What is Commercial Litigation?
Commercial litigation covers all business conflicts. The business may be small businesses or large corporations and the conflicts may include breaches of contract, collection of debts, employer/employee conflicts, shareholder and partner disputes, and/or fraud and misuse of intellectual property. Sexual harassment/discrimination in the workplace is also covered under commercial litigation.
What is Insurance & Bad Faith?
Insurance companies are required by law to operate under good faith, and to deal fairly with their clients. “Bad faith” is a term used to describe a claim brought about by a person suing an insurance company due to their “bad” actions. The claim may be filed alongside a breach of contract claim.
What are Some Reasons for Filing an Insurance Bad Faith Claim?
A Bad Faith claim may be filed for various inconsistencies or faults made by the insurance company. These may include, but aren’t limited to:
-improper evaluation of damaged property
-refusing to defend a lawsuit
-refusing to pay a settlement
-delay in handling claims
What is Personal Injury?
Personal injury involves civil law cases designed to obtain compensation for injury to your person. The personal injury attorney usually tries to negotiate with the opposing party or their insurance company. If necessary, and if the attorney thinks the case has a good chance of winning, the case may go to trial.
The main concerns in a personal injury case are negligence and liability. Awards in liability cases depend upon proof of negligence and proof of liability. If a defendant has failed to exercise reasonable care to prevent injury or damage then there may be negligence. Once liability and negligence have been established, the judge or the jury may award money to compensate for medical costs, lost wages and lost future earnings as well as for pain and suffering.
Some common personal injury categories are:
Slip and Falls
On the Job Injuries
Cruise Ship Accidents
Casino sued after woman robbed in parking lot
You can have a herniated disc in any part of your spine.
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What is Product Liability?
Product liability holds manufacturers or retailers responsible for any harm or injury their product may cause to consumers. A product should meet the ordinary expectations of a consumer. However, when the product fails to meet the expectations of an ordinary consumer or is thought to be dangerous, the product is said to be defective and unreasonably dangerous. Responsibility for a product liability case may lie with all the sellers in a distribution chain.
Exceptions to Liability
Some products have benefits that outweigh the risks, and they cannot be made safer without losing usefulness. Prescription drugs and vaccines are examples. You may not have a viable case if you use a product in a way it was not intended to be used. For example, harm from using a blow dryer in the shower is not a product liability case.
Proof for Product Liability
The product which caused the harm must be manufactured or sold by the person you are attempting to sue. The product must have a defect and that defect must be the cause of the injuries.
Immigrating to the United States requires individuals to submit a number of detailed applications to the federal government. Further complicating matters, immigration regulations change often, making it difficult for anyone without formal training to stay current on the law. Even among attorneys, immigration is considered a specialized practice area not suited for general practitioners. Self-representation is not recommended.
With the help of an experienced attorney, those who qualify can successfully obtain permanent residency (a green card), and eventual citizenship. While the law provides a path to citizenship for workers and investors, the most common grounds for granting legal status is family-based immigration. This process begins when a permanent resident or U.S. citizen files a petition on behalf of a family member in a foreign country.
U.S. citizens can sponsor family members who qualify as “immediate relatives.” These include spouses, parents of a citizen 21 years or older, unmarried children under age 21, and children adopted before turning 16. The government does not limit the number of immediate relative visas approved each year. This means there is no waiting period, other than the time required to process the visa petition.
What is Environmental Law?
Environmental law encompasses pollution control and resource conservation and management. Pollution control laws often deal with a single environmental medium, such as air, water or soil. These laws control the emissions into the medium as well as the liability for the emissions and clean up. Resource conservation and management deal with both tangible and intangible resources including anything from natural resources to scenic areas.
Oil Spill Cleanup
In 2010, the Deepwater Horizon Oil Spill caused extensive damage to the marine and wildlife habitats, as well as to the fishing and tourism industries, of our vital Gulf Coast. BP has admitted to making a mistake, and is being held responsible for cleanup costs and damage. Ron Austin & Associates is striving to help the community prevail after this grave disaster.
What is Medical Malpractice?
While medical malpractice can be some of the most difficult litigation there is within the practice of law, it is a distinguished area of concentration for Ron Austin & Associates. The improper, untimely or negligent performance, diagnosis or treatment by someone in the medical profession leads to thousands of injuries and loss of life each year. The Institute of Medicine found between 44,000 and 98,000 people die in hospitals annually due to preventable medical errors. Others are left injured or impaired. Medical malpractice can happen in many ways including:
-Injuries during child birth
If you or a loved one has suffered a medical issue or even death that is due to another party’s negligence, recklessness, or carelessness, know your legal rights for compensation. Let our firm fight for you so you can receive the justice you deserve.
What is Birth Trauma?
Birth trauma refers to newborn brain injury, often brought about by negligent physician care or awareness. Fetal oxygen comes from the mother’s blood, flowing to the fetal brain through the umbilical cord. Oftentimes — either pre-labor, during labor or post-labor — something happens to stop the flow of oxygenated blood to the fetal or newborn brain. This lack of blood flow can cause brain injury in the newborn.
Sometimes, the injury is noticed relatively early by either the parents or the doctor. However, when asked about the brain injury, many physicians reply that it couldn’t be helped. The answers are often within the medical records, and may detail how some of the causes could have been prevented.
BIRTH TRAUMA ?
hospital sued for improperly sanitized equipment
What Does Wrongful Death Mean?
Wrongful death is a claim made against a person or company who caused the death of another either by negligence or some other form of unjust action. The damages received in a wrongful death claim are awarded to the survivors of the victim. Wrongful death claims often arise as a result of a car accident or medical malpractice. This differs from a negligence claim in that the person filing the claim is not filing over an injury.
Who Can File a Wrongful Death Claim?
A person must be able to prove relationship to the victim. A neighbor or friend cannot file a wrongful death claim because there is no evidence to prove that he or she suffered from the loss. Generally, to sue for wrongful death one must be a spouse, parent or child of the victim. In some cases grandparents, extended family or dependents of the victim are able to file a wrongful death claim.
Mesothelioma attorneys understand asbestos legal issues and the unique challenges asbestos victims face. We offer information on what to expect when working with a mesothelioma lawyer, as well as help finding a qualified mesothelioma attorney for your case.
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Successful asbestos ligation requires an attorney who understands the many facets of the case, from how people get exposed to asbestos to the state-by-state regulations about filing lawsuits, to the fragile nature of many clients. Often, people who inquire about an asbestos-related claim are people who are also coping with mesothelioma cancer and all the health issues that go along with treatment.
Choosing a lawyer to represent you in depositions and in legal filings can be as important to your family's future as selecting the right doctor. If you were exposed to asbestos and you got sick as a result, you have a right to stake a claim for compensation.
The dangers and toxicity of asbestos were well-known in the 1930's, yet corporations continued using it extensively through much of the 20th century. They willingly put profits ahead of the health and well-being of employees and the public. An experienced asbestos lawyer will know how to hold those corporations responsible.
Receiving news that you or a member of your family has been diagnosed with mesothelioma is devastating news. Once you can get past the initial shock of being diagnosed with this type of cancer, you will need to figure out what your future holds.
It is very important to look at three different areas that you will need to face because of the disease. If you have been diagnosed with mesothelioma, you are going to have to figure out how it will impact your health, your emotional state and your financial situation. You will not only have to consider this for yourself, but you will also need to figure out how it will impact your family.
MESOTHELIOMA & OTHER
Spouse of deceased worker files asbestos suit
What is a Class Action?
A class action is a case brought against a company whose actions have damaged a group of people in a similar way. A single person (class proponent) who has been injured may bring a class action on behalf of everyone who has been harmed. It is common, however, after the action has been started for many other injured people to join the class action lawsuit (become class members). If the case results in a successful recovery, (either through settlement or trial) all class members (named plaintiffs) receive their portion of the amount paid by the wrongdoers.
What are some of the reasons class actions are filed?
Typical reasons for class actions include: shareholder class actions, consumer class actions, class actions for employment discrimination. A class action can be filed any time a group of people (or even small businesses) have been similarly injured by wrongdoing.