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Statute of Limitations. What Does it Mean for Your Mesothelioma Lawsuit?

Law and litigation present a number of challenges to anyone —whether you are the person bringing the lawsuit (the “plaintiff”) or the person defending it (the “defendant”). Sometimes it can feel as though the injured plaintiff has more challenges to meet in bringing a case than the defendant who is accused of being negligent. When it comes to certain legal proof and procedures, that may indeed be true. Take, for instance, the statute of limitations. What is the Statute of Limitations? In law, when you are damaged or wronged by another person, you have a limited amount of time to pursue your legal rights. If you do not act on your...

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A Common Cause of Car Accidents—and it’s not Texting and Driving

After the invent of cell phones and texting, one of the major causes of car accidents is “distracted driving.” While “distracted driving” can also refer to eating, brushing your hair or putting on your lipstick while driving, it has more commonly come to mean texting and driving. And while texting and driving is known to be even more dangerous than drinking and driving, there is another cause of driver error that is even more dangerous and more common. What is it? It’s driving while you are tired. Drowsy Driving Driving while fatigued is a major cause of motor vehicle accident collisions. Many people underestimate just...

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The Importance of Trucking Logbooks

When two passenger cars get into an accident, things are generally pretty straight-forward. The parties exchange information, the police are called and make a report, pictures are taken, and the names and addresses of any witnesses are taken down. All of this later is used to investigate which driver was at fault (or to what degree each driver was at fault) and for evidence in a later claim or lawsuit. But when there is an accident between a passenger car and a commercial truck, like an 18-wheeler, tractor-trailer or other big rig, nothing is that simple. Trucks and the Federal Law Commercial trucking...

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3 Things That Can Cause A Commercial Truck to Jackknife

We share the road with commercial trucks every day. Our national economy relies on commercial trucking and truck drivers. But there’s no getting away from the fact that big rigs can be dangerous. A crash between a passenger car and an 80,0000 ton truck can mean catastrophic injuries or even death. Nor are trucking crashes limited to affecting only one passenger car. There are times when a truck accident can involve multiple cars. As when a tractor-trailer jackknifes. Jackknifing and Tractor-Trailers When an 18-wheeler or tractor-trailer skids, and the trailer swings out onto the side of the cab, forming an “L” or “V”...

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What is Spoilation of Evidence?

People don’t always play by the rules. Especially when to do so will cost them a lot of money. Take personal injury cases, for example. In some personal injury cases, the victim’s injuries can be catastrophic and the defendant’s negligence (carelessness; breach of duty) can be clear. Which means, if there is clear evidence showing that the defendant was negligent, it is going to cost him/her a lot of money if a judge or jury find him liable. So what happens? Well, sometimes, a defendant facing a pending lawsuit will either destroy or not save the damming evidence. When evidence that is important to...

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Airplanes Have Them and So Do Commercial Trucks. The Commercial Truck Black Box.

In the (thankfully) rare instances when an airplane crashes, airline companies and the federal government need information to find out what went wrong, to prevent it from happening again. They do this by means of a “flight recorder” also known as a “black box.”(Why this is so when flight recorders are actually orange, is anyone’s guess.) A flight recorder is an electronic recording device that is in the aircraft. Its purpose is to record the airplane’s flight history. In the event of a crash, the information on the flight recorder can assist officials in investigating the cause of the crash. Commercial Trucks...

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Disability Hearings and Vocational Experts: What’s it All About?

Most claims for Social Security Disability Insurance (“SSDI” or “disability benefits”) are denied by the Social Security Administration (“SSA”). In fact, the SSA is known to deny more than half of all disability claims submitted to it. It is also well-known that the road to disability benefits is a long, complicated and confusing one. Which is why, if you are thinking about applying for disability benefits, you should hire disability counsel to assist and represent you. Because most disability claims are denied initially and after reconsideration, many applicants do not see any success unless they appeal the denial of their claim to...

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What To Expect At A Disability Hearing

If you are applying for Social Security Disability Insurance (“SSDI” or “disability benefits”) from the Social Security Administration (“SSA”) you probably should not expect to be awarded disability benefits either after initially applying or even after reconsideration. With very few exceptions, most disability applications are denied both initially and after reconsideration. However, your chances of qualifying for disability benefits dramatically improves—especially if you are represented by counsel— at the hearing level. In Georgia, about 62% of all disability claims are approved after a hearing before an Administrative Law Judge (“ALJ”). What Happens at a Disability Hearing The administrative hearing is your (and your counsel’s)...

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What Are FICA Taxes and How Do They Affect Your Disability Benefits?

If you are permanently disabled and need financial assistance, you might want to consider applying for Social Security Disability Insurance (“SSDI” or “disability benefits”). SSDI is not a relief system for partial or temporary disabilities or illness. Instead, it is designed to give U.S. workers some financial assistance if they are permanently disabled and unable to work. Qualifying for SSDI To qualify for SSDI benefits, you must meet the strict requirements of the Social Security Administration (“SSA”).  This means that in addition to meeting the SSA’s definition of “disabled,” you must have worked long enough and have paid into the federal tax...

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Emerging Treatments for Mesothelioma

Mesothelioma is an aggressive cancer that is caused by inhaling asbestos fibers that lodge in the lining of the lungs, abdomen or heart. For decades, the treatment of mesothelioma has remained the same: consisting of a combination of surgery, chemotherapy and radiation. Surgery Surgery has long been the generally accepted means of improving a mesothelioma patient’s life expectancy. Many doctors believed that removing visible tumors and nearby tissue was the best way to kill the cancerous mesothelioma. Using the maximum amount of radiation and chemotherapy was also a prevalent approach to treating mesothelioma. But that approach is now changing. Many doctors are now taking...

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