What's the Legal Liability for Shipwrecks?

The cargo ship El Faro disappeared off the Bahamas on October 1st, and on November 2nd, the U.S. Navy confirmed that wreckage found over the weekend was the El Faro. In the time it took to confirm the location of the ship, five separate lawsuits have been filed: four from victims of the shipwreck’s families, and one from the ship’s owner seeking to block those lawsuits and shield itself from legal or financial liability for the wreck.

So who is responsible when a commercial ship sinks? And can the ship’s owners preemptively block any responsibility?

Standard Employer Negligence

The four families suing TOTE Maritime claim the El Faro had a poor maintenance history and that the company recklessly sent the ship sailing toward a hurricane. The ship disappeared off the coast of the Bahamas while Hurricane Joaquin was raging off the islands. The lawsuits allege the El Faro had faulty electrical systems and corroded steel, lacked on board functioning Emergency Position Indicating Radio Beacons, and was “routinely overloaded with cargo, including vehicles, that created hazardous conditions.”

Failure to properly maintain the El Faro could be evidence of employer negligence, as TOTE would have a legal duty to provide a safe working environment. TOTE’s complaint is an attempt to forestall any negligence claims, saying that says it “exercised due diligence” in preparing the ship for the voyage and thus should be free of “liability for any and all losses or damages sustained during the voyage … and from any and all claims for damages that have been or may hereafter be made.”

Jones and Death on the High Seas

Two statutes could hold the company liable, however. The Jones Act covers commercial shippers and protects employees at sea. As opposed to normal injury claims, a plaintiff in a Jones Act claim only needs to show that the employer’s negligence played some role in the injury.

Families of the victims may also sue under the Death on the High Seas Act, which provides that when “the death of an individual is caused by wrongful act, neglect, or default occurring on the high seas beyond 3 nautical miles from the shore of the United States, the personal representative of the decedent may bring a civil action in admiralty against the person or vessel responsible.”

The battle over the El Faro has already begun, with the owners trying to avoid any trial at all. We’ll see if the victims’ families will have their day in court.

If you have an injury claim against an employer, you may want to talk to an experienced injury attorney about your case.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• Different Types of Commercial Insurance (FindLaw)
• An Employer’s Liability for Employee’s Acts (FindLaw)
• 4 Potential Ways to Prove Employer Negligence (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/11/legal-liability-for-shipwrecks.html

Can I Sue for a Facial Scar?

via Tumblr hobbsr04.tumblr.com/post/132539868007 You can sue for a facial scar if it is the result of negligence on someone’s part. There may also be other bases for a lawsuit. How much a case will be worth and whether it is worth suing depends on how you got the scar and who was involved. If you went to see a plastic surgeon and the doctor left you with a visible unwanted incision, your case is likely worth a lot of money. This is all the more true if you happen to rely on your face to make money, and that applies to more than just models. But if your scar is the result of a barroom brawl and the perpetrator is in prison, say, it may not be worth your while to sue. Bases for a Case Let’s consider bases for a case using the plastic surgery example above. You could sue for medical malpractice and, possibly, breach of contract, depending on the details of the deal you struck. If your surgeon misrepresented credentials or made other false statements to induce you to sign up for services, you may also claim misrepresentation. In a medical malpractice case you may also sue the hospital where the surgery was done. There may be an equipment malfunction to blame in some cases. An attorney will be able to tell you what claims are viable depending on what happened. Now let’s look at the barroom brawl case. While your face is no less precious than that of a person scarred by a surgeon, bases for a suit are probably fewer. Perhaps you can sue the bar for negligence in failing to maintain a safe establishment. Perhaps you got lucky (relatively speaking) and were slashed by a trust fund kid. Then, you may want to sue for damages for your facial scar even if the person responsible is incarcerated or unemployed. Have Your Case Assessed The devil is famously in the details and cases cannot be assessed in the abstract. If you have a facial scar and believe someone is responsible for it, speak to an attorney. Tell your story and find out more about how that person may pay for what happened. Related Resources: Browse Injury Lawyers by Location (FindLaw Directory) Medical Malpractice: Who Can I Sue? (FindLaw) Filing a Lawsuit: Should You Sue? (FindLaw) from Injured blogs.findlaw.com/injured/2015/11/can-i-sue-for-a-facial-... via Blogger hobbsr04.blogspot.com/2015/11/can-i-sue-for-facial-scar.html

via Flickr http://www.flickr.com/photos/87814799@N02/22162177843

Can I Sue for a Facial Scar?

You can sue for a facial scar if it is the result of negligence on someone's part. There may also be other bases for a lawsuit. How much a case will be worth and whether it is worth suing depends on how you got the scar and who was involved.

If you went to see a plastic surgeon and the doctor left you with a visible unwanted incision, your case is likely worth a lot of money. This is all the more true if you happen to rely on your face to make money, and that applies to more than just models. But if your scar is the result of a barroom brawl and the perpetrator is in prison, say, it may not be worth your while to sue.

Bases for a Case

Let's consider bases for a case using the plastic surgery example above. You could sue for medical malpractice and, possibly, breach of contract, depending on the details of the deal you struck. If your surgeon misrepresented credentials or made other false statements to induce you to sign up for services, you may also claim misrepresentation.

In a medical malpractice case you may also sue the hospital where the surgery was done. There may be an equipment malfunction to blame in some cases. An attorney will be able to tell you what claims are viable depending on what happened.

Now let's look at the barroom brawl case. While your face is no less precious than that of a person scarred by a surgeon, bases for a suit are probably fewer.

Perhaps you can sue the bar for negligence in failing to maintain a safe establishment. Perhaps you got lucky (relatively speaking) and were slashed by a trust fund kid. Then, you may want to sue for damages for your facial scar even if the person responsible is incarcerated or unemployed.

Have Your Case Assessed

The devil is famously in the details and cases cannot be assessed in the abstract. If you have a facial scar and believe someone is responsible for it, speak to an attorney. Tell your story and find out more about how that person may pay for what happened.

Related Resources:

• Browse Injury Lawyers by Location (FindLaw Directory)
• Medical Malpractice: Who Can I Sue? (FindLaw)
• Filing a Lawsuit: Should You Sue? (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/11/can-i-sue-for-a-facial-scar.html

7 Ways to Protect Your Rights as a Patient

via Tumblr hobbsr04.tumblr.com/post/132487074442 We trust our doctors with our lives. But that doesn’t mean that we don’t have rights as patients. While medical professionals can give us expert advice on our health care, we have the ultimate say on our medical decisions. At times, we have to be our own health care advocates, and it helps to know what our patient rights are and how to assert them. Here are seven ways to protect your patient rights: Understand Your Health Insurance: Granted, health insurance policies aren’t the easiest to understand. But many carriers offer outlines of their coverage and can answer any questions you have about what’s covered and your health care costs. Understand Your Employer’s Policies: The Family and Medical Leave Act is a federal law that has guarantees 12 weeks unpaid leave per year, but only if your employer qualifies. Some states and cities have different leave requirements, and some employers offer more than others, so being familiar with your employer’s policy is essential. Understand Your Diagnosis: Medical information and options for treatment can be complex, so you may want to invite a trusted friend or family member to join you when discussing your healthcare with your physician. Also, if you don’t like the way you’re being treated or don’t believe your physician is providing the best possible care, you have the right to seek a second opinion. But you may want to check ahead of time with your health insurance, because not all doctors are covered and a second opinion may not be free. Understand Informed Consent: Absent an emergency, medical practitioners are required to obtain a patient’s “informed consent” before providing medical care or treatment. This means a physician (or other medical provider) must tell you all of the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment, and must obtain your written consent to proceed. Make sure your physician explains all the potential treatments to you, whether or not your health insurance will pay for them. Understand Your Right to Refuse Medical Treatment: You have the right to refuse medical treatment. You can also leave a hospital or healthcare facility against medical advice, but you may be required to sign a form indicating refusal of treatment in order to absolve facilities from future malpractice claims. Understand Your Right to Your Medical Information and Records: In most cases, doctors cannot give your personal medical information to others without your permission. In addition, keeping your own records of your healthcare treatment and making sure to inform your primary physician of treatment you have received from other doctors can aid in your diagnosis and treatment. Understand Your Future Healthcare Decisions: There may be a time when you can’t make medical decisions for yourself. Drafting a healthcare directive like a living will or durable power of attorney can help make those decisions should you be incapacitated. Understanding and asserting your rights as a patient can be complicated. You may want to consult an experienced attorney to help you know your patient rights and make sure your health care decisions are followed. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Patient Rights Basics (FindLaw) Emergency Room Laws: You Have Rights (FindLaw’s Injured) What’s the Difference? Living Will vs. Durable Power of Attorney (FindLaw’s Law and Daily Life) from Injured blogs.findlaw.com/injured/2015/11/7-ways-to-protect-your-... via Blogger hobbsr04.blogspot.com/2015/11/7-ways-to-protect-your-righ...

via Flickr http://www.flickr.com/photos/87814799@N02/22730027806

7 Ways to Protect Your Rights as a Patient

We trust our doctors with our lives. But that doesn’t mean that we don’t have rights as patients. While medical professionals can give us expert advice on our health care, we have the ultimate say on our medical decisions.

At times, we have to be our own health care advocates, and it helps to know what our patient rights are and how to assert them. Here are seven ways to protect your patient rights:

1. Understand Your Health Insurance: Granted, health insurance policies aren’t the easiest to understand. But many carriers offer outlines of their coverage and can answer any questions you have about what’s covered and your health care costs.
2. Understand Your Employer’s Policies: The Family and Medical Leave Act is a federal law that has guarantees 12 weeks unpaid leave per year, but only if your employer qualifies. Some states and cities have different leave requirements, and some employers offer more than others, so being familiar with your employer’s policy is essential.
3. Understand Your Diagnosis: Medical information and options for treatment can be complex, so you may want to invite a trusted friend or family member to join you when discussing your healthcare with your physician. Also, if you don’t like the way you’re being treated or don’t believe your physician is providing the best possible care, you have the right to seek a second opinion. But you may want to check ahead of time with your health insurance, because not all doctors are covered and a second opinion may not be free.
4. Understand Informed Consent: Absent an emergency, medical practitioners are required to obtain a patient’s “informed consent” before providing medical care or treatment. This means a physician (or other medical provider) must tell you all of the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment, and must obtain your written consent to proceed. Make sure your physician explains all the potential treatments to you, whether or not your health insurance will pay for them.
5. Understand Your Right to Refuse Medical Treatment: You have the right to refuse medical treatment. You can also leave a hospital or healthcare facility against medical advice, but you may be required to sign a form indicating refusal of treatment in order to absolve facilities from future malpractice claims.
6. Understand Your Right to Your Medical Information and Records: In most cases, doctors cannot give your personal medical information to others without your permission. In addition, keeping your own records of your healthcare treatment and making sure to inform your primary physician of treatment you have received from other doctors can aid in your diagnosis and treatment.
7. Understand Your Future Healthcare Decisions: There may be a time when you can’t make medical decisions for yourself. Drafting a healthcare directive like a living will or durable power of attorney can help make those decisions should you be incapacitated.

Understanding and asserting your rights as a patient can be complicated. You may want to consult an experienced attorney to help you know your patient rights and make sure your health care decisions are followed.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Patient Rights Basics (FindLaw)
• Emergency Room Laws: You Have Rights (FindLaw’s Injured)
• What’s the Difference? Living Will vs. Durable Power of Attorney (FindLaw’s Law and Daily Life)

from Injured http://blogs.findlaw.com/injured/2015/11/7-ways-to-protect-your-rights-as-a-patient.html

Can I Start a Class Action Lawsuit?

via Tumblr hobbsr04.tumblr.com/post/132438279007 You can start a class action lawsuit under certain circumstances. But you need a class of people with similar injuries that need representation, and a court will have to approve that class. Class action lawsuits are consolidated cases. They exist for efficiency’s sake. But they can be intense and complex. These cases involve an inordinate amount of administration and can be taxing on resources. You will need the assistance of an attorney who is knowledgeable in class actions. Process for Getting Certified Counsel’s first moves will be to seek class certification. Rule 23 of the Federal Rules of Civil Procedure outlines the requirements for creating a class, as follows: Class is so big too many members to all join in a standard suit. There are questions of law or fact common to all parties. The claims or defenses of the representative party are typical of the claims or defenses of the class. The representative parties will fairly and adequately protect the interests of the class. If all four of the above requirements are met, the court will also consider the following: Where individual litigation would require the opposing party to act inconsistently to different class members or to those not party to the individual action. Where the opposing party has refused to act on grounds that can be applied to the whole class such that the same relief for the whole class would be appropriate. Where questions of law or fact common to the whole class outweigh issues impacting only individual plaintiffs so that a class action is the best way to determine respective rights and liabilities. Why Bring a Class Action A class action is brought when a group of people have the same or similar injuries and it makes more sense to bring a single claim on behalf of multiple plaintiffs. One such suit was filed against Apple recently when a couple in San Jose sued on behalf of all iOS9 users who were not warned that having a Wi-Fi assist service on default yielded exorbitant cell phone bills. The couple in California does not know every single user impacted as they were by the service. But they were able to tell – based on news reports and research – that the default setting was a problem that impacted many consumers. Class actions are often a good vehicle for cases where damages are relatively minimal but plaintiffs are many. The named plaintiff or lead plaintiff has the representative claim. All other plaintiffs’ claims are decided based on the decision regarding the named plaintiff. Consult With an Attorney Given the complexity of class actions, you absolutely need an attorney if you intend to sue and want to do so on behalf of a group of plaintiffs. Class actions are important and can be very effective. Whether you want to sue on behalf of a group of employees who were discriminated against or on behalf of a group of people harmed by a product or service, speak to an attorney. Related Resources: Browse Class Action Lawyers by Location (FindLaw Directory) Class Action Cases (FindLaw) Wage and Hour Class Action Lawsuits (FindLaw) from Injured blogs.findlaw.com/injured/2015/11/can-i-start-a-class-act... via Blogger hobbsr04.blogspot.com/2015/11/can-i-start-class-action-la...

via Flickr http://www.flickr.com/photos/87814799@N02/22739709731

Can I Start a Class Action Lawsuit?

You can start a class action lawsuit under certain circumstances. But you need a class of people with similar injuries that need representation, and a court will have to approve that class.

Class action lawsuits are consolidated cases. They exist for efficiency's sake. But they can be intense and complex. These cases involve an inordinate amount of administration and can be taxing on resources. You will need the assistance of an attorney who is knowledgeable in class actions.

Process for Getting Certified

Counsel's first moves will be to seek class certification. Rule 23 of the Federal Rules of Civil Procedure outlines the requirements for creating a class, as follows:

1. Class is so big too many members to all join in a standard suit.
2. There are questions of law or fact common to all parties.
3. The claims or defenses of the representative party are typical of the claims or defenses of the class.
4. The representative parties will fairly and adequately protect the interests of the class.

If all four of the above requirements are met, the court will also consider the following:

1. Where individual litigation would require the opposing party to act inconsistently to different class members or to those not party to the individual action.
2. Where the opposing party has refused to act on grounds that can be applied to the whole class such that the same relief for the whole class would be appropriate.
3. Where questions of law or fact common to the whole class outweigh issues impacting only individual plaintiffs so that a class action is the best way to determine respective rights and liabilities.

Why Bring a Class Action

A class action is brought when a group of people have the same or similar injuries and it makes more sense to bring a single claim on behalf of multiple plaintiffs. One such suit was filed against Apple recently when a couple in San Jose sued on behalf of all iOS9 users who were not warned that having a Wi-Fi assist service on default yielded exorbitant cell phone bills.

The couple in California does not know every single user impacted as they were by the service. But they were able to tell -- based on news reports and research -- that the default setting was a problem that impacted many consumers.

Class actions are often a good vehicle for cases where damages are relatively minimal but plaintiffs are many. The named plaintiff or lead plaintiff has the representative claim. All other plaintiffs' claims are decided based on the decision regarding the named plaintiff.

Consult With an Attorney

Given the complexity of class actions, you absolutely need an attorney if you intend to sue and want to do so on behalf of a group of plaintiffs. Class actions are important and can be very effective. Whether you want to sue on behalf of a group of employees who were discriminated against or on behalf of a group of people harmed by a product or service, speak to an attorney.

Related Resources:

• Browse Class Action Lawyers by Location (FindLaw Directory)
• Class Action Cases (FindLaw)
• Wage and Hour Class Action Lawsuits (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/11/can-i-start-a-class-action-lawsuit.html