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Personal Injury Due to Airplane Turbulence

Injuries due to airplane turbulence are extremely rare, although they do happen from time to time. Every year, a number of passengers get injured on airplanes. Some injuries can be minor, such as a cut or scrape, and others can even be fatal. The most common cause of in-flight injuries is baggage that moves inside the overhead compartment during the flight and falls on someone in cases of severe turbulence. Another common injury, slip and falls may occur when a passenger heads to the bathroom.

Passengers who suffer injuries during an airplane flight may get compensated for damages if a claim against an airline staff member, the Federal Aviation Administration, or the airline itself is submitted and any of the parties mentioned are found to be responsible for the injury.

What Causes Airplane Injuries

During flights, the baggage that is stored in the overhead compartments moves out of place and may fall on someone’s head when the compartment is opened. In other cases of turbulent weather, the compartments might open by themselves, and the luggage might fall on the passengers, causing injuries. Approximately 4,500 passengers get injured every year due to baggage falling on them.

Injuries on airplanes can also be due to food carts that are rolling in the airplane’s hallway that might ram a shoulder or hit a passenger in another way. There’s also the possibility of objects left around the cabin causing a passenger to trip and to get hurt.

The Federal Aviation Administration published statistics that state that every year 58 passengers are injured inside airplanes due to severe turbulent weather. This mostly happens if the passenger is not wearing a seatbelt.

Filing a Legal Claim Due to an In-Flight Accident

The legal implications of an in-flight accident personal injury claim will depend on who or what is found to be the cause of the accident. For instance, if the accident was found to have been caused by a careless or negligent act on the part of a staff member (pilot, ground crew member, flight attendant, etc.), then the airline or the staff member might be liable for damages.

Airlines are part of the category of common carriers, which means they are organizations that transport people for a fee. For these types of carriers, the law enforces a heightened duty of care. This entails a high degree of care and very thorough watchfulness of the aircraft and all the processes that are part of a flight. This duty of care is in effect while passengers are boarding, traveling, and getting off the airplane. Once a passenger is off the airplane, the duty of care ends. Individuals looking for compensation due to the negligence of an airline or airline staff member should seek immediate legal counsel from an experienced personal injury attorney in order to estimate whether the case is worth pursuing and what type of compensation can be expected. These cases can be extremely complex, thus legal help is absolutely necessary.

Personal Injury - 03/30/2015

Personal Injury – Understanding Defamation Claims

Defamation claims are those that are brought against someone who has spoken or written fallacious statements about another party that has caused damage to his or her reputation. In civil law, statements of this nature that are written are libel, and those that are spoken are slander. While it may sound like filing and winning a defamation claim is easy, it really isn’t. The victim in the case must provide proof that the defamation occurred, that the statements were untrue, and that damage was suffered as a result.

Establishing Proof

While each state may have its own defamation laws, there are some rules that typically apply across all cases. In order for you to prove that defamation has occurred, you will have to prove that the statement meets certain guidelines.

False

The statement--which can be written, spoken, gestured, or pictured--has to be false. You can’t bring a defamation claim against someone simply because they said something that you did not like, or did not want others to know. If the statement is in any way true, defamation can’t be proven.

Published

In the case of defamation, published means that someone other than you and the person who made the statement heard, read, or in some way saw what was said. This can occur through direct interaction, radio, television, speeches, newspapers, books, picket signs, gossip, or any other means that allows another person to become aware of the statement.

Unprivileged

The information in the statement, even if it is proven false, was made under terms that are deemed “privileged,” such as those given in court, in a judge’s chambers, or other similar circumstances. This ruling is in place so that people who are called to testify do not have to fear reprisal for the statements they make under oath.

Injurious

In order for defamation to be proven in a personal injury case, you will have to prove that the statement in question actually caused harm in some way. This can be in the form of being shunned in your community, dealing with harassment from the press, or losing opportunities for work as a result of the defamatory statement. If none of this can be proven, the statement will not be considered as bringing harm to you or your reputation.

If you are able to prove these four requirements, you still have not necessarily won the case. Courts typically review the circumstances and context surrounding when the statement was made, which can lead to two similar statements ending up with differing outcomes.

Another important element in defamation cases is that it does not matter if the person was mentioned by name. If there is sufficient evidence to support the belief that you were the person about which the statement was made, you may still have a defamation claim.

If you believe you have been the victim of libel or slander, and you want to see if you have enough evidence for a personal injury claim, you should contact an attorney to go over your information with you.

Personal Injury - 03/27/2015

Product Liability Personal Injury Lawsuit

Product liability is a type of personal injury lawsuit that is brought against a designer or manufacturer, and in some cases the seller, of a dangerous or defective product that causes injury to the user. Product liability lawsuits differ from other types of personal injury claims, and those differences are important.

Unlike most personal injury claims, which are based on negligence, most product liability cases are based on strict liability. Strict liability applies when a person is injured during the use of a product that has a defective or dangerous design. In this case, there is no burden to show proof of negligence, but only to prove that the product in question caused the injuries. There are three different categories that may be used in this type of lawsuit:

• Design Defects – These are flaws that are introduced during the initial design of the product. A defect can also be introduced during modification of the original design.
• Manufacturing Defects – This type of defect occurs when the design of the product has no noticeable flaws, yet something occurs during the manufacturing process or assembly that renders it dangerous.
• Marketing Defects – This occurs when a product does not have any flaws or defects, but is labeled in a way that does not provide needed information for safe use, or misrepresents the product’s real benefits.

Unavoidable Danger

There are some products that, by design, present danger to the user, yet would be ineffective or useless if this were not the case. For example, a lighter must create a flame in order to be useful. Since it is common knowledge that a flame is dangerous, and must be used with caution, as long as the label clearly states the dangers and proper usage, it cannot be considered in a product liability case. However, if the user was following all usage directions properly, and the lighter exploded, he or she may have a liability claim.

Strict Product Liability Defenses

As with any personal injury case, the “at fault” party will have a chance to defend themselves against your claim. The most common defenses are:

• The product was without defect in design, manufacturing, and marketing.
• The injured person knew that there was a defect that caused danger, yet still chose to use it.
• The injured person was using the product improperly, or abusing it during its use.
• The injured person either did not read the labels, or chose to ignore them.

If the manufacturer is able to show that any of these factors played a role in your injury, it will then be up to you to prove that those defenses are incorrect.
When trying to prove that a defect exists in a strict liability case, you will need to be able to identify the exact cause. As this process can be lengthy and expensive, it is best that you have a lawyer working on the case with you. He or she will be able to subpoena important documents, and assist with independent testing that may need to be done.

Personal Injury / Product Liability - 03/26/2015

The Basis of Personal Injury Claims

When you have been injured because of someone else, you may be considering a personal injury claim. In order to have a valid case, you have to be able to prove that the other party’s actions were actually the cause of your injury. The basis of a personal injury claim can be negligence, intentional wrong, or strict liability.

Negligence

Negligence is the most common basis for personal injury claims. In order to prove that negligence played a role in your injuries, you will have to prove four different elements:

1. Duty of Care – You have to show that duty of care was present, which means that in the situation, the other party had a duty to behave in a manner that would be reasonable for the situation. For example, drivers have the duty of driving carefully to avoid harming others, and stores must make sure there is nothing that can make a person slip, trip, or fall.
2. Breach of Duty – This is proven if the responsible party acted in a way that was unreasonable, such as by driving recklessly, manufacturing a defective product, or failing to clean up a hazard on the floor.
3. Direct Injury – You will have to prove that the actions, or breach of duty, were the true cause of the injuries you suffered. If someone runs a red light and hits you, his or her act of failing to stop was the direct cause.
4. Losses – You will also have to show that you suffered monetary loss due to your injuries, such as medical bills and losing wages due to being unable to perform your work duties.

Intentional Wrongs

Intentional wrongs are another potential basis for a personal injury claim. Intentional wrongs are actions that the other party did willingly, even though he or she knew injury was a likely outcome. This comes into play in cases of battery – even though it is a criminal offense, it can be a civil one, as well. Additionally, if the other person had knowledge that made it clear that the action might result in injury, it is considered intentional wrong.

Strict Liability

Strict liability is the basis for personal injury cases that arise due to the use of defective products. This type of case is generally brought against the manufacturer or designer of the product that caused your injury. The caveat in this situation is that you had to be using the product in the manner in which it was intended to be used at the time of your injury.

If any of these situations were in play at the time of your injury, and you suffered damages of some kind, such as medical bills, lost wages, or even pain and suffering, you may have a personal injury claim. While you always have the option of attempting to file your lawsuit on your own, it is always recommended that you at least consult with a personal injury attorney about your case. He or she will be able to help you determine whether you have a strong case, and whether you are entitled to any damages.

Personal Injury - 03/25/2015

Wrongful Death Claims

Wrongful death claims occur when a person passes away due to the negligence or willful harm of another person or entity. Family members of the deceased in these cases may be able to file suit against the offender and claim compensation for the wrongful death.

Types of Wrongful Death Claims

Some of the claims the survivors of the deceased may make for compensation are:

• The family members’ loss
• Lost wages, especially if the deceased was the family breadwinner
• Loss of companionship
• Burial and funeral costs
• Other intangibles, such as depression, pain, and grief

In the United States, wrongful death claims are quite new. Under the common law, which was brought to the U.S. from Great Britain, wrongful death lawsuits were not allowed and family members could not file these lawsuits. However, in the past hundred years, the federal and state courts determined that a wrongful death was a reasonable cause for a lawsuit, and that the survivors of the deceased had the right to pursue a lawsuit.

Types of Wrongful Death Cases

Wrongful death can involve a wide array of cases, for example:

• Fatal car crashes due to vehicle malfunctions or the negligence of another driver
• Medical malpractice or the willful negligence of a medical professional
• Fatalities due to poorly manufactured products or lack of proper warning signs on the product, etc.

Both individuals and companies can be liable for wrongful death. Government agencies can also be found legally at fault in some cases. A legal attorney representing the family of the deceased can file a claim with the court system. These are the individuals that can file a lawsuit for wrongful death:

• Immediate family members (spouse, children, parents of unmarried children)
• Financial dependents
• Life partners
• Putative spouses
• Domestic partners (in some states)
• Distant family members
• Anyone who suffered financially due to the death (in some states)
• Parents of a deceased unborn baby

There is immunity for employees of government agencies and the government agencies themselves. This means that some wrongful death cases may not qualify for a lawsuit against a government agency or an employee of such an agency. For example, there is immunity for cases of wrongful death claims due to railroad collision. This immunity varies from state to state, so it’s important to get in touch with a qualified legal aid to learn about each state’s law in this regard.

In order for a defendant to be held accountable in a wrongful death lawsuit, the plaintiff is required to meet the same burden of proof the victim would have had, if he or she had been alive. For example, in the case of medical malpractice negligence, the plaintiff would have to prove that the defendant owed the deceased a duty of care, that this duty of care was violated, and that the death of the victim resulted in damages from which the plaintiff is trying to recover.

The first step to filing a wrongful death claim is to contact a qualified attorney. Wrongful death lawsuits are very complex. An experienced lawyer in this area will be able to determine if the lawsuit is worth pursuing and can help gather the evidence to organize the case.

Wrongful Death - 03/24/2015

Understanding Your Role as an Executor

Discovering that someone close to you has named you as the executor of their estate can be overwhelming, and downright frightening to some. If you know that, though flattered, you absolutely do not want the responsibility, you can always make the decision to decline to accept the role. The following information will give you a better understanding of being an executor, as well as what you will need to do.

Serving as Executor

Each state has its own laws regarding executorship, especially if you will have to go through the probate process in the court system. Most states disallow anyone with a felony conviction to take on the role, and there may be specific laws governing out of state executors as well. If you are unsure whether you meet the requirements, you should consult an attorney or your local county office.

Your Role as Executor

It’s important to understand that most small estates do not require an executor, and you won’t need to handle funds, property, or assets that transfer to a beneficiary, or beneficiaries, according to the will. If you are named for a large estate, the following may be required of you:

• Attorney – While you don’t need a lawyer, if you are dealing with a significant estate, high estate taxes, or if you are concerned that there may be inheritors that will have disputes, you may want to hire one to help you with the process. You also have the option to hire the attorney to handle all of it for you if you would like to do so.
• The Will – You will need to file the will, and ask for confirmation that you are the representative of the estate from the probate court in the correct area.
• Notification – You will need to let beneficiaries know when the proceedings will occur, and inform creditors and government agencies of the death.
• Manage Assets – This means you will have to secure all assets pertaining to the estate, and determine whether anything will need to be sold.
• Banking – You will have to open an account for all monies that are received by the estate, such as dividends, pay, and other income.
• Handle Expenses – You will have to make sure that any mortgage payments, taxes, utilities, insurance premiums, and other expenses are paid as required.
• Handle Debts – You will have to make sure that creditors are aware of when the proceedings for probate are scheduled to allow them to make their claims.

Your final job in your executor role will be to handle the disbursement of assets to the appropriate beneficiaries and claimants. When that is complete, you will then ask the courts to close the estate.

Being an executor can be somewhat demanding, and if it becomes too much you can resign by notifying the courts, and giving them a record of what you have accomplished so far. Keep in mind that you can always hand the reins over to a lawyer if you don’t feel comfortable resigning. With a proper understanding of the requirements or the help of a qualified Estate Planning Attorney, you should be able to discharge your duties as the executor.

Estate Planning / Probate - 03/23/2015

Understanding Estate Taxes

When it comes to estate planning, many people worry about the estate taxes that their loved ones will have to pay. The reality is, most people simply don’t have to worry about this due to the overall value of their estate. Regardless of how much you think your estate is worth, it is important to understand how both federal and state taxes may affect those who receive your inheritance.

Estate, Gift, and GST Taxes

You should also be aware of what the types of taxes are that may apply to your estate.
• Estate Tax – This is a tax that is applied to the net amount of your estate. It is determined by combining the values of any cash, real estate, trusts, securities, annuities, assets, and business interests that make up your estate. Most estates do not meet the required value, which for 2015 is $5,430,000, and as such would not be required to file a tax return on the estate.
• Gift Tax – This tax is applied to any transfers of property that are made from one person to another, without the giver receiving anything in return. This tax may also apply in situations where items are sold for considerably less value than their actual worth. There are two separate gift taxes:
• Lifetime – This is the amount of gifts that are untaxed throughout your life, which is currently at $5.43 million.
• Annual – The annual gift tax is applied to gifts that total for than $14,000 in 2015.
• GSTT – The generation-skipping transfer tax was put in place to prevent people from leaving large amounts to grandchildren and other subsequently removed generations to avoid paying taxes. If the amount meets the set limits, the heir will be required to pay the taxes.

Federal Estate Taxes

Few people are actually required to pay federal gift, estate, or generation-skipping taxes due to the high thresholds required for the value of the estate. For 2015, the exemption limit is $5.43 million. This means that the value of your estate or any gifts made during your lifetime combined cannot exceed this amount without requiring the taxes to be paid. However, gifts that are made to education or medical providers, as well as transfers from one spouse to another, are not taxed.

State Estate Taxes

Even if your estate does not meet the requirements for federal estate taxes, it may meet the limits set by individual states. There are currently 19 states along with the District of Columbia that have state death taxes. The amounts of these taxes, and their requirements, change frequently, so it is always a good idea to verify the taxation limit of your estate each year to ensure that you plan accordingly.

State and federal estate taxes can be difficult to figure, and for the federal lifetime gift tax, it can require close monitoring of your finances each year. If you are trying to plan your estate and you meet the federal or state limits, you should consider contacting an attorney to ensure you manage your inheritance and trust designations properly.

Estate Planning - 03/20/2015

Understanding Chapter 11 Bankruptcy Laws

The American Business Institute recently proposed an overhaul of Chapter 11 bankruptcy in order to make filing easier for businesses in the United States. Chapter 11 is a chapter in the Bankruptcy Code. It is a form of bankruptcy that is only to be used for businesses and corporations, and it is not for individuals. Chapter 11 requires a business to restructure the company in order to pay back its creditors.

There are three types of bankruptcies that businesses can file for, which are:

• Chapter 7
• Chapter 11
• Chapter 13

Each of these bankruptcy chapters have their own sets of rules and are to be considered based on the actual situation of the filer. For example, a Chapter 13 bankruptcy may be helpful to individuals who can afford to repay debt by making payments. Sole proprietor businesses can also file for Chapter 13 bankruptcies.

If a business is in such financial distress that it cannot recover from its debts, the owners may want to instead file a Chapter 7 bankruptcy. This chapter allows both business entities and individuals to annul their debts by liquidating assets. A trustee sent by the court system supervises this process.

Lastly, there’s the option for businesses to file a Chapter 11 bankruptcy. This should be the chapter of choice if the business owner would like to continue to run the business but needs to restructure its operations. Chapter 11 bankruptcies can be extremely complex, yet they can give a business owner the relief the business needs.

What Chapter 11 Bankruptcies Entail

The first step when filing for Chapter 11 bankruptcy is to send the court system a restructuring plan for the company. This plan is then submitted to the creditors and they are given a vote on the plan. When the creditors review and approve the plan, and the court system also approves the plan, the court would then assign a trustee to oversee the process of reorganization. In some cases, this process can take up to 20 years or more.

In the event that the court does not approve of the bankruptcy plan a company submits, the business is required to write up a new bankruptcy plan and to resubmit it. This approval can take a year or even longer in some cases.

The American Bankruptcy Institute reviewed the Chapter 11 bankruptcy laws and proposed changes in order to make the bankruptcy process easier on business owners. The organization proposed four major changes, which are the narrowing of applicability to leveraged buyouts, the narrowing of the repossession safe harbors, the conforming of the Bankruptcy Code with the Federal Deposit Insurance Act and the Dodd-Frank Act's Orderly Liquidation Authority Standards, and clarifying that the safe harbors should not affect the company’s ordinary supply contracts. These changes have not all been put in place yet, but could be of great benefit if enacted.

Bankruptcies are a life-changing experience for individuals and business owners who choose this method of debt relief. While it can lift a huge burden off the shoulders of citizens and entities, the services of a qualified attorney are vital to ensure the process is done correctly.

Bankruptcy - 03/19/2015

Understanding Bankruptcy Discharge

Bankruptcy discharges occur in Chapter 7, 11, 12, and 13. Each chapter has its own terms and exceptions, but the basic principle is that debtors will no longer be required to pay back the amounts owed on certain debts. Once these debts are discharged, creditors are no longer able to contact or attempt to collect on those debts.

Discharged Debts

To be clear, not all forms of debt are discharged during a bankruptcy. The debts that are allowed to be discharged under the bankruptcy laws pertaining to each chapter vary. However, there are also debts that cannot be discharged. These debts are those that are accrued due to unlawful behavior, or because of the overall nature of them. For Chapters 7, 11, and 12, these include:

Tax claims
Child support
Alimony or spousal support
Governmental penalties or fines
Debts originating from malicious or willful injury to a person or property
Benefit overpayments
Student loans
Personal injury debts due to DUI
Tax retirement plans
Cooperative or condominium housing fees

There are other debts that may be ineligible for discharge depending on the chapter of bankruptcy filed. Additionally, any debts that are not reported at the time of the filing cannot be discharged either.

Requirements for Discharge

The requirements for being able to discharge debts vary with each chapter. Chapters 7 and 13 require both pre-bankruptcy credit counseling, and pre-discharge counseling. Pre-bankruptcy counseling is designed to assist debtors in determining whether they can control their debts without filing. This consultation is handled by nonprofit credit counseling agencies, who help you figure out if there is an option for repayment that will not add to the debts you already owe. This course must be completed within 180 days of the time you plan to file for debt relief.

The pre-discharge counseling occurs prior to the discharge, and must be completed within the 45-day period after the creditors’ meeting for Chapter 7, and before you make the last plan payment in Chapter 13. This course assists with budgeting and financial planning, which is vital to helping prevent the same issues in the future.

In Chapters 12 and 13, the debtor must complete all required payments under the filing before the remaining balances of the debts will be discharged. In all cases except Chapter 13, creditors may be allowed to object to the discharge in an effort to claim more of the debt that is owed.

It is also important to understand that discharges can be revoked if there is cause to believe that the debtor did not disclose all property and income, or if other fraudulent activity is suspected. In these cases, the courts will investigate the allegations, and if they are found to be correct, discharge will be revoked.

Bankruptcy is not easy to deal with, but for most, the goal is to reach the discharge by meeting all requirements. Failing to do so can result in dismissal, which causes the debtor to revert to owing all debts in full.

Bankruptcy - 03/18/2015

Types of Bankruptcy

When debts get out of hand, debtors often seek bankruptcy as a means of getting them under control. There are six different types of bankruptcy available, but all of them allow one of two methods of controlling debt: either discharging or restructuring. Discharging means that the filer’s assets are sold and a portion of the debts are paid off, with the rest of the balance being charged off. Restructuring involves a repayment plan that is agreed to by the creditors. The type of bankruptcy filed generally depends on the situation, who is filing, and the circumstances surrounding the filing.

Chapter 7

Chapter 7 bankruptcy is available to both individuals and businesses, and is a liquidation of assets. This process has exemptions as to what property is sold in an effort to pay off the debts. Your filing is handled by a court-appointed bankruptcy trustee who attempts to collect as much as possible from non-exempt assets in order to pay the creditors. The remaining balance is then charged off. This type of bankruptcy is available to those who have undergone credit counseling, have not had a discharge within six to eight years, and whose income to debt ratio precludes a Chapter 13 filing.

Chapter 11

This is a reorganization bankruptcy that provides a means of restructuring debt so that the payments can be managed more easily. Debtors are not required to surrender assets, which is why many organizations choose this option. They will not have to shut down, and can still function at full capacity while making their payments. Instead, they have to develop a plan that will prevent the same thing from happening again. Chapter 11 is the most complex and is in place for small businesses that are LLCs, corporations, or partnerships, and for those who don’t qualify for Chapter 13.

Chapter 12

Chapter 12 bankruptcy is for those considered family fishermen and family farmers. Under this law, which is designed specifically to address the needs of those whose income is generated by commercial farming and fishing, the debtors develop a plan that will allow them to pay off creditors over a three to five year period. If the debtor misses payments, the bankruptcy will be dismissed, or converted to a Chapter 7 liquidation.

Chapter 13

Chapter 13 bankruptcy is the most common debt relief option, and allows debtors that have a stable source of income to develop a repayment plan. The plan will last from three to five years, and allows for the debtor to keep all assets. In order to file Chapter 13, secured debt is capped at $1,149,525, and unsecured is capped at $383,175. Those filing will also have to undergo credit counseling.

Chapter 9

Chapter 9 is a federal option designed for municipalities.
Bankruptcy is never as easy decision, and it is one that will have an effect on your credit for several years. If you are considering debt relief to get a handle on the bills you owe, contact a bankruptcy attorney in Las Vegas for more information.

Bankruptcy - 03/17/2015

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