July 18, 2021
Products Liability
Defective Product Lawyer
A plaintiff who is injured by a defective product may bring a products liability lawsuit under a theory of strict liability or negligence. Under either theory of liability, a plaintiff will need to prove that the product was defective in at least one of three ways. The three types of defects are manufacturing defects, design defects, and marketing defects. Additionally, a plaintiff may be able to bring a lawsuit for a defective product under a breach of warranty theory. Regardless of the type of claim a plaintiff chooses, they will also be required to prove that the defect caused their injury.
Manufacturing Defects
A manufacturing defect is present when a product departs from its intended design due to a problem with the way the specific item was made. Thus, a manufacturing defect causes one product to differ from all of the other products in its line. This may occur because of a mistake on the assembly line or contamination at a processing facility. For instance, a worker might use an incorrect bolt to fasten the legs to a chair, making the chair defective due to its manufacturing, rather than its design.
Manufacturing defects differ from design and warning defects because they affect only one or a few of all of the products produced, while design and warning defects affect all of the products in a line. Manufacturing defects are therefore relatively rare. To prove a manufacturing defect, a plaintiff will have to show that the product was dangerous when used as intended and that the product would have been safe if it were manufactured according to its intended design.
Design Defects
A design defect is present when an entire line of products has an inherent flaw in their design that makes them unreasonably dangerous to consumers. Design defects occur even though no errors were made in the manufacturing process and no products deviate from their intended design. Design defects may result from a failure to take foreseeable risks into account when making the blueprint or specifications for the product.
Examples of design defects include SUVs that are prone to rolling over, medical devices that have a propensity to fragment inside patients’ bodies, and pesticides in which the main ingredient is carcinogenic. Often, a plaintiff will need to hire an expert to help establish that a product had a design defect. Proving a design defect typically involves showing that a safer alternative design was available at a reasonable cost.
Marketing Defect (Failure to Warn)
Marketing defects are also referred to as failures to warn. Marketing defects occur when a manufacturer fails to give adequate instructions about the product’s use or fails to warn consumers about a product’s inherent risks. Manufacturers are not required to warn about obvious risks but must warn about others that are unavoidable in using a product. Marketing defects often arise in pharmaceutical cases when drug manufactures do not list the side effects of a medication on the bottle.
To prevail under a marketing defect theory, a plaintiff must show that the manufacturer knew or should have known of the product’s risk, that the risk presented a danger to consumers even if the product was used as intended, that consumers likely wouldn’t discover the danger, and that the manufacturer failed to provide adequate warning of the danger. Further, the plaintiff must have been using the product for its intended use or misusing it in a predictable manner. If the plaintiff was using the product in a manner that was not reasonably foreseeable, the manufacturer will not be liable for failure to warn.
Breach of Warranty
A plaintiff may sue for breach of express or implied warranty. Breach of express warranty occurs when a product is sold with a written warranty and fails to comply with the terms of that warranty, thereby injuring the consumer. Express warranties are often contained in labels, packaging, manuals, or advertising for the product.
Breach of implied warranty usually concerns the implied warranty of merchantability, which warrants that a product is safe for its intended use. Breach of implied warranty might also arise from the implied warranty of fitness for a particular purpose if the seller knows that the consumer will be using its product for a specific purpose.
If you have questions about a case, contact a defective product lawyer, like one at The Law Office of Eglet Adams for information about your situation.
July 17, 2021
Filing for Divorce – The Basics
Over the past several decades, divorce has all but lost its stigma. This is due, in large part, to the fact that an individual’s opportunity to live happily and in healthy ways outside of an unhappy marriage have come to be valued more significantly by society as a whole than the urge to remain together at all costs. No matter your reason for divorce, it is essential that you know the proper steps to take when filing for a divorce. With these tips in mind, you can make informed decisions about your situation and can progress through this phase of life plagued by as little stress overall as is possible under the circumstances.
Hire a Family Lawyer
When you decide that you want a divorce (or learn that your spouse wants one), the first thing you should do is hire a family attorney. Choose someone who has specific experience in divorce law. This way, you can expect a better outcome for your case. Choose someone whose reputation and approach to client representation matches your unique needs, goals, and priorities for your divorce process.
Submit Necessary Documents
For a married couple to obtain a legal divorce, one or both parties must file certain documents with the court. Your attorney will help you file all necessary documents. One or both spouses will need to file a divorce petition. In the petition, the person must state the reason for divorce. There are fault and no-fault divorces, and the type you file for will depend on your specific situation. There are pros and cons of both types, so be sure to discuss the differences with your attorney.
Notify Your Spouse
After you file your divorce petition, you must serve the divorce papers to your spouse if they did not file with you. At this point, the party receiving the petition can contest the divorce. As an experienced divorce lawyer – including those who practice at The Law Office of Daniel Wright – can confirm, acting quickly to respond to a divorce petition is critical, as waiting too long may limit your opportunity to receive a fair divorce settlement.
Reach a Settlement
Once both parties have agreed to the divorce, negotiations can begin. (If the divorce is contested, it will need to be litigated.) Each party’s legal team can negotiate to reach a settlement with which everyone is satisfied. If this proves to be impossible, a judge will rule on the case in court. It is less expensive and less time-consuming to settle outside of court, but for better and for worse, that is not always possible.
Divorce can be an emotionally draining process, but it can be much easier with the right legal team on your side. If you are considering divorce and needing legal guidance, contact a family lawyer today to discuss your options.
July 14, 2021
Navigating Your Car Accident Case
Hiring a Car Accident Lawyer
Any accident that occurs to someone can be a tough thing to experience. When someone causes a car accident out of their own fault and negligent actions, this can lead a person into a difficult period of their life. Understanding who pays for doctor bills following an accident and whether or not your car will be paid for by insurance can be stressful. If you have just recently been in a car accident, then understanding how to proceed is especially crucial in these times. Legal counsel on your side can help shoulder the difficult situations that may arise following the accident. They can help with a variety of different aspects of car accident cases and can help people receive the compensation and damages they deserve when the accident was not their fault.
Main Reasons to Hire a Car Accident Lawyer
One of the main reasons that someone wants to hire a lawyer is so that their potential settlement in a case has the best chance of reaching the maximum. Some of the other key reasons include:
- Ensuring that your rights are not violated: A lawyer knows the different tactics that individuals and insurance companies take following accidents, which is why having their advice and service is crucial to ensure that rights are not being violated.
- Navigating state and local laws: The law can be tricky and contain numerous details that are hard to fully comprehend. That is why an experienced lawyer is so valuable to have to help explain these laws.
- Acting as firm and professional support: Having support from strong legal counsel is crucial to have the confidence of continuing a case and reaching the settlements you desire.
- Being your chief strategizer: None do it better than lawyers when it comes to building strong personal injury cases.
These are just a few of the main reasons why it’s beneficial to hire legal counsel to assist with a car accident case.
Navigating Your Car Accident Case
Car accidents are difficult to navigate alone based on the nuances and complexities that can come about. Consider contacting the services of an experienced and skilled car accident lawyer in your area, to secure the compensation and damages you deserve for your injuries and property damage. Lawyers understand the different things that can come up in a case and know how to answer those challenges. That is why many people turn to legal counsel when they are involved with a car accident case and want to get what they deserve in that case. If someone else has led you to receive injuries and damage to your property then you should be entitled to receiving compensation for that.
July 12, 2021
Do You Need to Hire a Lawyer if You Are Going Through an Amicable Divorce?
You may think that if you and your soon-to-be ex spouse are on the same page with the divorce, that you do not need to hire a divorce lawyer to help you throughout the process. This is an enormous mistake many couples make when going through the divorce process, especially if they have children or a large amount of assets. Make sure to contact a divorce lawyer in Colorado, like a divorce lawyer from Zweig Law, PC Attorneys at Law, as soon as you and your spouse decide that you are getting a divorce. You do not want to agree to any terms without speaking with a legal expert on this matter.
Child Custody Can Be Complicated
If you have children, you absolutely need to have a good divorce lawyer on your side. You and your ex-spouse may agree on the terms of how the children will be cared for, but if anything becomes different and one of you decides you want to make a change, it can be very difficult to resolve any issues without having legal documentation written about how to care for your children. You have rights as a child’s parent. Make sure you protect these by retaining the assistance of an experienced divorce lawyer. You can discuss things like when you want to have your children at your home, who takes which responsibilities, and you can figure out whether or not your ex needs to pay child support. Things can quickly go south if you do not have an organized plan on how to coparent. Divorce lawyers know how to make things as civil as possible, and more important, smooth on the children.
Your Assets Need to Be Protected
You have rights after being married to someone. Splitting things like a home and other large assets can be complicated, which is why it is important to enlist the assistance of a good divorce lawyer. You need someone who will be on your side, especially if your soon-to-be ex spouse has a lawyer of their own. This will ensure that you are not left with nothing after the divorce. Every state has different ways of splitting up assets, and a lawyer who lives near you will know what you may be entitled to. Even if you signed a prenuptial agreement, it is still important to hire a divorce lawyer to see if anything can be done to have claim to some of the items you shared as a couple.
Contact a Divorce Lawyer Right Away
Do not hesitate to contact a divorce lawyer as soon as you realize you are going to be going down this road. It is not petty or will not cause trouble. It is a smart move that will protect everything that you have in your life. Your ex should understand, as he or she will likely want their own lawyer anyway. You should never try to share a lawyer with your soon-to-be ex. You each need your own to look out for your own interests.
July 7, 2021
Medical Malpractice Lawyer
Medical Malpractice Lawyer
Medical malpractice is negligence on the part of the doctor medical professional that occurs during the course of treating a patient in some manner. A medical plan participation or personal injury lawsuit brought by a patient to recover compensation for damages they’ve sustained as a result of being treated by a doctor or medical professional.
If you or a loved one has been treated by a medical professional and you are worse off because of your treatment and you may have gone to a medical malpractice case, but you need to understand that there are four things that must be proven in order for you to win a medical malpractice case. Medical malpractice lawyers will be able to better explain what must be proven when a malpractice case.
While doctors are human and they are not expected to be perfect, they are expected to be reasonably competent. They go to school for so many years to learn how to be a doctor, so they must be competent enough to meet the standard of care expected of a competent doctor. So if you are filing a medical malpractice case then you and your lawyer need to find a medical expert who is willing to testify to what the reasonable standard of care is for medical care that you have received. The medical standard of care can be altered a little bit depending on the type of treatment that you are receiving, as each treatment has different standards that it must meet and expectations that it must be used to meet.
You must also prove that the doctor breached the above-mentioned standard of care. So you must have proof that your doctor performed the surgery or did something or prescribed something a reasonably competent doctor in the field would not have done for your type of disease, disorder, or injury. Or that the doctor did something that a reasonably competent doctor should’ve known to do, the standard of care and breach of the standard of care taken together proves negligence on the part of the doctor but this is still not enough to win a medical malpractice case by itself.
You have to be able to prove causation, this means that the doctor’s breach of the standard of care actually caused the injuries you have suffered, in some cases the doctor might have breached standard of care but that breach did not cause your injury or worsen. And in that instance there is no case you will win.
An example of this is that everyone knows that doctors are supposed to wear latex gloves, not wearing these gloves is a breach of the standard of care; however, it would be very difficult to establish a clear link between the doctor not wearing those gloves and operating on the wrong leg. However, a direct causation link to the doctor not wearing gloves in your infection would be easier to prove.
The last thing that you and your medical malpractice lawyer need to be able to prove is his damages. You need to prove that the nature and severity of the injuries have prevented you from earning a living and the medical costs that are associated with treating your injuries and rehabilitation are too much for you to take care of.
June 30, 2021
In a Car Crash? Here’s What You Need To Know
Car Accident Lawyer
Being in a car crash can be a stressful experience that leaves people with their lives tossed upside down. Even minor collisions can still cause injury and result in financial loss. Victims of car crashes are encouraged to take these steps after a car accident to protect their best interests:
See If Anyone is Hurt
Do not leave the scene of a car accident, even if it’s only a minor one. The priority is safety and health, as all else can wait. Make sure every person is okay and wait for emergency medical assistance if needed. Even if you think you are not hurt seriously, you could be, so always accept medical attention just in case.
Move the Vehicle Out of Danger
Depending on where the cars landed after impact, they may be in the way of other drivers. The situation will only get worse if a second accident was caused because of the aftermath of the first. Once your health is confirmed to be stable, move your vehicle out of the way off to the side of the road.
Call the Police
It is important to call the police so a report of the accident can be written. However, keep in mind that some places won’t send out an officer unless a person was hurt in the accident. Once an officer arrives, get their name, contact information, and badge number. You can follow up on the days after to get a copy of the accident report.
Collect Driver Details
As you are taking pictures or video of the car damage, scene, and visible injuries, be sure to talk with the other driver and get his or her information. Write down their name, driver’s license number, phone number, address, insurance company name, and policy number. Then, get the vehicle details such as make, model, year, color, vehicle ID number, and license plate number.
If you were hurt after a recent car crash, contact a reputable car accident lawyer as soon as possible.
June 30, 2021
3 Common Birth Injuries
Birth Injury Lawyer
Having a new baby is a time of anticipation. However, this joyful event may turn sullen if something happens that causes the baby harm.
As a birth injury lawyer in Kansas City, MO from a firm like Royce Injury Attorneys LLC can explain, the most common reasons for birth injuries revolve around intervention measures. A baby who is large or not turned properly may need earlier intervention in the delivery process. Unfortunately, this does not always happen, and the result may be an injury. Read on to learn about three common injuries a baby gets during delivery.
1. Collarbone Fracture
While a vaginal birth is a woman’s most preferred delivery method, various factors may make it more likely to injure the baby. If contractions are not forceful enough, the baby may progress down the birth canal. In instances where a baby needs help, a doctor usually steps in and assists. This may include the use of tools, such as forceps or even manual manipulation with the hands. The shoulders are the largest part of a baby, and sometimes squeezing the baby in one way or another may end in a fracture to the collarbone. Babies with this injury need time for the bone to heal.
2. Lack of Oxygen
One of the most serious indicators after birth is evidence that the baby was without oxygen. The symptoms of hypoxia include:
- Weak or no crying
- Blueish skin tone
- Poor reflexes
- Little to no muscle development
Oxygen deprivation may be due to several factors, but the most common is that the oxygen supply was cut off during labor and delivery. If a mother’s cervix doesn’t dilate quick enough and the baby is without amniotic fluid for too long, it can cause distress, and oxygen will not get where it needs to. The umbilical cord being kinked is also a frequent cause of oxygen deprivation. Too much time without oxygen may result in permanent brain damage.
3. Cerebral Palsy
Cerebral palsy is a serious condition that affects a small percentage of newborns a year. While the exact cause of the condition is not known, it is tied heavily with birth events. Fetal or maternal distress is a common denomination in children with cerebral palsy, as is an overall difficult birth. Cerebral palsy affects the baby’s muscles and nerves, making for frequent spasms and underdevelopment. While some surgery may help ease the symptoms, there is no cure for cerebral palsy. It requires a lifetime of medical care.
If someone suspects their baby has suffered an injury at birth, a birth injury lawyer may know how to help. Since some of these conditions need long-term care, getting the financial security to administer it is something new parents want to pursue.
June 29, 2021
Mistakes Parents Make During a Child Custody Battle
Child Custody Lawyer Vail, CO
Going through a custody battle can be one of the most stressful and overwhelming times of your life. Your life and your children’s lives are in the hands of the court. If you have a vindictive ex-spouse, he or she may try to limit your time with your children or fight for sole custody. If this is the case, consult our child custody lawyer in Vail, Co on the best course of action. Remember the court ultimately decides the legal custody and physical placement of your children.
When it comes to your custody battle, there are a few mistakes that you should avoid at all costs.
1. Do Not Fight With Your Spouse
Try to avoid any verbal altercations with your former spouse. A divorce and custody battle can result in a lot of high, negative emotions. It may be easy to find yourself arguing or fighting with the other parent of your children. Unfortunately, if you shout at your ex or start any altercation, the judge may look unfavorably at you for it. Additionally, make sure that you do not get into arguments in front of your children or badmouth the other parent. In some cases, the judge will question the children and you do not want there to be any reason for the judge to make a ruling against you.
2. Avoid Denying Your Ex Time With Your Children
You may have reasons to believe that your children shouldn’t be with your spouse, but you cannot interfere with his or her visitation or time with the children. You cannot deny reasonable contact with your children. Now, if you feel like your former partner is a danger to your children, you should discuss your fears with the court as soon as possible. In some cases, you may be able to receive a restraining order against the other parent.
3. Do Not Travel Without Notifying Your Ex
If you plan to take your children on a trip, make sure you talk with your spouse. Even if it is your time with the kids, you should always let him or her know that you plan to take a trip. Your spouse may not be able to stop you from going, but he or she does have a right to know where the children are. If he or she feels like you are keeping the children away, it could harm your case.
If you’re going through a custody battle, it is important to remain civil and listen to the judge. If you want to ensure that you have a fair deal in the custody battle, consult with our child custody lawyer in Vail, Co as soon as possible. At Zweig Law, PC our child custody lawyer in Vail, Co is ready to help you in your custody battle.
June 29, 2021
What is allowed in guardianship, and what is not?
Family Law Attorney
Guardianship is the appointment of a person by the court to exercise control or part of all of an individual person or property. The court is going to appoint someone to be your guardian when you are found to lack the capacity to take care of yourself and cannot exercise control over your property or yourself. The person who is going to be appointed by the court to care for somebody in the situation is referred to as a guardian. The person who lacks capacity is referred to as the alleged incapacitated person until guardian is appointed. Therefore after the incapacitated person is referred to as the ward of the guardian.
There are two forms of guardianship in most states. Limited guardianship or general plenary guardianship. Limited guardianship is granted was some but not all decisions about matter involving residents, education, medical, legal assistance, vocational needs or financial management need to be made for you. General guardianship may be granted for those individuals who are incapable of making any decisions on their own as according to the court.
Guardianship can be granted to a family member or any person of an interested party. Often times, the Bureau of Guardianship Services under the Department of Human Services can receive guardianship as well. The petition to determine capacity is going to be filed with the probate court in the county where the alleged incapacitated person live. In the petition to determine capacity has to state the name, age and address of the alleged capacity to person as well as the person who is petitioning the probate court. This form should also indicate the relationship that the petitioner has with the alleged incapacitated person in the primary language spoken by the incapacitated person.
In addition the petition has to be able to give the names and address of next 10, the name of the alleging the past person’s position known and any other witnesses who are able to confirm that the person is incapacitated. The petitioner must stay underground for the belief the alleged incapacitated person lacks capacity, and further the law is going to require the petitioner to identify which rights the alleged incapacitated person is incapable of exercising such as the right to marry, vote, travel or maintain a driver’s license. The petition must be signed under an oath.
If you believe that you have been on right fully incapacitated and granted a guardian, you should reach out to a family law attorney, such as the ones available at Hurst, Robin & Kay LLC. Your family law attorney is going to be able to determine if you have been wrongfully placed as someone’s ward. They are going to also be able to help guardians fully protect their wards legally.
Whether you are a guardian or a ward, you should take a moment to speak to a lawyer and fully understand the situation that you are in.
June 28, 2021
Hit And Run Injury
Hit And Run Injury Attorney
Hit and run mishaps can be the most noticeably awful. In addition to the fact that it is disappointing to realize that the individual that is more so to blame for your vehicle’s damages, perhaps able to leave with no responsibility, they likely left the scene and left you with wounds you might need to cover yourself because of the absence of information being their insurance. This doesn’t generally mean you are going “up the creek without a paddle”, with the right legal assistance you will have the possibility to be compensated for both your property damages and actual wounds.
In these cases, this is when it is great to have what is called uninsured motorist coverage with your insurance. Your insurance company will figure out what you recuperate in damages relying upon the degree of your wounds and property damages. Keep in mind, nonetheless, that Personal Injury Protection doesn’t cover property damage and you will need to have specific coverage for any harm done to your vehicle.
Sadly, to receive the damages in a hit and run accident, you will probably need to discover the individual liable for the mishap, regarding their leaving the scene. On the off chance that you can’t do this, this is where your uninsured protection comes in, which many individuals don’t realize they need until it is as of now past the point where it matters. This insurance inclusion pays for the misfortunes and damages brought about by an uninsured or underinsured party, which is comparable to a party that didn’t give protection information due to running away from the area of the incident.
Lucky for drivers, once you include the police, many hit and run victims actually may be able to accumulate relevant data just by simply seeing a tag number, or anything remarkable to the vehicle or driver involved in the incident. Despite the fact that there will be a surge of adrenaline going through you, attempt to assemble as many subtleties as possible: incomplete tag numbers, make, model, and color of the vehicles are the whole subtleties that can help while seeking after the driver. Search for and talk with witnesses, and take photographs of the scene and as much damage as you can.
There are a few reasons drivers run away from the location of a hit and run, and almost certainly, they can’t stand to pay for the damages caused, or are not insured. So it is ideal to talk with a gifted personal injury attorney with experience in these sorts of cases. Thus, you extend your odds of being made up for damages and wounds that you will be unable to recuperate from all alone. A skilled hit and run injury attorney in Atlanta, GA will actually want to utilize all assets accessible to you to ensure you get what it is that you deserve.
You should call The Law Offices Of Andrew Lynch one of the best attorneys group.