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		<title>Alaska Maritime Lawyers Helping Those Harmed At Sea</title>
		<link>http://www.news-articles-blog.com/2011/08/03/alaska-maritime-lawyers-helping-those-harmed-at-sea/</link>
		<comments>http://www.news-articles-blog.com/2011/08/03/alaska-maritime-lawyers-helping-those-harmed-at-sea/#comments</comments>
		<pubDate>Wed, 03 Aug 2011 18:04:05 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Business Law]]></category>
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		<category><![CDATA[Alaska maritime lawyers]]></category>
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		<description><![CDATA[Anyone who is at all familiar with Alaska understands that the state depends on the sea to keep its economy moving.  The sea creates and maintains countless jobs and generates revenue that&#8217;s critical for the wellbeing of the state overall and for its residents.  Unfortunately, most people also understand that accidents can occur at sea [...]]]></description>
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<p>Anyone who is at all familiar with Alaska understands that the state depends on the sea to keep its economy moving.  The sea creates and maintains countless jobs and generates revenue that&#8217;s critical for the wellbeing of the state overall and for its residents.  Unfortunately, most people also understand that accidents can occur at sea that lead to serious injuries and to fatalities.  If this has happened to you or to someone you love, you need to seek the help of experienced <a href="http://www.barberandsims.com/" title="Alaska maritime lawyers">Alaska maritime lawyers</a> as soon as possible.  Below is an introduction to this issue.</p>
<h3>Where Maritime Injuries Occur</h3>
<p>When a legal issue involving maritime law arises, most people consider a scenario where someone has been injured at sea.  While injuries that occur on the water obviously comprise many of the cases that are heard in courtrooms, there are also injuries that can occur on docks and in loading centers that relate to sea-dependent industries.  These injuries would also be considered maritime issues even though they occurred on land.</p>
<h3>Common Times of Maritime Injuries</h3>
<p>Over time, there have been countless different types of injuries that occur in Alaska that fall under the realm of maritime law.  However, there are certain types of injuries that occur more often than others, and below are a few examples of these common Alaska maritime injuries:</p>
<ul>
<li><strong>Dock workers</strong> – Dock workers have a dangerous job, as they must handle enormously heavy cargo and load ships in very tight spaces.  Therefore, injuries to dock workers occur at an alarming rate.</li>
<li><strong>Commercial fishing vessel workers</strong> – Alaska is famous for its commercial fishing, and the challenges faced by those who work at sea in this regard are well known around the United States.  Every day brings risk to these brave people.</li>
<li><strong>Cruise ship workers</strong> – Alaska&#8217;s cruise ship industry is also a critical component of the state&#8217;s economy, and like any other occupation, those that dedicate themselves to this vocation can be injured for any number of reasons.</li>
<li><strong>Travelers</strong> – Not everyone who is out on the open water in Alaska is a worker.  Travelers on cruise ships and charter fishing vessels also venture out almost daily for enjoyment.  When these people are injured or worse, they too need to be able to enforce their legal rights.</li>
</ul>
<h3>How Alaska Maritime Lawyers Can Help</h3>
<p>There are many different laws that can govern specific situations that relate to injuries suffered at sea.  If you or someone you love has been harmed in this manner, you need to be able to focus on your recovery and allow <a href="http://www.barberandsims.com/" title="experienced Alaska maritime lawyers">experienced Alaska maritime lawyers</a> to handle the specifics of your legal claim.  Contact <strong>Barber &amp; Sims</strong> today to schedule a free initial consultation to get this process started.</p>
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		<title>Anticipating Legal Needs In An Economic Depression</title>
		<link>http://www.news-articles-blog.com/2008/01/22/anticipating-legal-needs-in-an-economic-depression/</link>
		<comments>http://www.news-articles-blog.com/2008/01/22/anticipating-legal-needs-in-an-economic-depression/#comments</comments>
		<pubDate>Wed, 23 Jan 2008 05:51:53 +0000</pubDate>
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		<description><![CDATA[By: R. Sebastian Gibson, Attorney At Law It is January 21, 2008, and not only is the word ARecession@ being used more and more frequently by analysts, we are now starting to also hear the word ADepression@ as a possible outcome of this economic crisis facing the United States and possibly the rest of the [...]]]></description>
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<p>By: R. Sebastian Gibson, Attorney At Law</p>
<p>It is January 21, 2008, and not only is the word ARecession@ being used more and more frequently by analysts, we are now starting to also hear the word ADepression@ as a possible outcome of this economic crisis facing the United States and possibly the rest of the world.</p>
<p>As this article is being written, the stock markets around the world have started to fall more precipitously with most of the markets in Europe, Asia, China, Latin America and Canada falling from 5% to 8% overnight.  U.S. markets are expected to fall over 500 points when the U.S. markets open again for business on the Tuesday following the Martin Luther King holiday.<span id="more-68"></span></p>
<p>Clearly as others have already stated, we are already in a housing depression.  If indeed the recession in the U.S. causes other countries to similarly suffer a recession and if the U.S. then falls into a depression not seen since the 1920s in this country, what type of legal ramifications can lawyers expect to see in the U.S.?</p>
<p>In a depression when money is scarce and job security is non-existent, lawyers can expect new legal business to all but dry up.  That is almost a given.  Hiring a lawyer to pursue a legal remedy except on contingency, will be far down on any person&#8217;s list of priorities.  Money for food, rent, and other necessities will take a much greater priority in people&#8217;s lives.</p>
<p>Not being immune to a depression, lawyers themselves will also be less willing to expend their own limited resources in such times to pursuing all but the most sure of cases.  But what will be a sure case in a depression?  And what will the attitudes be of insurance companies being asked to settle such cases in a depression?</p>
<p>It is very possible that in a depression, one if not more than one insurance company may declare bankruptcy.  Insurance companies routinely invest their assets in stocks, both in the U.S. and in emerging markets.  If all such markets fall as they are currently all falling, one or more insurance companies may find that they have lost millions of dollars if not billions of dollars.  Once that occurs, they can lose their top credit ratings, and after that, the road is a slippery slope downwards for them.</p>
<p>If one or more such companies fail, the others will likely become extremely cautious in their dealings.  They will probably initially become both far more willing to settle all their cases as quickly as possible in order to take their loss reserves off of their books and avoid incurring any more defense legal fees.</p>
<p>If the depression lasts, however, for any length of time, and more insurance companies find themselves at risk of bankruptcy, at some point lawyers may find insurance companies stalling and refusing to settle cases at all in order to preserve what few assets they have left.</p>
<p>As financial matters strain more and more marriages, divorce lawyers may find the number of people seeking divorce rising while fewer and fewer people have the money to pay for legal fees.</p>
<p>Businesses suffering steep losses will similarly be unable or unwilling to hire attorneys to stand up for their legal rights.</p>
<p>Criminal activity is likely to increase throughout the stages of a depression, again with few of those caught having the money to pay for criminal defense attorneys.</p>
<p>With a depression already here in the real estate field, real estate attorneys are already fielding hundreds of calls from panicky real estate investors trying to get out from under mortgages that are dragging them into bankruptcy.  They are looking for anyone to sue to get out of their mortgages, from the real estate agents to the mortgage lenders to the sellers of the real estate who they now feel misled them into buying the depressed property.  Unfortunately, these investors and homeowners have little extra cash to pay for an attorney to assist them in these real estate situations, even if they had a leg to stand on.</p>
<p>Perhaps the one area in which there may be more demand than ever in such a depression, may be in the field of bankruptcy.  With the new bankruptcy laws making it harder than ever to file bankruptcy much less understand how to go about it, people will still likely find a way to scrape together the cost of hiring a bankruptcy attorney to get them out of the financial mess that people are finding themselves in.</p>
<p>No one can tell at this time if the likely recession turns into something far worse, a full-blown depression, but with real estate moguls now starting to use the word themselves, and with words such as Afinancial freefall,@ Aglobal train wreck,@ and Aglobal credit crisis@ just a few of the words to be found only this evening on one of the most respected internet financial web sites, it is a real possibility.</p>
<p>Lawyers may soon find themselves in the same predicament as real estate agents, just waiting and waiting for the phone to ring, and finding that it doesn&#8217;t ring at all anymore.  Just as companies begin to cut back on expenses, lawyers may also begin to face some hard decisions when it comes time to renew advertising contracts for yellow page advertising or even worse decisions, such as whether or not to file bankruptcy themselves.</p>
<p>Sebastian Gibson is the senior lawyer with the Law Offices of R. Sebastian Gibson.  He is also a Realtor and the owner of Sebastian Advertising, an advertising agency.  More information can be found at his web sites, www.SebastianGibsonLaw.com , www.CaliforniaAttorneysLawyers.com , www.SebastianGibsonProperties.com , and www.SebastianAdvertising.com .</p>
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		<title>California Construction Defect Cases</title>
		<link>http://www.news-articles-blog.com/2007/12/12/california-construction-defect-cases/</link>
		<comments>http://www.news-articles-blog.com/2007/12/12/california-construction-defect-cases/#comments</comments>
		<pubDate>Wed, 12 Dec 2007 13:41:11 +0000</pubDate>
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		<description><![CDATA[Construction defect lawsuits in California are usually brought as a result of the negligence or incompetence of a builder or other workmen employed in the construction industry. A home with a construction defect can suffer from problems in the foundation, water intrusion and/or resultant toxic mold, paint, stucco or any number of other construction problems. [...]]]></description>
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<p><a href="http://www.sebastiangibsonlaw.com/real-estate-law/california-real-estate-law/california-real-estate-law.html">Construction defect lawsuits</a> in California are usually brought as a result of the negligence or incompetence of a builder or other workmen employed in the construction industry.<br />
A home with a construction defect can suffer from problems in the foundation, water intrusion and/or resultant toxic mold, paint, stucco or any number of other construction problems.<span id="more-60"></span><br />
A person’s home is normally one’s largest investment.  If the home you have mortgaged is suffering from construction problems that you know about and must disclose when you sell the house, the loss suffered can be enormous.<br />
From the standpoint of the licensed and conscientious builder or individual craftsman, there is nothing worse than being dragged into a construction defect case as a defendant due to the negligence or profit-driven actions of another defendant.<br />
Sadly, however, as the real estate market suffers, developers trying to save a dollar, may find it more and more enticing to take shortcuts, hire unlicensed subcontractors, use cheaper and less experienced workmen and focus on the exterior appearance while skimping on the structural aspects of a development.<br />
When such lapses in judgment result in injuries as well as damage to the home, the plaintiff may have not only a construction defect case for the damage caused to the home, but also a personal injury case for their bodily injuries such as when a house fire cause by improper wiring results in injury or death.<br />
If other home buyers in your same development have similar structural problems, you and your neighbors may have a class action case or at least a case in which you can join as co-plaintiffs and share the costs of litigation.<br />
If the construction defects are in the form of environmental pollution in your home such as that caused by toxic chemicals or materials in the construction of your home or due to toxic mold caused by water intrusion, air pollution, or soil pollution, you and possibly your neighbors as well may have a toxic tort case.<br />
If you think your home was improperly built, has a construction defect or believe that you may be suffering injuries from the environment in or around your home, call the Law Offices of your <a href="http://www.sebastiangibsonlaw.com/real-estate-law/california-real-estate-law/california-real-estate-law.html">construction defects attorney</a>.</p>
<p>Sebastian Gibson is a practicing personal injury attorney represents clients throughout Southern California Lawyer from his main offices in Rancho Mirage, California representing <a href="http://www.sebastiangibsonlaw.com/vehicle-accidents/motorcycle/vehicle-accidents/motorcycle/vehicle-accidents.html">Motorcycle/Vehicle Accidents</a>, <a href="http://www.sebastiangibsonlaw.com/personal-injury/wrongful-death/california-wrongful-death-lawyers.html">California Wrongful Death Lawyers</a></p>
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		<title>Advertising Law Cases in California</title>
		<link>http://www.news-articles-blog.com/2007/12/12/advertising-law-cases-in-california/</link>
		<comments>http://www.news-articles-blog.com/2007/12/12/advertising-law-cases-in-california/#comments</comments>
		<pubDate>Wed, 12 Dec 2007 13:39:02 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<description><![CDATA[Advertising law cases in California can be filed under a multitude of different causes of action. This article seeks to discuss just some of the ways in which advertising cases can be filed, and the type of cases which, to a large extent, have not yet been pursued as fully as one would expect. Perhaps [...]]]></description>
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<p><a href="http://www.sebastiangibsonlaw.com/business-litigation/business-law/business-lawyers-serving-san-diego.html">Advertising law cases</a> in California can be filed under a multitude of different causes of action.  This article seeks to discuss just some of the ways in which advertising cases can be filed, and the type of cases which, to a large extent, have not yet been pursued as fully as one would expect.<span id="more-59"></span><br />
Perhaps the first cause of action that comes to mind to use to obtain a remedy for an individual harmed by advertising would be a cause of action for fraud.  To take a fictional example, say an advertiser, and by virtue of their advertisement on a television program on a certain station, advertises that they have the cure for cancer, male baldness, bad breath and being able to keep the weight off, all in one simple drug or in their book.  The advertiser uses a spokesman, the advertiser uses a specific television station, and in a relatively new twist in this age of the internet, the advertiser also promotes his or her website which after purchasing the drug or the book, the purchaser learns he must also subscribe to the advertiser’s website either to learn additional details or be kept up to date with side effects of the drug.<br />
Even if the book or drug sold is sold at a price of $34.95, and even if the internet subscription is even $10/month, this is not going to amount to sufficient damages for an attorney to take the case on contingency.  And if the individual who bought the book or drug doesn’t have tens of thousands of dollars to pursue such a case on his or her own, the case may never be brought and the advertiser may simply go on advertising his or her amazing product.<br />
An action by the FCC against such an advertiser will be unlikely to help the consumer.  If the advertiser makes a deal with the FCC, while such a settlement may be in the millions of dollars, the money will simply go to the government and the advertiser will likely simply promise never to make such advertisements again.  In reality, the advertiser may also find some new product to advertise or seek to advertise it in a different way and one not covered by the settlement with the FCC, such as by using 800 or 900 numbers.<br />
Businesses or individuals harmed by network television affiliates overcharging for their air time may also feel powerless to bring an action for being excluded from the marketplace or being overcharged as a result of price-fixing or monopolization.<br />
What these examples have in common is that by virtue of class actions and/or antitrust class actions, the claims of these individuals can be made on behalf of a class of similar damaged individuals or entities.  With hundreds or thousands and in some cases, millions of similarly injured plaintiffs, the case, while increasing in complexity and cost, can also become sufficiently attractive that one law firm, or multiple law firms working in conjunction, are able to pursue such a case and bring the advertiser to the bargaining table.<br />
In the event the damages caused by the advertising are large enough or specific enough against a single plaintiff such that a class action is not needed or would not be appropriate, additional defendants may be considered.  In the case of the advertiser of the book or drug, if the advice contained in the book or the drug not only was misleading but caused serious bodily harm or death, the plaintiff may want to consider a negligence action and consider whether the television network or the spokesman also had some culpability for putting their name behind the product.  Where the television station or spokesman is sharing in the profits from the book or drug in exchange for advertising dollars, this may especially warrant consideration.<br />
If you have a situation in which the advertising practices of an individual, entity or a television station are causing you or your business harm, or are favoring your competitors to your disadvantage, and you believe others have been similarly harmed or damaged, call your <a href="http://www.sebastiangibsonlaw.com/business-litigation/business-law/business-lawyers-serving-san-diego.html">advertising law attorney</a>.</p>
<p>Sebastian Gibson is a practicing personal injury attorney represents clients throughout Southern California Lawyer from his main offices in Rancho Mirage, representing <a href="http://www.sebastiangibsonlaw.com/vehicle-accidents/semi-truck-and-highway-accidents/semi-truck--highway-accidents.html">semi Truck &amp; Highway Accidents</a>, <a href="http://www.sebastiangibsonlaw.com/business-litigation/litigation/international-law/litigation/international-law.html">Litigation / International Law</a></p>
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		<title>Antitrust Law Cases in California</title>
		<link>http://www.news-articles-blog.com/2007/12/12/antitrust-law-cases-in-california/</link>
		<comments>http://www.news-articles-blog.com/2007/12/12/antitrust-law-cases-in-california/#comments</comments>
		<pubDate>Wed, 12 Dec 2007 13:37:02 +0000</pubDate>
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		<description><![CDATA[Antitrust law in the United States and in California includes laws which prohibit altogether and regulate actions which can constitute, among other things, price fixing, monopolization, exclusionary practices, tying agreements, vertical restraints, group boycotts, and agreements among competitors to divide up markets geographically. The purpose of this article is not to discuss either the laws [...]]]></description>
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<p><a href="http://www.sebastiangibsonlaw.com/business-litigation/business-law/business-lawyers-serving-san-diego.html">Antitrust law</a> in the United States and in California includes laws which prohibit altogether and regulate actions which can constitute, among other things, price fixing, monopolization, exclusionary practices, tying agreements, vertical restraints, group boycotts, and agreements among competitors to divide up markets geographically.<br />
The purpose of this article is not to discuss either the laws in general or the governmental enforcement agencies which enforce the laws, but rather certain types of cases which offer opportunities to clients in California to use these laws to protect themselves against such practices by their competitors.<span id="more-58"></span><br />
Private civil antitrust cases can be brought in both California state courts and in federal courts in California.   Through such individual class actions, members of the general public can challenge some of the largest corporate entities whose actions might otherwise not be challenged by governmental agencies.<br />
By taking such matters on contingency or on an hourly rate with a retainer, a client has the ability to obtain remedies and restitution for wrongs done to that individual or his or her business.  When combined with class actions, the wrongs to the general public can also be addressed and larger remedies and damages can be sought.<br />
As an example of the type of case which so far has not been addressed by governmental agencies, are the practices of owners of broadcast television networks in certain markets which, by their being allowed by the FCC to have more than one broadcast television network affiliate in a local market, are today accumulating pricing power and such a large share of both the broadcast air time and ratings as to border on what might well be considered by a jury to constitute both monopolization and price-fixing.<br />
When compared with other local markets in which single owners do not own more than one of the broadcast television affiliates in a local market, some of these markets in which there is this multiple ownership show definite signs of pricing in excess of what is seen in other local markets of a similar size.<br />
In such a scenario, advertisers purchasing television spots in such a local market may pay up to two or three times what such an advertiser might have to pay for the same spot on the same prime time show on the same television network in another market where one owner does not own multiple affiliates.<br />
The reticence of advertisers to bring such antitrust actions may be in part caused by advertisers who fear that they will never be allowed to advertise on those stations again if they challenge the pricing actions of the network affiliates in court.  Other advertisers who have paid too much for such advertising or been kept out of the advertising market on television by such prices, may have paid another more serious price &#8211; they may have been put out of business and may not realize that they have a case as well.<br />
In securities-related <a href="http://www.sebastiangibsonlaw.com/business-litigation/business-law/business-lawyers-serving-san-diego.html">antitrust law suit</a>, or in other deceptive conduct antitrust cases on the other hand, most plaintiffs have no ongoing relationship with the defendant and there is not this reticence to bring such an action.<br />
If you have a situation in which the anti-competitive practices of an entity are causing you or your business harm, or are favoring your competitors to your disadvantage, call the Law Offices of a anti trust lawyer today.</p>
<p>Sebastian Gibson is a practicing personal injury attorney represents clients throughout Southern California Lawyer from his main offices in Rancho Mirage, California representing <a href="http://www.sebastiangibsonlaw.com/vehicle-accidents/auto-accidents/california-auto-accident-lawyers.html">California Auto Accident Lawyers</a>, <a href="http://www.sebastiangibsonlaw.com/vehicle-accidents/motorcycle/vehicle-accidents/motorcycle/vehicle-accidents.html">Motorcycle/Vehicle Accidents</a></p>
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		<title>Your Failure To Maintain Liability Insurance Could Impact Your Right To Recovery In A Personal Injury Action</title>
		<link>http://www.news-articles-blog.com/2007/10/04/your-failure-to-maintain-liability-insurance-could-impact-your-right-to-recovery-in-a-personal-injury-action/</link>
		<comments>http://www.news-articles-blog.com/2007/10/04/your-failure-to-maintain-liability-insurance-could-impact-your-right-to-recovery-in-a-personal-injury-action/#comments</comments>
		<pubDate>Thu, 04 Oct 2007 19:12:29 +0000</pubDate>
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		<description><![CDATA[You are required as a matter of law in the State of California to maintain liability insurance with limits of no less than $15,000/$30,000 if you are operating your motor vehicle on public roadways. Your failure to maintain liability insurance could not only impact your ability to register your vehicle with the Department of Motor [...]]]></description>
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<p>You are required as a matter of law in the State of California to maintain liability insurance with limits of no less than $15,000/$30,000 if you are operating your motor vehicle on public roadways. Your failure to maintain liability insurance could not only impact your ability to register your vehicle with the Department of Motor Vehicles, it could subject you to significant monetary fines in the event your are cited for driving without insurance. An additional, little known consequence of driving without liability insurance is that you forgo your right to pursue damages for pain and suffering in the event you are involved in an accident caused by another.<span id="more-38"></span></p>
<p>A short time ago, California voters passed Proposition 213. This Proposition had the effect of barring one involved in a <a href="http://www.injuryresourcecenter.com/southern-california-personal-injury-lawyer-motorcycle-accidents.php">motor vehicle accident</a> from asserting a claim for general damages (pain, suffering, emotional distress and loss of quality of life), if that individual was driving without insurance at the time of the accident. Proposition 213 has no effect upon one&#8217;s right to assert a claim for special damages (medical expenses, loss of earnings, and property damage).</p>
<p>The consequences of Proposition 213 are significant for anyone involved in a serious accident. If you are driving uninsured and involved in an accident caused by another your right to recovery in a <a href="http://www.injuryresourcecenter.com/southern-california-personal-injury-lawyer-personal-injury.php">personal injury action</a> will be limited. Perhaps this point is best illustrated by way of example. First, lets consider Deborah, a 23-year old woman who inadvertently allowed her insurance to lapse and who was involved in a head-on collision after the operator of an approaching vehicle lost control and crossed the center median directly into her lane of traffic. Deborah suffered significant injuries including facial lacerations resulting in permanent scarring, a crush injury to her right ankle that required open reduction internal fixation with instrumentation that left her with a permanent limp, and a non-displaced fracture of her right wrist which left her with continuing pain. Proposition 213 allowed Deborah to recover the cost of her medical expenses including the surgeries she required due to the severity of her injuries. Deborah was also permitted to recover the $19,000 in loss of earnings she experienced by virtue of being out of work for 7-months due to her injuries and need for rehabilitation. Deborah was also permitted to recover the cost of repairing her vehicle which sustained significant damage in the accident. Deborah however, was barred from recovering anything for her pain and suffering. She was also barred from recovering anything for the shame she has had to endure due to the facial scarring she was left with. Further, she was barred from recovering anything for the fact that her ankle injury left her unable to partake in many of the activities she enjoyed before (e.g. snow boarding, dancing, surfing, etc.). These claims, in Deborah&#8217;s case, had significant value however, the fact that she was uninsured at the time of the accident precluded her recovery.</p>
<p>Next, lets consider Amy, a 31-year old woman who too was involved in a serious motor vehicle accident and who, like Deborah, was uninsured at the time. In Amy&#8217;s case, she was stopped at an intersection when rear-ended by another vehicle operated by a distracted driver who failed to recognize that traffic in his lane had stopped. The impact to the rear of Amy&#8217;s vehicle was significant. By all accounts, the distracted driver was traveling somewhere between 45-50 mph at the time of impact. When struck, Amy&#8217;s body was violently forced up against her seat back. The force of impact however, was so significant that in the process, Amy&#8217;s vehicle was pushed forward into the rear of the vehicle before her. This second impact forced Amy&#8217;s body forward directly into her steering wheel. Amy&#8217;s vehicle was older and did not come equipped with airbags. The injuries sustained by Amy were, but for a whiplash injury, all internal but not initially believed to be significant. They were however, in the opinion of her physicians, sufficiently significant such that they would likely preclude her from having any children in the future. Amy&#8217;s medical expenses were covered however, Proposition 213 barred her from recovering anything for her claimed inability to conceive.</p>
<p>If nothing else, these two examples make clear that the consequences of driving without insurance can be significant if involved in an accident. If driving without insurance and you are the cause of an accident, you could be personally liable for all of the damages (general and special) suffered by anyone injured as a result of your negligence. It is therefore imperative that you maintain an active policy of liability insurance anytime you are driving on public roadways.</p>
<p><strong>Author Bio:</strong><br />
Mark W.Eisenberg of EISENBERG LAW GROUP represents the interests of injured parties and their families in trials of Hospital Negligence, Medical Malpractice, <a href="http://www.injuryresourcecenter.com/southern-california-personal-injury-lawyer-personal-injury.php">Personal Injury</a>, Trip/Slip &amp; Fall, <a href="http://www.injuryresourcecenter.com/southern-california-personal-injury-lawyer-pharmacy-malpractice.php">Pharmacy Malpractice</a>, Wrongful Death.</p>
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		<title>Understanding The Difference Between Mediation, Arbitration and Trial</title>
		<link>http://www.news-articles-blog.com/2007/10/04/understanding-the-difference-between-mediation-arbitration-and-trial/</link>
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		<pubDate>Thu, 04 Oct 2007 19:04:17 +0000</pubDate>
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		<description><![CDATA[Many who confront the legal system for the first time, voluntarily or involuntarily, are faced with having to decide the forum in which their dispute will be resolved. In some instances, the forum in which a dispute will be resolved has been pre-selected by the parties however, more often than not, litigants will make their [...]]]></description>
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<p>Many who confront the legal system for the first time, voluntarily or<br />
involuntarily, are faced with having to decide the forum in which their<br />
dispute will be resolved. In some instances, the forum in which a<br />
dispute will be resolved has been pre-selected by the parties however,<br />
more often than not, litigants will make their forum selection only<br />
after a dispute has actually arisen. It is therefore important to have<br />
an understanding of the difference between mediation, arbitration and<br />
trial and the benefits and drawbacks of each. Often times, the forum<br />
selected will dictate how quickly and effectively the dispute is<br />
resolved.<span id="more-37"></span></p>
<p><a href="http://www.injuryresourcecenter.com/southern-california-personal-injury-lawyer-workplace-injuries.php"><strong>Mediation</strong></a> is a voluntary process wherein two or more parties to a dispute<br />
try to resolve their differences with the assistance of a neutral, disinterested<br />
third party such as an attorney or retired judge. In most instances, the cost<br />
of the mediator is shared equally however, this is not always the case, especially where one party has an interest in seeing the matter resolve and offers to pay for the mediation in order to entice the other party to attend and partake. These days, there are numerous private mediation centers including, but not limited to, at least in the Southern California area, AAA, JAMS, Judicate West, and IVAMS. The cost of retaining a mediator to assist in resolving your dispute will vary depending on such factors as the experience level of the mediator, how busy he or she may be, the nature of your dispute, the complexity of the issues presented, and the number of involved parties. Most private mediation centers bill for their mediator&#8217;s time on an hourly basis however, others bill a flat fee for a half or full day.</p>
<p>Mediation is not, like arbitration or trial, adversarial in nature. As<br />
such, parties to a dispute can mediate their differences without<br />
counsel. Anything said during mediation is inadmissible in court. Thus,<br />
it is not uncommon to see parties who partake in a mediation sitting<br />
together in a conference room and, with the assistance of the mediator,<br />
working toward identifying the contested issues and then brain storming<br />
to resolve them. Mediation is a give and take process where there is no<br />
declared winner and no declared loser. For mediation to be successful,<br />
each side must give up something. Mediation is non-binding unless the<br />
parties agree to be bound by whatever result is achieved. Mediation is<br />
favored and recommended in cases involving neighborly disputes, family<br />
disputes, or where parties to a lawsuit involving a claim for monetary<br />
damages believe that with the intervention of a neutral third party, a<br />
settlement can be achieved. Mediation is often the easiest and most<br />
cost effective way to resolve disputes. The major drawback to mediation<br />
is that if no resolution is achieved, the other side will, by virtue of<br />
your disclosures in mediation, have a better feel for what theories or<br />
claims (and strengths and weaknesses thereof) you might proffer in<br />
litigation.</p>
<p><a href="http://www.injuryresourcecenter.com/southern-california-personal-injury-lawyer-slip-fall.php">Arbitration</a> differs little from a bench trial (a trial in which the judge serves<br />
as trier of fact as opposed to a jury fulfilling that role). Arbitration<br />
may be binding or non-binding. Binding arbitration is usually by<br />
agreement of the parties with each expressing, in a writing, a<br />
willingness and commitment to be bound by whatever decision the<br />
arbitrator may reach. Non-binding arbitration affords the losing party<br />
the opportunity to seek a trial de novo (a trial on the merits without<br />
regard to the arbitrator&#8217;s findings) however, there are often penalties<br />
imposed on the party requesting the trial de novo if he or she does not<br />
achieve a better result in trial than achieved in arbitration. Private<br />
organizations like AAA, JAMS, Judicate West, and IVAMS similarly offer<br />
arbitration services. The cost is similarly based on an hourly rate or<br />
half or full-day basis.</p>
<p>In advance of arbitration, with all sides usually represented by<br />
counsel because arbitration is an adversarial proceeding, the<br />
arbitrator will be provided briefs detailing the positions, arguments<br />
and demands of each side. The rules of evidence in arbitration<br />
proceedings are quite liberal. As such, documents and other writings<br />
that might be excluded from evidence in a trial will be received and<br />
considered in arbitration. Arbitration will proceed in whatever fashion<br />
the parties desire. This may mean evidence is introduced through the<br />
admission of exhibits and by way of live or recorded testimony or<br />
simply by way of offer of proof (usually an attorney explaining what<br />
the evidence is). The proceeding is much more formal that a mediation<br />
and, as above, is adversarial in nature. Once all the evidence is<br />
received, the arbitrator will usually take the matter under submission<br />
and render an opinion and/or issue an award shortly thereafter. This<br />
opinion or award is final and may only, under very limited<br />
circumstances, be challenged or appealed.</p>
<p>Arbitration proceedings are usually considerably shorter than a trial<br />
and will often be less expensive though that is not always the case.<br />
The major drawback to arbitration is that you have trusted the outcome<br />
of your case to a single trier of fact giving up your right to a jury.<br />
This may be fine in some cases however, where passion and prejudice may<br />
play a role in how the case is decided, it may be advantageous to you,<br />
depending on which side of the case you are on, to try the case to a<br />
jury of twelve.</p>
<p>Trial is what we most frequently see on TV. It is the subject of<br />
virtually every hit crime drama of our time from &#8220;LA Law&#8221; to &#8220;Boston<br />
Legal&#8221; to &#8220;Law &amp; Order&#8221;. In the absence of a plea agreement, trial<br />
is where virtually all criminal cases are adjudicated. In the civil<br />
arena, trials are less frequent. In fact, most, upward of 90%-95% of<br />
all litigated civil disputes settle in advance of trial. Trial is risky<br />
as there is no way to tell what a jury (should you chose to proceed by<br />
way of jury trial) will do with a case. Simple things such as demeanor,<br />
appearance, accent, etc. can have a dramatic effect on how a jury views<br />
a case. If there is anything certain about a jury trial, it is the<br />
uncertainty of the outcome. For that reason, at EISENBERG LAW GROUP we<br />
work hard to resolve disputes before trial. This is not to suggest that<br />
we at EISENBERG LAW GROUP avoid or shy away from trial. Quite the<br />
opposite! Messrs. Day and Eisenberg have over 30-years combined trial<br />
experience and a fabulously successful track record for favorable<br />
outcomes. Trials however, are expensive and carry with them not only<br />
the uncertainly referenced, but the risk of appeal which, at present,<br />
can tie a matter up for 2 ½ years. In addition, trials can be long and<br />
drawn out. Many judges only hold trial 3-days a week which means a<br />
5-day trial with jury selection and deliberation can last 2-weeks or<br />
more. For these reasons, we at EISENBERG LAW GROUP consider use of all<br />
available forums for resolving your dispute placing your interests<br />
above all else.</p>
<p><strong>Author Bio:</strong><br />
<mark><a href="http://www.injuryresourcecenter.com/southern-california-personal-injury-lawyer-hospital-negligence.php">Hospital Negligence</a>, Nursing Home Negligence, Personal Injury, <a href="http://www.injuryresourcecenter.com/southern-california-personal-injury-lawyer-spinal-cord-injury.php">Spinal Cord Injuries</a>, Trip/Slip &amp; Fall, Workplace Injuries.</mark></p>
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		<title>MICRA&#8217;s Impact On Your Medical Malpractice Claim</title>
		<link>http://www.news-articles-blog.com/2007/10/04/micras-impact-on-your-medical-malpractice-claim/</link>
		<comments>http://www.news-articles-blog.com/2007/10/04/micras-impact-on-your-medical-malpractice-claim/#comments</comments>
		<pubDate>Thu, 04 Oct 2007 18:06:05 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<description><![CDATA[Unlike other types of injury cases, one claiming to have been seriously injured as a result of a healthcare provider&#8217;s negligence will rarely receive full compensation for their injury. This is because California, long before President Bush&#8217;s call for nationwide tort reform in the area of medical malpractice, enacted legislation limiting your recovery against medical [...]]]></description>
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<p>Unlike other types of injury cases, one claiming to have been seriously<br />
injured as a result of a <a href="http://www.injuryresourcecenter.com/southern-california-personal-injury-lawyer-hospital-negligence.php">healthcare provider&#8217;s negligence</a> will rarely<br />
receive full compensation for their injury. This is because California,<br />
long before President Bush&#8217;s call for nationwide tort reform in the<br />
area of medical malpractice, enacted legislation limiting your recovery<br />
against medical providers.<span id="more-35"></span></p>
<p>California&#8217;s Medical Injury Compensation Reform Act or &#8220;MICRA&#8221; was<br />
enacted in 1975 by the California Legislature in an effort to control<br />
skyrocketing medical malpractice insurance premiums. MICRA&#8217;s<br />
provisions, found at various sections of the Civil Code, Code of Civil<br />
Procedure and Business Professions Code, was the Legislature&#8217;s<br />
most ambitious tort reform measure of its time. While purportedly<br />
designed to make healthcare more readily available and affordable, the<br />
effect of this legislation over time has not only been to deprive<br />
Californians quality medical care, but to deny them fair recovery in<br />
the event of malpractice.</p>
<p>Perhaps the most significant provision of MICRA is Code of Civil Procedure<br />
section 3333.2 which limits awards of pain and suffering in medical<br />
malpractice actions to $250,000. Over the last decade there has been<br />
considerable debate about this limitation in that it was established more<br />
than 30-years ago and has never once been increased. When adjusted<br />
for inflation, this $250,000 would equal roughly $864,000 today, however,<br />
MICRA, when enacted, did not contain any provisions that allowed for<br />
increases of the $250,000 cap to account for inflation. It would take<br />
therefore take legislative action and approval by our governor before<br />
this limitation were raised.</p>
<p>Many clients at EISENBERG LAW GROUP have been victims of<br />
<a href="http://www.injuryresourcecenter.com/southern-california-personal-injury-lawyer-medical-malpractice.php">medical malpractice</a>and, as a result, have been rendered quadriplegics,<br />
paraplegics, or otherwise left wheelchair bound and/or brain injured.<br />
Notwithstanding the nature and extent of their injuries and the<br />
dramatic effect their injuries have had upon their lives and the lives<br />
of their loved ones (often responsible for their day-to-day care),<br />
their recovery for pain and suffering has been limited by law to<br />
$250,000. There is no limitation in California on the recovery of<br />
special damages (e.g. medical expenses, loss of earnings, etc.) in a<br />
medical malpractice action however, MICRA does permit a medical<br />
provider, in the event of an adverse judgment, to make periodic<br />
payments on any monetary award over $50,000. [Code of Civil Procedure<br />
section 667.7.] Naturally, this can result in a delay in compensation<br />
to the patient victim.</p>
<p>At EISENBERG LAW GROUP we not only work to achieve the best results and<br />
largest recovery for our malpractice clients, we also employ experts in<br />
rehabilitation, life care planning, economics and structured<br />
settlements to insure that their settlements and awards, even in the<br />
face of legislatively mandated recovery limitations, are sufficient to<br />
provide for their medical needs into the future.</p>
<p>Mark W. Eisenberg of EISENBERG LAW GROUP represents the interests of injured parties and their families in trials of Automobile Motorcycle Trucking Accidents, Medical Malpractice, <a href="http://www.injuryresourcecenter.com/southern-california-personal-injury-lawyer-nursing-home-neglect.php">Nursing Home Negligence</a>, Personal Injury, <a href="http://www.injuryresourcecenter.com/southern-california-personal-injury-lawyer-pharmacy-malpractice.php">Pharmacy Malpractice</a>, Premises Liability.</p>
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