Admiralty Law Attorneys & Maritime Lawyers – Offshore Accident Lawyers

Many wonder what admiralty and maritime laws deal with. The fact is, these laws were designed to deal with the way in which waterborne crafts interact with each other. Maritime laws are designed to settle disputes, encourage commerce and help injured seamen and sailors.

Maritime law in the United States is compiled by a list of statutes which cover all waterborne activities taking place in United States waters. In the past, maritime laws only covered specific incidents such as victims of maritime air disasters and specific areas such as inland water workers. Modern day maritime law now encompasses a much larger field of occupations, accidents and conditions.

There are currently many law firms that represent the sailors, longshoremen and seamen who have been injured while working offshore. The maritime and admiralty laws were designed by the United States government and have dozens of levels of federal, state and local rules that apply to different situations. Because of this, maritime litigation is often very comprehensive.

Some of the types of maritime accidents that can occur include accidents on barges, ferries, casino ships, cruise ships, shipping vessels, tankers and tugboats. There are literally thousands of types of these boats, but those are the major ones. In addition, there are many types of workers who are covered by these maritime and admiralty laws. Some of the jobs include seamen, engine utility men, deck engineers, harbor pilots, longshoremen, dock workers, fishermen, ferry workers and barge hands.

If you are a sailor, seamen or any other type of offshore worker, and have been involved in a maritime accident, then you have the right to take legal action. Please visit our website for an updated list of dedicated and experienced maritime lawyers. They will help you with your maritime lawsuit and guide you towards receiving the legal compensation you are entitled to.

Posted in Law

What Damages Can I Claim After a Drunk Driving Accident

Being injured in a drunk driving accident can be life-altering. You need to hire a professional personal injury attorney. Only he can educate you regarding the legal process and eventually help you win the case with the best possible compensation.

As per the Florida law, you are a victim of a drunk driving accident if the accident causes you loss of any form that demands compensation. Under Florida Statute for victims of DUI crashes, there are certain “allowances” provided for the victims. However, the victim or his lawyer often requires to pursue these allowances he is subjected to!

You must be aware about the multiple ways through which a victim can obtain benefits. A set of Qualification Requirements has been established by the Florida’s Bureau of Victim Compensation for receipt of funds under its Crimes Compensation Act. Here are the requirements:

  • The reporting of the crime to law enforcement needs to be done within 72 hours.
  • It is necessary for the victim to have suffered some form of personal physical injury. There is an automatic reduction in the funds for those who have just suffered psychiatric or psychological injury due to the accident.
  • Application needs to be filed within the time period of one year after the crime date. In case a valid cause is shown, the time period might be expanded up
  • to 2 years.
  • The victim must cooperate with law enforcement, State Attorney’s Office, and the Attorney General’s Office fully.
  • The victim must not have been engaged in any form of unlawful activity at the time of the accident.
  • The victim must not be responsible for the accident in any way.
  • The victim must not have a record of felony conviction.

What are the benefits available to the victim?

You need to meet all the above criteria in order to be proven as the victim. Only then, as per the Bureau you are entitled to the following benefits:

  • Loss of wage
  • Loss of support such as the death of a close relative etc.
  • Disability of any form
  • Expenses related to funeral
  • Expenses pertaining to medical treatments
  • Mental health counseling
  • Compensation for any kind of Property Loss

However, the truth is that you and your lawyer need to pursue your compensation actively in order to avail all the benefits available under the Florida Law. This specific statute helps to save you a good deal of your medical costs.

An injury caused due to drunk driving accident might cause you loss of time at work and subsequently loss of high wages. You might have to struggle to pay the bills. When your general bills are added on by your medical expenses, you might lose your sleep at night. So, it is more than essential for you to claim lost wages in a drunk driving accident. This includes future wages If the injuries you suffered leaves you disabled or incapable of functioning properly to provide output to the company, you need to count your future wages as well for compensation.
You are also entitled to seek damages for pain and suffering caused by such an accident. This involves the physical or mental distress caused due to someone’s death. You need to prove the nature and severity of your injury as well as the prognosis issued by the doctor with the intent to claim such damages.
Out of all the damages claimed, those related to medical expenses is the most common. This is because in most cases, medical expenses can add up at a striking rate into a lump sum. The situation might be the same even when you have medical and auto insurance. You can demand reimbursement for ambulance rides, consultations, medical equipment, physical therapy, in-home medical care and all other expenditures.
What to do just after a drunk driving accident occurs?
  • Dial 911

When you find out you are the victim in the crash, dial 911. Make sure to receive treatment for your injuries instantly, if possible. Police officials soon test the other driver for the accident.

  • Gather contact information

Collect important contact information. It includes the other driver’s name, contact number, address, and details related to insurance. Also, gather relevant info from the witnesses on the scene. Gather their basic contact information as well since it might come handy later.

  • Gather every possible piece of evidence

Click pictures of the crash scene, the vehicles or vehicles that were involved, and any injuries that you suffered. If there are other pieces of evidence like torn clothing, crashed debris etc., make sure you keep those handy as well.

  • Hire a drunk driving accident attorney

Only the qualified drunk driving attorney has an absolute knowledge on law. At first, the case might seem to be simple but things might get tense with the progression of the case. So, be on the safe side and get yourself a proper attorney with specialization in this field.

Who is usually responsible for drunk driving accidents?
If the person who apparently caused the accident is found to have a BAC that is higher than the legal limit, you can go ahead in filing a lawsuit against him. You can also file a claim against a restaurant or bar if it is responsible for providing alcohol to the person accused for the accident.
  • The accused person needs to be Under 21 years of age.
  • The accused need to be someone who is “habitually addicted” to alcohol.

It is pretty difficult to put the blame or a part of blame on the third parties that might actually be liable for the drunk driving accidents.

Posted in Law

Basics of Navigating the Digital Millennium Copyright Act (“DMCA”)

Due to the proliferation of the Internet, social media platforms, and hosting websites, online service providers have often become unwitting hosts to materials that may potentially infringe on the copyrights of another. Likewise, original content creators have also increasingly found themselves to be targets of unjustified DMCA takedown requests. Sometimes these takedown requests are made for anti-competitive or harassing purposes by competitors of the website operator.

The Digital Millennium Copyright Act (DMCA) provides a safe harbor in certain circumstances for website operators, who host materials submitted by third parties that may infringe the copyrights of others. If the copyright owner provides a take down notice in compliance with the requirements of the DMCA and the website operator timely complies with its obligations under the DMCA, it may be shielded from liability for copyright infringement. The website operator can adopt and post a copyright policy to facilitate DMCA compliance. A sample copyright policy is below, which requests that a takedown notice including at least the following information:

  • A detailed description of the copyrighted work you believe is being infringed upon description of the location of where the alleged infringing content appears;
  • Your contact information (including name, address, telephone number, and email address);
  • A statement that you have a good faith belief that the alleged infringing use is not authorized by you as the copyright owner, your agent, or by law;
  • A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are indeed authorized to act on behalf of the copyright owner; and
  • An original signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of the copyright as well as to submit the claim.

In addition to the policy, the website operator should register an agent with the United States Copyright Office.

While the above identifies a number of eCommerce and internet law issues affecting compliance with the DMCA, an in-depth analysis may be required. For example, the timeliness requirement for the take down has been a hot litigation topic lately. Additionally, the DMCA applies to copyrights only, and does not currently provide a safe harbor for trademark infringement or patent infringement claims. These type of claims stemming from users of the website can be addressed in the Terms of Use or other website agreement between the website operator and its users.

Posted in Law

DUI Breathalyzer Accuracy

Anyone that has been stopped and arrested for a DUI charge is likely to find the entire process to be very difficult and stressful. Plus, with the reported increase in accidents involving drivers under the influence of alcohol or illegal substance, the authorities are making every effort to prosecute all offenders. In order to prove a person is driving under the influence, the law enforcement official that made the stop has a choice of asking the driver to take a roadside sobriety test or use a breathalyzer. A first course of action may be the sobriety test which involves simple tests like walking in a straight line, lifting one foot off the ground, touch the tip of your nose, etc.

But, these tests aren’t entirely reliable and the most common option used is the breathalyzer. A field breathalyzer is quick to use and basically involves breathing air into a device that is analyzed to determine whether of not the driver has consumed too much alcohol to be on the road.

While the breath analysis is the favored method to test the concentration of blood alcohol in a roadside stop, they are nowhere near as reliable or accurate as blood tests. But, for the case of DUI investigations, it is seen as an acceptable option, provided it is administered in the correct fashion.

The breathalyzer tests aren’t complicated and a useful piece of portable kit to analyze a sample, but the result generated by this device may not be as reliable as the authorities would like you to believe. In fact, it has been reported that neither the spectroscopic BAC (Blood Alcohol Content) test nor the breathalyzer test is 100% trustworthy. This mostly relates to alcohol not affecting everyone the same, with many people able to consume quite a lot and still not be drunk.

Even though the test can give a positive indication that the BAC reading is high, this doesn’t actually confirm the driver was under the influence of alcohol while in control of their vehicle.

Scientific studies have taken place in relation to the accuracy of the breath alcohol tests, and their conclusion was that they are inherently unreliable. These studies have indicated that the breath readings can be up to 15% outside of the true blood alcohol levels.

So, in the event of being stopped for a DUI charge, you don’t really want the result from a breathalyzer to be the defining factor that determines the sentence issued. The best course of action is to get in touch with a skilled and reputable DUI attorney who is able to use their knowledge of the law to help fight this offense.

A DUI charge is a serious offense that has the potential to lead to a variety of legal consequences, which can include a period of prison time, attending alcohol or drug awareness classes, taking part in community service, having to pay a high fine, or the loss of your driver’s license. There are situations where the sentence given is more severe, such as having a minor on-board at the time or not being a first offense.

In the approach to defend the DUI charge that involves a breath analysis, any qualified criminal defense lawyer will be aware that there could be several operational and theoretical issues. There are a variety of factors that can lead to the results of blood-alcohol analysis being regarded as unreliable, and attempt to show that this type of data isn’t enough to prosecute. By using a lawyer it is possible to get the get outcome with a case either closed or a sentence kept to a minimum.

Posted in Law

Common Benefits Received From Workers’ Compensation

It is common for people who are injured on the job to collect workers’ compensation benefits. The amount of compensation and degree of benefits received by injured workers largely depends on the extent of their injuries or damages. Damages can include but are not limited to pain, suffering, prolonged rehabilitation or illness, diminished quality of life, lost wages, medical expenses, hospital bills, mental trauma, PTSD, and much more.

It is wise to hire a personal injury attorney that specializes in workers’ compensation law to recover the full and fair recompense deserved. Continue reading to learn what type of benefits to expect, or that is possible, to receive after being injured while on the clock.

Workers’ Compensation Benefits

Not all workers’ compensation claims are for physical injuries. Although most involve some sort of bodily harm, mental anguish or trauma can be just as damaging. Sometimes, personal injury cases can involve sexual harassment, discrimination, assault or battery, contracting a work-related illness or disease, experiencing an armed robbery, and more. Either way, the common coverages and benefits received from workers’ compensation claims are as follows:

Paid Hospital Bills, Medical Expenses, Physical Therapy, Medical and Vocational Rehabilitation, Doctor Visits, Counseling, Prescriptions, Etc.

Paid Weekly Earnings for Time Off Work Longer than One Week (2/3 of Average Weekly Pay-400 Week Maximum)

Benefits for Dependents in the Case of a Wrongful Death at Work

Punitive Damages in Cases of Malicious Intent or Blatant Disregard

Compensation for Excessive Pain, Suffering, Loss of Companionship, Mental Anguish, Post Traumatic Stress Disorder, Diminished Quality of Life, Etc.

Travel Expenses (If Applicable)

There are several other types of benefits available to those injured on the job, however, they vary depending on the company’s policies, insurance coverage, the extent of injury, and much more. It is strongly encouraged to discuss your recent work injury with a licensed Indianapolis workers’ compensation lawyer for accurate case assessment and legal guidance. They retain the proper resources, experience, and knowledge to navigate your workers’ compensation claim.

In order to recover the full and fair remuneration deserved to an injured victim and their family, a personal injury lawyer is the path to take. Be sure your personal injury law firm employs attorneys with extensive trial and litigation experience in workers’ compensation cases. This will further ensure you are choosing a lawyer that can successfully navigate your claim and have a better chance of recovering for your damages and losses.

Posted in Law

Are Your Circumstances Suitable for a Collaborative Divorce?

You may be suitable for a collaborative divorce if you seek:

  1. A dignified approach to handling your divorce
  2. A fair and non-aggressive resolution of issues based on the best interests of the family, not the individual
  3. Guidance, support and advice on legal issues without the threat of fighting in court.
  4. A chance to work through emotions and avoid misunderstandings to arrive at sound decisions
  5. To avoid the cost and emotional strain of court proceedings
  6. To keep your dispute and terms of your settlement confidential

How do I kick start the process?Contact a collaborative divorce lawyer. You must choose a lawyer trained in collaborative family law for the process to be effective. An experienced lawyer knows about the required documentation that can make process hassle free.

What happens when we reach agreement?

After you reach agreement, your lawyer can prepare divorce papers that the court is likely to approve.

What happens if the process breaks down?

You may explore other options such as mediation to avoid from going to court. However, if you do take your case to court, your collaborative lawyer cannot act on your behalf in court proceedings as they have signed an undertaking not to litigate.

What is the difference between the collaborative divorce process and court litigation?

Collaborative divorce is a voluntary process that gives divorcing parties control over the process, including the timetable. On the other hand, the litigation process is controlled by the judge and determined by court dates, and parties must comply with the court’s orders. Divorce Lawyers will facilitate direct negotiations between parties in collaborative divorce, working towards a common goal that is in the best interests of both parties and the family, and parties will be encouraged to consider short- and long-term impacts of their decisions. In litigation, both parties and lawyers are pitted against each other, and parties will bargain based on their own needs and rights. They will not be actively asked to think about the short- and long-term effects of their choices.

As can be seen, collaborative divorce allows the parties, instead of the judge, to make the final decisions. Due to this, however, there is no guaranteed settlement in collaborative divorce. If parties cannot reach a final decision, they will need to proceed with litigation. The process of collaborative divorce is confidential, but if parties enter into litigation, the records of Court proceedings will be publicly available.

Posted in Law

Need a Civil Rights Attorney? Here’s Some Advice For Picking One

If you are a private citizen it is important that you know your rights, and to know what constitutional privileges are guaranteed to you both that a federal and state level. You have certain inalienable rights at a federal level, and then a different set of rights at a state level. If you find yourself living in Dallas it is important to know what your civil rights are, and what the Dallas discrimination laws are.

As are most big cities, Dallas is known to infringe on people’s civil liberties. It doesn’t happen all at once, or even overtly; yet it is a reputation that has tarnished this otherwise great cities image. Whether it’s an overzealous police force, or corrupt politicians Dallas is a city to watch out for.

There are three particular things which discrimination are frequently based on in Dallas, and many other big cities in the South; which are: religion, race, and sexual orientation. Not everyone acts improperly towards non-Caucasians, homosexuals, or non-Christians, but there are people who do, in which circumstance you may choose to take legal action.

Many people simply shrug off an infringement of civil rights, but this simply keeps the problem going. If no one stands up against it, it will never get any better! Therefore, if you find yourself on the receiving end of discrimination, it is highly recommended that you seek the help of a Dallas civil rights firm. Not only will you feel like justice has pulled through, but you’re aiding the law in teaching others that being judgmental about religion, race, and sexual orientation is wrong.

Finding the right Dallas civil rights attorney is a personal process that only you can embark upon. You want to find someone with a good track record; but most importantly you’ll want to find someone sympathetic to your case. You want your lawyer to be in the game 100%. When you find an attorney that is passionate about the outcome of your trial you’ll find an attorney that is willing to work hard.

Posted in Law

What Is Tort Law Exactly?

Have you ever done something that was against the rules? Well, torts are something like that; but much more serious. Torts are civil wrong-doings; immoral behaviors and actions against civilians. The law identifies a tort as immoral, and approves it as grounds for a lawsuit. Most often, torts come with severe consequences, like serious injuries and death. These consequences establish a civilian’s right to file a personal injury claim against a wrongful party.

Torts that result in serious injury or death can be punishable by imprisonment; however, the objective of tort law is to acquire compensation for damages incurred by victims and families of victims. In addition, and equally important, intent is to prevent similar wrongdoings from occurring in the future. In fact, victims of tort can take legal action for an injunction in order to inhibit further torturous conduct of the opposing party.

Explaining Torts and Tort Law

Victims of tort can pursue fair compensation for damages incurred as a result of the offence. Exemplary damages include everything from pain and suffering to loss of companionship, and much more; such as lost wages, hospital bills, medical expenses, scarring or disfigurement, funeral expenses, prolonged rehabilitation, permanent disabilities, and much more. Injured victims can also pursue compensation for damages like diminished quality of life and loss of benefits from loved one’s death. Tort law is established to protect injured victims that were wrongfully hurt by a negligent party. Negligent parties can include people, companies, individuals, organizations, products, and much more.

Categories of Tort

There are several individual capacities of tort law that all depend on the type of injury or accident that harms a person. Types of tort include motor vehicle accidents, product liability, assault and battery, sexual harassment, drunk driving accidents, wrongful death, slip and falls, head or brain injuries, dog bites, nursing home neglect, motorcycle accidents, and several other types of deliberate inflictions of emotional or physical trauma.

Every type of tort can be grouped into three separate categories of tort law; these categories are Intentional Torts, Negligent Torts, and Strict Liability Torts. Intentional torts are deliberate, premeditated, and purposeful. Assault and battery, sexual misconducts, and nursing home neglect are some examples of intentional tort. Negligent tort occurs as a result of carelessness and disregard. Disobeying traffic signals and causing an accident that harms another person is an example of negligent tort. Other examples include pedestrian accidents, hit-and-run accidents, medical malpractice, legal malpractice, and slip and fall accidents. Strict liability torts, on the other hand, occur when a particular action causes harm or damage to another person; such as liability for making and selling defective products that are hazardous.

If you are a victim of tort, or was recently injured in an accident caused by the negligence or misconduct of another party, you may be entitled to compensation for your damages. Contact a licensed personal injury law firm for professional guidance and counsel. It is important to take immediate action following a serious injury before the State’s statutes of limitation runs out. An experienced tort lawyer will substantially increase your chances and likelihood of winning your personal injury claim recovering compensation for your damages.

Posted in Law

Ensuring That You Own Your Content’s Copyright

You have been a prolific writer for your business for a long time and, of course, just like all other writers, you use sources to back up the facts that you write in your content. Of course, there is no reason for you to assume anything other than the fact that you own the copyright of all of the content that you are writing.

Sometimes the line is obscured

If you own the copyright on specific content (including graphics, videos, etc), that means that you can do anything that you wish with that content. After all, it belongs to you. On the other hand, if someone else owns the copyright on the content, you are severely limited from doing what you want with that content. That means that you can’t recycle the content and use it over and over again, you can allow other people to post the content on their websites (for increased exposure and a wider reach), and you can’t touch the images (making them smaller, larger, wider, narrower). Your hands are tied in that case. However, you may not always understand when it is appropriate (legally and ethically) to alter the content in any way and when you really need to be hands off.

You probably have an accurate sense that you can’t just find a graphic image online, copy it, and embed it in your content. That is just common sense. If you use any portion of someone else’s content (words), you probably realize that you must give the author credit for what he or she has written. However, the copyright goes far beyond that. It is extremely important for you to understand the basics of copyright and how that applies to you and to your business. If you don’t pay attention to what you are allowed and not allowed to do, you may get yourself into trouble (legally and financially speaking). There are some concepts that will benefit you if you at least have a working knowledge of them. Hopefully, they will not actually apply to you at any time but being aware is very important for you.

  • Have a licensing agreement, including an invoice: That is an invoice from the person who owns the copyright. If you plan to use material of which someone else owns the copyright, you will probably need to pay that person (or that entity) some money. There may be rare occasions in which the person or entity will not charge you money but you need to have a written agreement between you so that you don’t get into trouble.
  • Lawsuit as a result of copyright infringement: This is a lawsuit that occurs in a federal court. The person or entity doing the suing is the owner of the copyright. The lawsuit will make demands, such as your eliminating all of the copyrighted material from wherever you have posted it online. You will also (most likely) be expected to pay some amount of money (damages) and there is also the potential that you will be asked to pay the lawyers’ fees.
  • Cease-and-desist communication: This is a communication (usually in the form of a letter) from the person who owns the copyright telling you that you must delete their content from wherever you have posted it.
  • Digital Millennium Copyright Act takedown notice: This is a notice that refers to the act on behalf of the copyright owner. It is sent to your web hosting service. It will insist that your web hosting service disables any access to wherever the copyrighted content appears.

The disturbing thing about this situation is that, depending on the whim of the copyright owner, you may end up paying in any number of ways. It might be minor but it might be major as well. You may be notified of the copyright violation in stages. If you respond immediately after you receive the first notice, you may get lucky and after doing whatever is demanded of you, that will be the end of it, as long as you never do it again. However, if you continue, the consequences will probably get more and more severe. You will need to tread lightly in this situation and do whatever you need to do quickly if you want to escape relatively unscathed.

Educate yourself about your rights

When you first write a piece of content, you need to make sure that you take all measures to ensure that you never run into these types of problems that are described above. If you don’t happen to be the one creating the content, you need to make sure that you get the other person to assign copyright ownership to you. It is critical that you have it in writing. The best thing to do is to have a written contract between you and the other person. Hopefully, in that case, there will be no question about anything. If you want the creator to be able to benefit from the content, it is safest to put that into the contract as well. The sorts of things that you will want to put into the contract are: exactly what is being created, how revisions are handled, deadlines and consequences if those deadlines are not met, the payment schedule, who will own the copyright, and who will be responsible for the consequences if the copyright is violated. If you have a long-term relationship with that person, you will probably find that you will need to revise your contract over time.

Conclusion

Copyright ownership may not have been something that you thought about very often (or at all); however, you need to have it in mind all of the time and be cognizant of doing the right thing. If you don’t, the consequences will probably not be pleasant. You need to protect your reputation and your bank account at all times. Copyright laws are very complicated and you may not even realize that you are violating any of those laws. However, you need to be aware of what you are doing and make sure that you don’t continue to violate any copyright laws. Interestingly, there are a few situations in which you don’t need to get permission from the copyright owner of the content. You should do the research and determine when those rules apply, which will ease the burden a little bit. Undoubtedly, you were not aware that you were doing anything wrong. However, once you are aware, you need to make sure that you do everything by the book.

Posted in Law

Who’s Liable for Injuries Sustained in Public Transportation Accidents?

Public transportation is a wonderful asset for thousands of Americans all across the country. Buses, trains, subways, limousines, metros, taxi cabs, and more are just a few examples of the variety we have to choose from when it comes to public transport. As customers and clients, we generally trust that these choices are safe and reliable; but sometimes unexpected accidents happen.

If someone is injured while using public transportation, who is at-fault for their damages? There can be several outcomes when determining who is liable for accidents such as these. Continue reading to understand all the possible parties that might be liable, under law, for injuries sustained to public transient customers.

Public Transportation Traffic Accidents

When it comes to public transportation, buses are one of the most popular. Tickets are inexpensive, and some buses are complementary to individuals in the community. School buses are also widely used for public school transportation. With the rising popularity of public buses, more and more are on the roads every day. As a result, the number of bus accidents continue to increase each year. According to the National Highway Traffic Safety Administration (NHTSA), more than 300 bus accidents happen every year, all of which resulting in fatalities.

Bus crashes, and other public transport cases, are complicated to litigate. Determining the at-fault party is a bus crash can be tricky because it may be more than one, or none at all. It requires the professional litigation skills and trial experience of a licensed car accident attorney to effectively pursue a bus accident injury lawsuit or claim. If you or someone you loved has recently been injured in a public transportation accident, like buses or taxis, contact a local personal injury lawyer to learn your rights.

Possible At-Fault Parties:

  • The Driver
  • Management Company
  • Other Negligent Vehicles
  • Government Entities (If Public)
  • Equipment Manufacturers
  • City Traffic Management (If Defective Light or Sign)

Common Causes:

  • Drunk Driving
  • Driving Under the Influence of Drugs
  • Defective Stop Light or Traffic Sign
  • Hazardous Weather Conditions
  • Reckless or Careless Driving
  • Poor Equipment Maintenance
  • Treacherous Roads
  • Defective Equipment
  • Obstruction of Views
  • Other Negligent Vehicles on the Road

Traffic accidents, public or not, can happen very suddenly, and usually result in serious injuries and damages to innocent bystanders and drivers. If a person is injured using public transportation as a result of another carelessness or negligence, they are entitled to legal compensation for their pain, suffering, lost wages, medical bills, and more. 

Posted in Law