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Types of Breach of Contract

Posted by on 2:15 pm in Courts, Law | 0 comments

When two parties enter a contract, they enter a binding agreement once they affix their signatures. By signing the document, the two parties become aware of the potential consequences when they violate the terms of the contract. When one of the parties breaks the agreement, there is a breach of contract. According to the website of Slater Pugh, Ltd. LLP, breach of contract carries huge penalties which could end up in a legal dispute.

A breach happens when one of the parties involved in the contract does not hold their end of the agreement. For example, when a seller sells a sub-standard item or does not deliver on time, he breaches the contract. If a car needs to be repaired while still under warranty and the shop does not repair the car, there is a breach of contract. There are several ways for a breach to happen:

Material Breach

This happens when one of the important elements of the agreement is not followed. A customer who gets a computer package but only received a monitor cannot sue the company because they still fulfilled their part of the contract.

Minor Breach

Let us say that the seller of the computer above delivered a whole package but some pages of the user manual were missing, there would be no breach involved. Instead the said company must remedy the situation.

Anticipatory Breach

From the word itself, there is anticipation that one of the parties involved will not be fulfilling their side of the contract. Just like minor breach, the erring party must need to remedy the breach.

Actual Breach

This is when one of the parties does not completely deliver on their side of the agreement.

Remedies For Breach

There are several remedies available in a breach of contract

  • Compensatory Damages – the party who breached shall pay a certain amount to reimburse the cost and compensate for the losses
  • Consequential and Incidental Damages – this is given to the parties involved who have knowledge of potential losses should the breach of contract is acknowledged
  • Liquidated Damages –these are damages stipulated in the contract
  • Punitive Damages is money awarded to the plaintiff for the action of the defendant
  • Attorney’s Fees can be paid to the legal representatives when expressly indicated in the contract or authorized by statute

Construction Accident Dangers

Posted by on 3:59 pm in Personal Injuries | 0 comments

Having a job is important to support yourself and your family. Some jobs, such as an office job, possess low risks. Other jobs are associated with high risks and dangerous work environments. Construction workers experience hazardous conditions in their daily working life when at construction sites. With so many different machines, people, and actions being performed, it’s easy for accidents to occur.

According to the Occupational Safety and Health Administration (OSHA), 4,679 workers were killed on the job in 2014. Accidents at a construction site could not only affect workers, but innocent passersby as well. If someone onsite acts negligently, it could result in devastating consequences. Knowing the high risks associated with construction work, onsite workers, construction management companies, and manufactures of construction equipment should diligently work together to assure the safety within the construction site.

Unfortunately, precaution isn’t always taken as thoroughly as it should be. Injury or even death could occur from a construction accident. Construction sites are naturally unsafe; an environment where every action that happens should be taken with caution, considering the frequent work that is done with dangerous tools and machines. Without proper adherence to safety protocols, many dangerous consequences could occur. According to the Cazayoux Ewing Law Firm, some of the most common causes for accidents and consequential results are as follows:

  • Equipment malfunction
  • Employer negligence
  • Slip and fall
  • Repetitive motion injuries
  • Lifting injuries
  • Exposure to toxic substances
  • Head and brain injuries
  • Amputations
  • Wrongful death

The results that follow these injuries are not only physically and emotionally traumatic; they can result in loss of wages due to not being able to work. The financial burden can grow quickly.

Healthcare Fraud: Unjustly Compromising the Integrity of all Healthcare Providers

Posted by on 9:47 am in Criminal Prosecution | 0 comments

Healthcare fraud or health insurance fraud is one type of criminal activity that continues to be a threat to the financial aspect of different programs of the government. The Federal Bureau of Investigation (FBI), which is the prime agency responsible in exposing and investigating health care fraud in federal and private insurance programs, says that healthcare fraud costs the US tens of billions of dollars each year. To be able to identify and arrest, especially the most aggressive offenders, therefore, the FBI works determinedly with the help of local, state, and federal agencies, and private investigative associations, units, and insurance national groups.

Healthcare fraud can be committed through different ways, including: filing claims for treatments that are actually never performed; making claims for illnesses or injuries that do not really exist; fabricating names when filing insurance claims; over-charging the government for treatments provided to patients; filing claims for non-existent medical supplies; and, resorting to “rolling lab schemes,” wherein Medicare and insurance companies are billed for needless and, sometimes, bogus tests provided to retirement homes residents, health club patrons, and people in shopping malls (to make these tests appear legit, physicians’ signatures are often faked).

A number of nursing home facilities have also been found guilty of healthcare fraud, after they have been proven to be charging Medicare and Medicaid huge bills for what they claim as quality care for residents. All these facilities have shown, however, are clear elderly abuse and neglect committed through inadequate or unhealthy food, unhygienic and unsafe environment, lack of staff, little air conditioning or heat inside the facility, mildew, molds, rodents and insects everywhere, claims for patients who have already died or who do not exist at all, falsely placing residents under very high billing classifications, using inferior medical equipment, giving residents cheap and less-effective medicine while claiming payment for branded medication and high-quality service, and so forth.

Due to the greed of a few groups and erring medical professionals, the integrity of all healthcare providers is compromised, while the safety of thousands of patients put at risk. Despite the dedication of authorities and prosecutors in catching offenders, their overzealousness, sometimes, render them ending up running after innocent healthcare providers. In certain situations these authorities exaggerate the extent of the fraudulent acts of those that they arrest, unmindful of the damaging effects that an exaggerated accusation can cause these healthcare providers.

As stated in the webpage of the Yvonne Fraser Law Office, being accused of healthcare fraud, whether based on bogus billing or any other fraudulent medical act, puts one at the risk of losing his or her professional license. The webpage, however, also makes clear that, through the help of a highly-skilled criminal law attorney, the person under investigation may have the acquittal that he or she truly deserves.

His/Her license is a professional’s life; losing it because of a petty mistake or wrong accusation can cause a devastating blow to one’s future. There are thousands of criminal law attorneys in the US; however, there may only be a handful who may be able to provide the kind of legal help that is really necessary.

Severe Morning Sickness

Posted by on 5:39 pm in Injury | 0 comments

Morning sickness can be defined as the bouts of nausea and vomiting experienced by pregnant women in their first trimester of pregnancy. This is a perfectly normal part of any pregnancy and if experienced normally should not be cause for alarm. However, a severe version of this can result in a medical condition which is not normal and should be treated by a medical professional before it poses a threat to the health of both the mother and her child. Severe morning sickness, known by its medical term “hyperemesis gravidarum” is a medical condition in which a pregnant mother experiences excessive vomiting multiple times a day. This can result in weight loss and puts the mother at risk for dehydration.

Severe morning sickness, in addition to its dangerous symptoms, also occurs on a different timeline the traditional morning sickness. Severe morning sickness can start earlier in the pregnancy and although most women will begin to feel improvements halfway through their pregnancy, some may experience this condition throughout the entirety of their pregnancy.

There is a wide range of treatments for severe morning sickness, all of which require the consultation of a medical professional. The resulting dehydration can be treated by IV fluids and any nutrient loss can be reintroduced through vitamin and nutritional supplements. Changes in diet of the mother can also help reduce the symptoms associated with severe morning sickness. In very severe cases, doctors have prescribed anti-vomiting medication to treat the symptoms of severe morning sickness. Zofran is one of the drugs that has been prescribed off-label to treat this condition. However, investigations by Zofran attorneys have raised concerns that Zofran can lead to birth defects if taken by women while pregnant. Therefore, the use of this drug for this particular treatment is highly cautioned.

What Can I Do When I Get A Disabling Injury?

Posted by on 4:06 pm in Injury | 0 comments

All it takes is the blink of an eye for something to happen that could take years to recover from.

Picture this: a career which you enjoy, with a skill you have been perfecting your entire life, and one that sustains yourself and your family and suddenly, due to the negligent actions (either knowingly or not) of a guilty party, is suddenly one that you can no longer do professionally? It is horrible just to imagine – like a violinist without limbs or a painter who goes blind. According to the website of the Abel Law Firm, this kind of situation constitutes as reason for a  personal injury lawsuit.

Personal injury is an area of law that allows for victims to pursue justice against offending parties who need to compensate them for the damage their actions have done. The damage done could be more than sudden physical disabilities, whether they are temporary or devastatingly permanent, can have severe psychological effects on the victim. There is also the fact that having a disability will also impact the victim’s professional capabilities, rendering him or her as unfit for work for a time, severely affecting the victim and the victim’s family’s finances. Situations like these require expert help.

If the injury sustained results into a disability, there are official procedures to follow in order to receive social security disability benefits. However, according to website of the Hankey Law Office, this process can be extremely difficult and tedious to attend to. After all, the last thing you might want to do after suffering such an unfortunate circumstance is to deal with queues and paperwork and legal issues. That is why acquiring specialist can not only be crucial in order to receive compensation and benefits but also beneficial, in a sense that it can save a lot of time, stress, and heartache in the end.

What Exactly is Patent Law and How Is It Enforced?

Posted by on 7:30 pm in Patents | 0 comments

During the recession, quite a lot of employees were let go from their jobs due to the introduction of the internet, as well as the advancing of technological advancements that made human effort as an obsolete model. You know what can never be replaced, however? Human ingenuity or imagination. It is a highly irreplaceable trait that many brilliant minds are capable of, as it is near the natural instinct of humans – to create, to innovate, to evolve.

Ideas, however, can be stolen – which called for the need of patents in order to protect the rights of the people who came up with it in the first place. A patent is one that protects the idea as property to its rightful inventor, ergo making him or her as the sole owner of the given idea. If anyone else were to profit or recreate the idea without permission from the owner, legal action is warranted. In this still barely stable economy, thievery and piracy of all kinds is more than rampant – ergo making the need for the enforcing of patent law just that much more necessary.

A Fort Worth patent lawyer may say, however, that the grounds for legal action with patent laws can be extremely difficult to maneuver through. The procedures can be more than difficult but also quite stressful, affecting many people. If the owners or companies in question employ a lot of people or are well known throughout the market, there is precedent for media attention, only adding more to the burden of having to go through a dilemma such as this.

Fortunately, there are lawyers who specialize in this particular branch of law. An expert in the field will allow for a smoother, more hassle-free process and is relatively more capable than one who only has a mere generalized handle for these kinds of legal issues. Patent disputes are tricky cases and no case is the same, making each claim as one that is not completely straightforward and only more burdensome to even contemplate. That is why legal advice and assistance in situations of this nature have never been more crucial.

Am I Eligible to Claim for Unpaid Overtime?

Posted by on 11:10 am in Rules of Employment | 0 comments

There are one hundred and sixty eight hours in a week. At least sixty of those hours are spent for sleeping or resting or eating. Forty of those hours, for an adult, are dedicated for work. There are some workers in the United States who rely upon an hourly wage and spend a lot of time dedicating themselves to their work for minimum wage.

Some workers all over the world choose to put in more than enough hours every week in order to earn more money. Debt and taxes seem to be a truth that most people of America are more than used to that these burdens can even fall upon the shoulders of teenagers, people who should still be in school. It has been a difficult last few decades, economically speaking, and people are still trying to patch themselves back up by sacrificing the extra crucial hours that could be otherwise used for mental and psychological relief.

Sometimes, the difficulties are rewarded – as is mandated by overtime laws. However, not every employer can see in the same way and not every employee is aware of his or her rights regarding these matters. It is quite the technical process, making it arduous and very stressful.

It can be difficult to ascertain if you even qualify for unpaid overtime or have a valid wage dispute. The website of Cary Kane says that the procedure is notably technical with “many significant exemptions.” Putting in so many hours and sacrificing health and sleep in order to earn more just to keep personal affects and food in their own and their family’s bellies is no laughing matter – and yet many claim that the system is a joke.

This does not have to be true when legitimate, specialized help is sought out. If you or someone you know is in a situation of a similar nature, it is highly recommended that legal services are acquired in order to attain the best possible representation in a court of law – assuring you of the payment that you have more than rightly earned.

Why Should I Get a Personal Injury Lawyer?

Posted by on 4:40 pm in Injury | 0 comments

Television can make it seem so exciting – the legal process. You watch the fictionalized drama, listen to the researched legal jargon spouted by trained and professional actors who sound like they know what they’re talking about, and the problem is usually resolved in forty five minutes – with commercials in between, just enough time to microwave a bit of popcorn. Sadly, this does not quite translate to what actually happens in real life.

Legal procedures in reality are quite tedious, stressful, and extremely difficult if you don’t know your way around. A few marathons of Law & Order can only get you so far. That and people who often have to deal with legal dilemmas are usually not given the opportunity to simply focus on the case and allow for life to be simple background noise. Citing the website of the LaMarca Law Group P.C., there are also the financial constraints as well as the psychological damage sustained due to incidents that require need of legal action in the first place.

Take, for example, a personal injury lawsuit. According to the website of Ravid & Associates, P.C., personal injury is a branch of law that deals with accidents or injuries that are a direct result of either willful or ignorant negligence. These laws sometimes have tiny, almost imperceptible changes between states, meaning that cases can be dependent upon little fine print.

The benefit of acquiring the services of those that specialize in this particular branch of law, however, is that their service is not confined to generalized assumptions. There is care and experience that grants them prestige in a case, allowing for the client to be given a better deal as well as only the best kind of treatment available. An umbrella term like ‘personal injury’ can encompass several different subsets of law, making it that much more stressful and possibly difficult.

How Can I Receive Workers’ Compensation?

Posted by on 8:26 am in Injury, Rules of Employment | 0 comments

Following the recent years of financial backlash, and with this currently technologically-savvy generation, every industry and economy is rather difficult to weave through. Debts are a near staple to the life of every American and mortgages are just about a truth universally acknowledged that everyone will, at some point, go through. Some people have it harder than others, while it is all still quite universally hard. The setback of even one lost day can mean a great deal for any individual – or even for entire families.

The website of Wilson & McQueen says that even a single day of being unable to go to work due to an injury can result in stressful financial strain for all involved. That is why if the incident was due to an act of negligence that was not the fault of the worker involved and occurred within and due to the act, there is a need for the right to workers’ compensation to come into play. This, unfortunately, can sometimes be easier said than done.

It has been known that there are some larger corporations who would rather opt to not pay out the well-needed compensation for the injured worker. Stress due to financial strains can make it more difficult but crying about it will hardly move mountains. It is in times like these when legal advice and service should be sought as most lawyers only ask for to be paid if the case is won. These circumstances are not quite as rare as one might think. As a matter of fact, according to the website of Spiros Law, P.C., millions of Americans are injured while on the job every single year.

If you or someone you know is currently having to go through the perils of seeking workers’ compensation and yet find the legal procedures difficult to go through, as well as everything else that needs to be taken care of, it is advisable for the victim to seek out professional legal help.

Consequences of an Injury

Posted by on 10:09 am in Injury | 0 comments

There are few things in this world that can be relied upon – consequences are one of them. Some of which are easy to deal with, the just reaction of fate something that can be lived with. Sometimes, it isn’t quite that simple – especially when the consequences are due to actions that were not the victim’s own. Accidents happen, and sometimes they happen to innocent people. However, as stated before, consequences are reliable.

The right kind of consequence can be difficult to bring about – and sometimes it takes a bit of help.

Personal injury lawsuits are legal matters that involve an innocent party getting injured due to the negligent actions of a guilty party. There are several different subsets that are classified into the umbrella term of ‘personal injury’ such as premises liability, defective drugs, medical malpractice, car accidents, et cetera. And with each of these subsets come little discrepancies, as mandated in court law, making for significant implications in certain cases.

Dealing with the consequences of an accident can touch more than just one aspect of the victim’s life. According to the website of Hach & Rose, LLP, alongside physical injuries, there can be some serious psychological damage and even some significant stress put upon the family due to medical bills and procedures required as well as the loss of wages. It may not be the very first priority to immediately seek legal services on top of everything already going on but what some people fail to recognize is that the duty of a legal team is not confined to the court room.

They are meant to ensure that you receive justice – and that includes the best possible compensation deal as well as superb medical care in order to make sure that you have your best chance at reclaiming something close to normal life again. Sometimes, these kinds of consequences are difficult to make true if you don’t know how to play the cards. Specialized attorneys have been studying the decks for years and sometimes, it’s not all up to fate.