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Posted by on Jun 24, 2014 in The Oil Spill | 0 comments

BP Oil Spill Claims

Four years after the BP oil pill in the Gulf of Mexico, the battle for compensation and fair settlement is still raging on, especially for those who have suffered because of the devastation. Many of those directly affected – those who live near and around the Gulf area – are already fed up with the BP Company’s claim that the oil crisis is over. Many residents who have businesses and depend their livelihood on fishing around the Gulf area have been upset with the uneven compensation given to them.

There are claimants that are happy with the compensation package they have been awarded, but a number are angry as BP is now challenging the conditions for compensation claims. Many have also reported and are irate over BP’s portrayal of the impact of the oil well explosion, contradicting the oil company’s allegation that the Gulf has been fixed. BP has issued a statement that discrepancies stated against them have no scientific basis and studies conducted have proven the safety of the water.

Claims for lost income and property damage have been easier for large businesses and individuals as compared to smaller companies or start-ups who do not have detailed accounts. However, BP has asserted that their settlement program has been too generous in some cases. Yet, the settlement has not given compensation to everyone affected. Only about 20 out of more than 3,000 claims have received compensation so far.

BP has recently won a court battle to limit who qualifies for compensation payouts. In order to have a better and claim for compensation, find BP oil spill lawyers who will represent your case in court effectively.

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Posted by on Jun 22, 2014 in Minerals | 0 comments

Are You Living on Buried Treasure?

Mineral rights refer to landowner’s rights to earn a part of the profit from any type of minerals that could be extracted from the land. It generally describes the landowner’s rights to reap the benefits in a number of ways from the resources found in the ground. The mineral rights are applicable to every type of resources – metals and ores, gases and oil, and any other raw materials.

The landowner is also given the right to either profit from their mineral rights or to sell them. Because of the difficult and complicated process needed to extract the minerals from the ground, many landowners would allow oil and mineral companies to do the extracting in exchange of royalty income from the revenue the mineral brought it. There are several ways a landowner can profit; they can be sold directly, leased or developed. It all depends on the needs and wishes of the landowner.

When landowners choose to sell their mineral rights, it may be more helpful to have someone help with the legalities of the selling. According to The Mineral Auction, what complicates the process of selling mineral rights is that once they are bought, the buyer (and all possible future buyers) will be given the right to abuse the property. This could be a problem for the seller as well as other future owners. Others who buy mineral rights also have aims of simply being middlemen – wishing to invest on the property while act as property brokers to mining companies in order to gain a higher profit.

Mining companies that buy mineral rights also purchase the right to enter the land and remove the resources, taking any authority from the property owner to decide when to begin mining the resources or the process of how it will be done, as well as how the area will be restored. It may even take years for mining companies to begin operation, by which time other people may have to deal with the transaction you have made with them.

As The Mineral Auction advises, it takes a certain amount of knowledge, patience, and skill to have a profitable negotiation when it comes to selling mineral rights. When you believe that you don’t have all of these abilities, it would be better to find someone who does, like a lawyer or firm that knows how to legally deal with these business and ensures that your rights are protected as well. It would be wiser to hire a lawyer to help with the business negotiation than to lose money in the long.

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Posted by on Jun 21, 2014 in Automobile Accidents | 0 comments

Big Rig Regulations

Semi-trucks or “big rigs” can have legal issues that are particular only to their case and could affect the outcome of the trial. This is simply because operators of semi-trucks are given a number of state and federal regulations that they have to follow and comply to. They are also required to carry insurance coverage that has higher limits, as compared to regular vehicle drivers. It may also be possible to have multiple parties that will be involved in the financial responsibility other than the semi-truck driver. Because of these reasons, a person who has suffered injuries caused by a semi-truck driver has a bigger chance of getting compensation as compared to the “standard” vehicular accident.

There are strict state and federal safety standards which semi-truck operators, drivers, manufacturers, and owners are required to follow, from the quality control to the driver’s operating time, the weight of the haul, and many more.  In cases where the plaintiff is clearly not the one who have caused the accident, it could clearly show that the defendant has violated a certain safety statute or ordinance. Being able to prove in court that the defendant was negligent is vital in a personal injury claim as it increases the possibility of winning and getting compensation. The best thing about this is if you and your Louisville car accident lawyer have a stronger evidence of the defendant’s negligence, you have higher chances of having the case settled before it even goes to court.

One more crucial aspect of having a state and federal safety regulation against semi-truck accidents is the high insurance requirements that semi-truck operators are obligated to have would entitle the plaintiff with a higher amount of settlement or compensation than what a “standard” car accident could provide. Although the defendant will only be able to settle for an amount he or she can readily afford (equivalent to the maximum amount that the semi-truck operator is allowed his or her insurance), the plaintiff will be guaranteed a small settlement.

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Posted by on Jun 19, 2014 in Fall Injuries | 0 comments

Who is Liable for Slip and Fall Accidents?

The responsibility of ensuring the safety of a stairwell falls on the owner of the property. Stairs can contribute to a number of accidents and injuries – some of which are very obvious, while others are not as noticeable at first. It is important to make an effort to figure out how the stairs actually caused the accident.

What makes stairs dangerous are the concealed hazards, such as worn-down carpets or faulty steps that lead to accidents and serious injuries. There are also stairs that have really polished surface that could make it more slippery than the usual stone, carpeted, or painted wood stairs. It is the property owners’ responsibility to ensure that these issues are addressed before they cause any unfortunate events.

As for outdoor stairs, although it can be argued that the property owner does not have any ability to control the weather, they still have the responsibility of maintaining the stairs to ensure the safety of the people using it. Outdoor steps should be made level with a surface that does not allow any snow or water build-up to about it being slippery or icy. They should have an anti-slip surface to prevent any hazards.

Every state has their own set of rules and laws regarding building safety which builders and property owners are required to follow. If you have been injured due to slipping, tripping, or falling off the stairs, then you can have a personal injury claim. According to the website of Habush Habush & Rottier S.C. ®, you may have a stronger case when you can effectively prove that the accident was due to (or was made worse by) a part of the stairs that does not follow building safety code.

When you believe that the stairs you fell from was made without the did not comply with the building code stair safety laws of your state or county, then you can ask for help from Riverside personal injury lawyers to help you represent your plight in court, especially when there is strong evidence that the stairs were not reasonably safe to begin with.

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Posted by on Jun 16, 2014 in Crime | 0 comments

The Effects of a Criminal Conviction

A criminal conviction is a serious matter that can carry a lot of weight in the life of the person who has them. As a couple goes through a divorce and child custody is put on the table, a criminal conviction can have a significant role in determining the custody and visitation rights. Bottom line is, generally every child custody case are decided with the child’s best interest in mind. Those who have past criminal convictions can lose child custody and visitation rights, although there are still factors that the family court judge has to examine before making a decision.

The parents’ character and disposition are among the characteristics that the family court will consider when deciding child custody. If a parent has a criminal history, a number of aspects are looked into to check the possibility of child custody and visitation rights. Among these factors are the number and age of convictions, the victims involved in the offence, the type of offence made, and the nature of the penalties or sentence given.

The court usually grants limited custody and visitation rights once it is determined that the criminal conviction caused psychological and emotional injury to the child. Moreover, many courts in the United States have started to adopt the “domestic violence presumption”, where the possibility of being violent is very much probable once a history of domestic violence has been established. Convictions that can possibly affect these are those of assault, sexual abuse or life-threatening injuries, stalking, weapons offences, and many others.

Additionally, drug-related convictions as well as alcohol-related ones are often viewed as behaviors that are reckless and dangerous and which can potentially put the child’s life in danger. The age of the conviction can help in proving the conviction can be a one-time event only, or that actions have been made to better the person; however, recent criminal convictions may put the parent in a bad light and show poor judgment that could typically be difficult to overcome. Also, the frequency and the nature of these convictions are also taken into consideration. According to this Austin criminal defense lawyer website, a string of convictions can prompt the court to identify you as having difficulties following the law, and can become stability issues.

The presence of a criminal conviction can certainly be a great factor to determine whether you will lose child custody or visitation rights or not. Nevertheless, it helps to talk to an Austin criminal lawyer to know possible options in ensuring your right to be a parent to your child will not be disregarded.

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