

Traumatic Brain Injury

Traumatic brain injury, commonly referred to as TBI is sudden physical damage to the brain. The damage may be caused by the head forcefully hitting an object, such as hitting the wheel, window or dashboard of car (closed head injury) or by something passing through the skull and piercing the brain, such as a bullet or a knife (penetrating head injury). A closed head injury can also be experienced when the brain undergoes severe shaking or twisting, such as whiplash.

The common symptoms among adults are:

low-grade headaches or neck pain that won't go away
having more trouble than usual with mental tasks (e.g., remembering, concentrating, making decisions)
slowness in thinking, speaking, acting, or reading
getting lost or easily confused
feeling tired all the time, lacking energy or motivation
changes in sleeping patterns (sleeping a lot more or having a hard time sleeping) *
feeling light-headed or dizzy, losing your balance
increased sensitivity to sounds, light, or distractions
blurred vision, eyes that tire easily
loss of the sense of smell or taste
ringing in the ears
mood changes (e.g., feeling sad or angry for no reason)

Among children, the symptoms are:

listlessness or tiring easily
irritability or crankiness
changes in eating or sleeping patterns
changes in the way the child plays
changes in performance at school
lack of interest in favorite toys or activities
loss of new skills, such as toilet training
loss of balance, unsteady walking

Brain injuries can result from a number of different causes, with the leading causes being motor vehicle crashes, slips and falls, sports-related injuries strokes, anoxia, tumors, viral infections, degenerative diseases, near drowning, and other conditions not involving external force. Approximately 1 million Americans are treated and released from hospital emergency rooms each year as a result of TBI, and an estimated 5.3 million Americans are living today with some form of TBI-related disability.

Moreover, if you are in a car accident, you could have injuries such as Brain Injuries and Spinal Injuries. It is important for your attorney to understand the possibility of theses injuries and not overlook them. Many unscrupulous attorneys will push to settle their personal injury cases as quickly as possible to generate revenue for themselves. They will overlook symptoms such as simple headaches which could be an indication of a brain injury. A poorly timed or crafted settlement can leave you liable for thousands of dollars in medical bills. Our goal at California Attorney Group is to make you whole. This means our first goal is to assure the medical fitness of our clients and settlement of our cases second.

Michael E. Williams is the Chief Marketing Officer for California Attorney Group. Mr. Williams leads the Firms Marketing Department and serves as a consultant to the Firms management, practice leaders and partners focusing on business planning and new business development. He has successfully integrated marketing and business development systems, programs and behaviors into the Firm's culture and operations. For more information, visit http://www.californiaattorneygroup.com

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Understanding Social Security Disability Insurance Benefits

Many Americans have a limited understanding of the disability benefits available from the Social Security Administration (SSA). This federal government agency provides benefit programs to individuals with serious disabilities and to their families.

The Difference Between Social Security Disability (SSD) and Supplemental Security Income (SSI) Social Security Disability Insurance Benefits (DIB) are available to disabled workers who paid enough earnings into the Social Security system. SSA determines if you are eligible for DIB, based on your work history during the years before you became totally disabled. As a general rule, you probably have enough work credits to qualify, if you worked for 5 out of the last 10 years. The following factors determine eligibility for DIB:

  • Whether or not you have enough work credits to qualify for disability benefits.
  • Whether or not you have an impairment that has lasted, or is expected to last, for at least 12 months, or is expected to result in death.
  • The nature and extent of your impairment.
  • Your ability to engage in substantial gainful activity since your impairment began.
  • The date your disability began.
The family members of a person approved for Disability Insurance Benefits also may qualify for benefits, based on the disabled wage earner's SSA earnings. Furthermore, children and spouses of deceased individuals who accumulated enough SSA earnings prior to death may be eligible for benefits.

Supplemental Security Income Benefits (SSI) are provided to low-income disabled children and adults. SSA considers other benefits, savings, certain assets, and income of household members, to determine whether a claimant's income is low enough to qualify for SSI.

The following factors determine eligibility for SSI:

  • Whether or not your household income meets the SSI income limits.
  • Whether or not you have an impairment that has lasted, or is expected to last, for at least 12 months, or is expected to result in death.
  • The nature and extent of your impairment.
  • Your ability to engage in substantial gainful activity since your impairment began.
  • The date that your disability began.
Do I Qualify for Social Security Disability Benefits?

You must be totally disabled from employment and meet the Social Security Administration requirements for prior earnings.

As defined by the Social Security Act, a disability means:

Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death.

Therefore, you may be eligible for Social Security Disability benefits if you can answer yes to one or more of the following questions:

  • Do you have a severe physical or mental impairment that prevents you from participating in any type of gainful employment?
  • Do you have a disability that prevents you from working at any job, rather than just your previous employment? Has your disability lasted, or is it expected to last, for at least one year?
  • Is your disability life threatening?
Medical Evidence for Your Social Security Disability Claim The Social Security Administration requires evidence of the extent of a disabling condition before awarding benefits. To succeed in obtaining benefits, you must have a severe impairment that is shown by "medically acceptable clinical and laboratory findings."

Unfortunately, many illnesses may completely disable an individual, but remain difficult to diagnose. In these cases, an attorney can analyze your medical records to try to find the evidence necessary to prove that you have a serious disability.

If you or a loved was denied Social Security benefits, talk with an experienced Social Security lawyer today.

Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and in the U.S. District Court for the Eastern District of Michigan. She earned her Bachelor of Science degree at the Massachusetts Institute of Technology and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in workers compensation claims. She also was appointed by the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee. The Law Offices of Samuel I. Bernstein, our Michigan Social Security disability and personal injury law firm, has championed the cause of seriously injured Michigan victims for three generations.

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Auto Loan After Bankruptcy

In the past, people who had filed bankruptcy would not ever dream of getting a car loan. No financial company or bank would ever dare to extend a loan to people with poor credit, but now this is outdated, as there are more and more loan companies and they are ready to approve to these loan applications. It may surprise you, but it is easier to get approved for an auto loan, than for another kind of loan. As auto loans are collateral-based loans, and if you do not repay your money, the lender can use your car, or other type of vehicle as collateral against the loan.

The process of getting financing to purchase or refinance a vehicle after bankruptcy is a bit different from applying for a car loan with good credit. You will need to get approval from the trustee, who will handle your finances. To get this kind of approval you need to establish your expenses, also provide information about your current income. At last, give an acceptable explanation about the necessity of having a car. For example for taking kids to school, for transportation for work, or just some other serious reasons. After these provided information, the trustee will decide if you really need an automobile, and if you are capable to pay for your bad credit auto loan.

Auto loans after bankruptcy are very popular amongst people, because it is the easiest way to re-establish your credit soon. However, the downside is that it carries a very high interest rate, especially if your bankruptcy was recently discharged. Interest rate is very much depended on your credit score as well. If you have very bad credit, interest rate increases. For example if this rate is 9 or 10 percent, it may climb to 18% in case of having very bad credit. Nonetheless, if your credit score improves, you will have chance to refinance for a better rate.

The other option is to wait for a year or two to avoid high rates. During this period, you will pay most of your bills, your credit score will improve and then it will be possible to obtain an auto loan with fewer rates.

You should beware of unethical and shady lenders. Compare rates offered by different companies and find out the most reliable and reputable one. With this, you minimize the chance of being deceived, or use a service of an auto loan broker, for more financing options, as they have access to many lenders.

Learn more about auto financing service at WFS Financial

Alexander Anderson is an expert in the field of auto loan business. He runs a consulting company for several years.

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