Responsibilities of Insurance Companies After Hurricanes

Feb 04

Hurricanes are devastating. They tear homes, families and cities apart. After the devastation, insurance companies should repair houses that have been damaged by the storm. Filing for residential hurricane insurance claims can be difficult, and communicating with insurance companies can be frustrating. However, it is the responsibility of insurance companies to compensate for repairing damage.

The website of the Williams Kherkher law firm notes how Hurricane Sandy caused between $5 billion and $10 billion insured losses. Overall damages are overwhelming. Homeowners insurance is designed to protect the home and the people inside of it after these damages occur. Insurance premiums are paid so the homeowner can receive compensation for the home to be brought back to its original state.

Although policies have differing time periods to submit a claim, most often it is within one year of the incurred damage. Homeowners premium rates shoud not go up in “Act of God” instances. Since Hurricane Sandy inflicted “Act of God” damages, increasing premiums are not allowed in most insurance company policies.

The first step in recovering some of these losses is calling a contractor to estimate repair costs. However, problems can arise if the contractor is sent by the insurance company, because they can have an alternate incentive. Having multiple estimates is beneficial to the homeowner in order to have a reliable estimate for the insurance company.

If you have been subject to problems regarding your homeowners insurance after Hurricane Sandy, a lawyer can help acquire compensation for your damages. Whether the companies are not acknowledging the repair estimate, or are increasing your premium rates, contact an attorney that can legally hold the insurance company accountable.

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Common Causes of Construction Slip and Falls

Feb 02

What causes the majority of injuries on construction sites? Accidental slip and falls. Sites everywhere must be fully equipped with prevention equipment, but accidents happen all the time. There are many causes that contribute to construction workers slipping falling, and thus injuring themselves of the worksite.

Slipping in a puddle of water, oil, or other liquid substance can be extremely dangerous because it is uncertain as to how the worker will land. In many instances, the result is a fractured bone. However, according to the website of the LaMarca Law Group, P.C., these falls could result in concussions or brain injuries that have detrimental effects on the worker.

Another cause of slip and falls are slick floors and cluttered worksites. When floors don’t have any traction (if they are made of metal, wet wood, smooth concrete, etc.), the workers are put at risk. Secondly, when worksites have unclear pathways, workers can trip and fall over something in their way. It is important to be aware of the surroundings of the construction site to prevent future problems.

The website of the attorneys at Hach and Rose site a common mistake to the problem of improper safety equipment. Falls occur when workers don’t have proper scaffolding and ladders. The result of losing one’s balance without proper scaffolding is life threatening, and the construction worker has the right to pursue the responsible party.

All of these instances can be prevented if the contractor or sub-contractor adheres to proper safety regulations. When they are not kept, people get hurt. Consult with a lawyer in your area if you have been a victim on a construction site due to the unsafe working environment.

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What is “Best Interest of the Child?”

Feb 01

In divorce cases when child custody is determined, the primary question is the “best interest of the child.” There are different factors used to determine what is in the child’s best interest, all of which affect the outcome of a child custody battle.

The website of Marshall and Taylor, PLLC, a divorce law firm, indicates that the top priority of divorce cases is often serving the child or children. There are two types of child custody: physical and legal. Physical custody is the right of the parent to spend time with their child, while legal custody is the right of the parent to make important decisions for them. The best interest of the child is considered win each of these instances, which can make cases can be messy and intricate.

Factors when determining best interest differ from state to state. However, commonalities are where the child will have a stable environment, physical and mental health of the parents and ability of the parent to support the child. The website of law firm Alexander and Associates stresses the importance of considering educational and medical needs as well, because numerous children involved in these cases cannot yet make the decisions themselves.

The results of divorce cases can very greatly depending on the specific situation and circumstances. These cases can result in joint custody, sole custody, or visitation rights. It is up to the court to determine the specific arrangements of child custody in divorce cases after consideration of these “best interest” factors. If you need help to fight for or protect your child, get in touch with a divorce lawyer that practices in the field of child custody.

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Corruption Concerns in the Work Place

Jan 31

There are many laws regarding equal pay in order to ensure fairness in the work place. Whether it is minimum wage or protection against gender discrimination, laws regarding salary are in place to protect employees.

The federal government has set minimum wage at $7.25/hour, however New York’s minimum wage is $8.75/hour. On top of this, for every hour worked over 40/week, the employer must be compensated by one and a half times that rate/hour. If not, the website of the law offices of Cary Kane speaks to how an employer can sue based on on theft.

Sexual discrimination and sexual orientation discrimination is another way in which salary equality is violated in the work place. Sexual orientation is defined by how one aligns his or her self, whether it be heterosexual, homosexual, bisexual, asexual, or transgender. A New York sexual orientation discrimination lawyer can explain further when discrimination is evident. This includes when when an employee’s salary has been unfairly discredited on account of their sexuality. For example, this could be when a man gets a raise but a woman doesn’t, although they have been performing the same task.

Violations regarding workers’ salary are rampant, and the responsible party can be held legally accountable. Under minimum wage laws, an employee can take legal action against an employer for theft dating back to the previous six years. In discrimination cases, based on sex or sexual orientation, illegal actions can be reported. In any of these instances, employees should receive justice for their hard work, or for crimes that have been illegally committed to their expense.

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What is Nursing Home Abuse and Medical Malpractice?

Jan 29

Unfortunately, medical malpractice is an extremely prevalent problem behind the innocent veil under which it hides. Nobody wants to think that an elderly person has been given the wrong medicine or has been abused in any way, but these issues occur often. It is important to be aware of the harmful problems that those living in nursing homes are susceptible to, despite the inhumane topic that is nursing home abuse and malpractice.

While nursing homes should be safe living environments, more than expected are corrupt. The website of Habush Habush & Rottier S.C. ® law firm notes how vulnerable patients can be abused by their caretakers by being beaten, shoved, or sexually assaulted. Patients can also be exposed to negligence, which can lead to malnutrition or dehydration. When any of these instances occur, the nursing home is held responsible for harm done to the patient. However, it is be the responsibility of the patient or another person to report the wrongdoing.

The website of law firm Crowe and Mulvey cites alternate ways in which patients are mistreated. Medical malpractice occurs when patients are put at medical risk after being given the wrong medication, incorrect amounts of medication, or when medications given cause harm to the patient when combined. On a case by case basis, the nursing home, the nurse, or both can be held responsible for ignorant actions.

When abuse or medical malpractice is evident in nursing homes, it can and should be reported. Whether by the patient, a friend, family member, or just another person who knows what’s going on, a claim should be filed. There are many legal options to pursue when these inexcusable violations are committed, and it is important to stop them from happening.

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