Louisville is the best city in the country

Posted by on Oct 26, 2017 in Car Accidents/ Car Insurance | 0 comments

Louisville, as a city, doesn’t get enough respect. Despite being in the top thirty most populous cities, it hardly ever gets a headline for anything but a sporting event.

Perhaps that’s the way all flyover cities feel. There’s sleepy Indianapolis to the north (nicknamed “nap town” for a reason) that most people couldn’t find on a map. What chance does Louisville have?

But Louisville is an incredible city to live in. It never gets ranked like that when the coast journals or the coastal websites do those big rankings, but it really is an excellent city.

Start with the geography. It’s on the river. Just south, the terrain gets hilly, and it’s full of beautiful forests that would rival anywhere on the East Coast when their leaves turn in the fall.

The city has a great skyline. It has districts with an industrial feel but also districts that are straight out of the Victorian Era. It’s big enough to be metropolitan in the downtown but small enough to feel small town anywhere else. It’s the best of both worlds on that front.

It has a good climate that gets nice and warm in the summer but still gets cool in the winter. Not that much snow, but it does happen.

The city has history. It’s been around almost as long as the country itself. It was an important city for the Union in the Civil War.

And then, of course, there are the sports. There’s no need to go on about those. Simply mentioning a few words will do: the Louisville Slugger, the Louisville Cardinals, and the Kentucky Derby. That ought to be enough.

Perhaps most people who know anything at all about Louisville would know all those things, but that is only the surface of what Louisville has to offer.

For instance, did you know there’s a thriving Louisville indie music scene? And a thriving art scene to boot? Louisville is as artistic a city like New York, if you consider the population difference, yet it’s rare anyone outside the area celebrates all that Louisville is doing to enrich the local culture.

Louisville also has a pretty decent motorcycle culture (and of course, unfortunately, its share of motorcycle accidents). There’s an appreciation for nature and a lot of nature-loving societies around.

This is just a short list, but it does show that Louisville is more than a boring little town. It deserves the kind of respect the East and West Coast cities get. There is plenty of material here that could make a great movie set or be the stage of a great book or play. If those on the coasts would just pay a little more attention, they’d find out there’s a gem of a city that rivals their own metropolises right there in one of the states they’re so busy flying over all the time.

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Bad Faith Insurance

Posted by on Jul 27, 2017 in Bad Faith Insurance | 0 comments

If they regularly paying the monthly dues, the insurance company has a legal obligation to follow through with the contract to the client. They are in a legally binding agreement for which the client pays a certain amount a month in exchange for a certain level of coverage in the case of an accident or other type of emergency. Unfortunately, some of those insurance companies make those promises in bad faith, or make the promise without the intention of holding up their end of the deal. These situations can involve, but are not limited to:

  • Underpayments after an accident or emergency
  • Delays in payments
  • Denying claims without grounds
  • Disputing coverage
  • Insurance code violations
  • Deceptive trade practice violations
  • Refusing to investigate denied claims
  • Failing to provide explanations for denied claims

Having their claim denied in a time of urgency is the furthest thing from what a victim and their loved ones need. It adds insult to an already traumatic injury. Should this happen, the Texas insurance claim attorneys of Williams Kherkher recommend quickly calling an experienced lawyer to look at the situation and offer legal advice. The insurance company, if found guilty of keeping bad faith, may owe the victim what they promised plus more for the pain and suffering they and their loved ones endured from the struggle to get back onto their feet.

Issues such as this are time sensitive, so filing all documentation as soon as possible is of the utmost important. If the claim passes the statute of limitations, then the victim may forfeit all compensation the insurance company owes them and they may never see justice for their suffering.

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Unpaid Overtime: Common Causal Factors

Posted by on Jun 10, 2017 in Employment Law | 0 comments

Under federal law, most employees who work more than 40 hours a week are eligible for overtime pay, but not all employers are particularly diligent when it comes to overtime payments. They do this to maximize work and minimize costs. Not only is this illegal, because it is also immoral.

According to the website of the Leichter Law Firm, employees eligible for overtime pay but have not received it from their employers may take legal action, such as trying to get the employers accountable. Below are some of the most common factors that influence unpaid overtime claims.


Before anything else, it is important to make sure that you are actually eligible to overtime pay. Most employees are eligible, but a significant portion of the workforce is not – typically executives and managers.

Extended Work Hours

If you are staying and working in the workplace longer than what you are officially required, you are basically working overtime, so you are eligible for overtime pay. Extended work hours can manifest in two ways – you go to the workplace too early or stay in the workplace too late. Usually, you do this to accomplish tasks that don’t make the majority of your responsibilities, but still are your responsibilities, such as attending meetings, traveling to a work-related place or to accomplish a work-related task, and handling emergency situations.

Work on Unpaid Breaks

The best example of this is working during lunch periods. Usually, lunch periods are automatically deducted in your time at work, but if you still work during this period, you are basically working without pay and may be eligible for overtime pay.

Another example is take-home work, like preparing presentations for meetings, writing reports, and filling up necessary documents.

On-call Work

If you are suddenly asked to go to work during a period outside of your working hours, maybe because of an emergency or sudden emergence of a task that needs to be accomplished immediately, you may be eligible for overtime pay. There may be a legitimate reason for asking you to go to work right away, but it still doesn’t change the reality that you are working beyond your official work hours.

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Statute of Limitation and Issue of Jurisdiction Affecting Lawsuits Involving Cruise Ships

Posted by on Mar 2, 2017 in Cruise Ships | 0 comments

Cruise ship accidents and tragedies are major concerns for the Cruise Lines International Association, which represents 26 cruise lines. With more than 20 million passengers worldwide every year (more than 11 million passengers are from the United States), ensuring passenger safety ought to be every cruise line’s highest priority.

Passenger safety is the reason behind the passing in 2009 of the “Safe Return to Port” regulation. This directive was passed during the 2009 International Convention for the Safety of Life at Sea (SOLAS). “SOLAS is an international maritime treaty which requires Signatory flag states to ensure that ships flagged by them comply with minimum safety standards in construction, equipment and operation.”

This program on safety is to make sure that crew members are capable of handling emergency situations competently and on time, and that every cruise ship is equipped with all types of emergency and life-saving equipment, such as life boats, rescue boats and life jackets, fire safety provisions, radio equipment and Search and Rescue Transponders (SARTs).

Today, cruise ship accidents, however, happen not only while the ship is out at sea. Shore excursion, which is now conducted in almost all ports of call, is a new possible cause of accident than can injure a passenger. A shore excursion is either conducted by the cruise line itself or by an independent tour company. It is meant to add excitement to a passenger’s cruise experience and, though time-constrained, it allows participating passengers to get the most out of the activities, which can include hiking, ziplining, horseback riding, rock-climbing, jet skiing, parasailing, scuba diving, snorkeling, shopping at local outdoor markets, dining, and cultural, archeological or tropical island tours.

For some passengers, shore activities have been a source of injury, though, rather than fun. Worse, some do not even make it to tour destinations as accidents already injure them while boarding a tender boat (the boat that will transport them to the shore and back to the ship) or while waiting for their bus at the port. Sometimes, while on land, passengers become targets of assault, sexual harassment or theft mainly due to the very poor security by the cruise line or private tour provider personnel.

According to the law firm Louis A. Vucci, PA, causes of cruise ship excursion injuries include dock accidents, tender boat accidents, inadequate security, defective/malfunctioning equipment, and motor vehicle accidents. Cruise ship excursion injuries are serious issues that often result to physical, emotional and financial sufferings for those injured. Though victims have the legal right to “seek compensation to help them cope with the effects of their injury, filing a civil lawsuit can be complicated without help from a seasoned cruise ship accident lawyer due to the:

  • Statute of limitation (the time limit for filing a civil lawsuit) and
  • Issue of jurisdiction. Lawsuits involving cruise ships are usually heard only at the U.S. District Court of Florida); this is the forum selection clause which is indicated in cruise ships’ ticket contracts. Jurisdiction can altogether change if the accident occurred on land, during a shore excursion.
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The Dangers of Scaffolds

Posted by on Oct 18, 2016 in Workplace Accidents/ Disability Benefits | 0 comments

The scaffolding that was almost as long a city block in downtown Houston collapsed in October of 2015. Long pieces of metal and wood laid scattered in front of the apartment complex that was under construction; it was an accident that injured six of the 200 construction workers working at the site.

The continuous increase in the number of high-rise construction jobs plus restoration of the aesthetic appearance of many old buildings in the U.S. have resulted to an increase in the number of workers needed to work on scaffolds to be able to reach the exteriors of tall buildings. In fact, more than a million construction workers are said to be working on scaffolds every day, which means more than a million lives always in danger.

A scaffold is a provisional structure that supports workers and the materials they will use in the construction, repair and maintenance of man-made structures like buildings and bridges; it is either suspended from above or supported from below.

Due to the many incidences of collapsing scaffolds in the past, the Occupational Safety and Health Administration (OSHA), an off-shoot of the Occupational Safety and Health Act (OSH Act) of 1970 and which is charged with the regulation and enforcement of the OSH Act mandate of creating a safe and healthy working environment for all employees, saw it fit to impose a standard on scaffoldings in the hope of reducing incidences of falls or collapse which lead to injuries or workers’ death.

The law firm Habush Habush & Rottier S.C. ® agrees that the construction industry is one of the most dangerous career fields in the U.S.; it is also very aware that accidents which injure construction workers can most likely result to a number of daunting consequences, such as loss of income, due to time spent in recovery and costly bills for medical treatment. This is why the firm strongly emphasizes the importance of an injured worker understanding his or her legal rights and options in seeking the compensation that he or she may have a legal right to receive.

A scaffold that is not firmly assembled, not supported well from above or poorly maintained can most likely fail when used. After an accident, one important question is whose act of negligence was it that caused the scaffold to collapse. A highly-competent personal injury lawyer or construction accident lawyer may be able to provide the victim all the legal assistance necessary, including investigating further into matters relating to the accident, and in helping the victim determine if his/her case is worth pursuing legally.

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What Coverage Can You Get From Personal Injury Protection?

Posted by on Jun 30, 2016 in Personal Injury | 0 comments

When you get involved in a car or vehicular accident, what follows is a series of expenses that you may not be able to handle from your own pocket. Aside from repairs of your car, you will also be faced with medical expenses and other bills. For this reason, having personal injury protection (PIP) can be heaven sent. PIP is also called “no-fault” insurance and is usually require in no-fault states.

According to the website Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., state laws require motorists to carry at least a minimum PIP insurance coverage. This kind of policy shoulders accident-related expenses regardless of who was at-fault. Personal injury protection may cover as much as 80% of medical and other expenses, depending on the limits of the policy.

PIP covers medical expenses that you might incur whether as a passenger or as a pedestrian. In addition, it may also pay for service replacement of an injured person, rehabilitation, and funeral costs. With personal injury protection, there is no need to determine fault. The damages are paid at the soonest time possible and you only deal with the insurance carrier.

PIP has some similarities and difference with medical payments coverage. Both covers your medical costs as well as that of your passengers regardless of who was at-fault. However, medical payments coverage does not cover other expenses such as lost wages, rehabilitation expenses, and funeral costs.

However, one disadvantage of no-fault insurance is that it literally takes away your right to sue. While you can still make someone liable, some state laws determine when you can do so. For example, you can only sue unless one of the following happens:

Serious death or injury
Damages has reached or surpassed the threshold limit

If you have health insurance, you may combine it with personal injury protection. You can set your HMO as the main form of injury coverage after an accident. When you get hurt in a crash, your health benefits will cover your medical expenses. PIP will pay for expenses that exceeds your health insurance limits.

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Types of Damages that need to be Compensated Due to Wrongful Death

Posted by on Feb 6, 2016 in Personal Injury | 0 comments

A wrongful death is a legal action filed by the family of a person who dies due to another person’s wrongdoing or act of negligence. The main purpose of this lawsuit is to seek compensation for all the present and future losses that the family of the deceased are and will be subjected to. Compensation is supposed to cover funeral expenses, lost companionship and lost wages.

States classify losses or damages under the following categories: economic, non-economic and punitive. The specific items contained in each category differ among states, though.

a. Economic damages. These refer to all the financial contributions that the deceased would have provided to his or her family had he or she not died. Economic damages include: financial worth of the goods and services the deceased would have earned for his or her family; loss of possible inheritance; loss of the victim’s wages and other earnings; loss of the deceased victim’s financial benefits, such as pension plan; loss of possible medical coverage for victim’s family members; and, cost of medical treatment and funeral service.

b. Non-economic damages. These include the family’s non-material losses, such as: loss of love and companionship of the deceased; loss of the deceased victim’s care, guidance, nurturing and protection; loss of consortium with the deceased spouse; and, suffering, pain and mental anguish to be suffered by the family.

c. Punitive damages. This type of damages may include compensatory damages; however, in some states where this is not made available in wrongful death lawsuits, the awarding of treble damages, or triple damages, is made instead. Treble damages multiply the amount of actual damages to three. Awarding this type of damage falls on the discretion of the court, though, based on legally acceptable reasons. According to Cornell University, punitive damages are considered punishment and are awarded when the defendant’s behavior is found to be especially harmful.

Punitive damages are basically served on the liable individual to make him or her realize his or her erroneous act and to prevent him or her from committing such error again.

A negligent act, which is often the cause of wrongful death, can be committed by anyone: a driver, a construction worker, an office employee, a pilot, a doctor, etc. While it is true that the family of the deceased, according to the law firm Williams Kherkher, would rather choose to bring closure to the tragic event which has claimed the life of their loved one, it cannot do so until it has found justice and compensation for the damages and pains it has been made to unjustly suffer.

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What is an Automatic Stay?

Posted by on Oct 25, 2015 in Bankruptcy | 0 comments

People experiencing financial difficulties may find stability and refuge by filing for Chapter 7 bankruptcy. According to the website of the legal team at the Bradford Law Offices, LLC, bankruptcy allows individuals to continue with their normal day-to-day functions while realigning their finances at the same time.

Many understand that the one primary goal of Chapter 7 bankruptcy is to eliminate or discharge most of your unsecured debts. However, debt elimination is not the only purpose of bankruptcy filing. Many people file for bankruptcy to stop debtors, collection agencies, and the government from their collection activities during your bankruptcy case, which means filers are able to protect their assets (ex. properties, income) from any action of a creditor. Furthermore, a Chapter 7 bankruptcy protects from lawsuit and other legal actions.

Depending on where you live, the automatic stay doctrine applies a bit differently in each state. That’s why it is so important to consult first with a Chapter 7 bankruptcy expert to know how this type of filing may benefit you. But generally, here are the things that automatic stay can do for you:

  • Protects your monthly salary from garnishments – Bankruptcy allows you to take home your wage in full, without any garnishments taken against you by your employer. However, there are a few exceptions. For instance, bankruptcy cannot protect you from garnishments related to child support and alimony.
  • Protects you from service shut-offs – When you file for bankruptcy, the automatic stay prevents utility companies from cutting or altering your service. However, utility companies may demand “adequate assurance” of future payment from the debtor within a period of twenty days after the date of your filing. Failing to do so would allow utility companies to shut off your services, so you should act within the 20-day pass.
  • Protects you from collection of overpaid public benefits – If you are receiving public benefits (ex. VA comp, pension, disability benefits) and have been overpaid, bankruptcy may protect you from any collection actions by the government.
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Everything You Need to Know About Carpal Tunnel Syndrome

Posted by on Oct 24, 2015 in Workplace Accidents/ Disability Benefits | 0 comments

Carpal tunnel is a passageway located on the palm side of the wrist. This tunnel is composed of connective tissues and bones that connect the forearm to the other portions of the upper extremities. Apart from these connective structures, carpal tunnel also houses the median nerve, which connects the upper limbs to a network of nerve attached to the spine (brachial plexus).

The median nerve is the only nerve that passes through the carpal tunnel. However, injury to the carpal tunnel may result in the median nerve being compressed or ‘pinched.’ This medical condition is called carpal tunnel syndrome, or CTS. This condition is characterized with weakness, numbness, and a tingling sensation in the affected upper limb. According to the website of WorkSTEPS, CTS primarily affects workers subjected to forceful and repetitive hand motions, such as those working in slaughter houses and factories. Those who are doing clerical and secretarial work are also at risk.

The symptoms associated with CTS may greatly affect your productivity. In fact, a Des Moines disability benefits lawyer may say that CTS has been associated with a number of short term disability applications in the country. Furthermore, because CTS can damage a person’s fine motor skills, this condition may profoundly narrow down the tasks that a person can accomplish, and thus may affect his/her capacity to make a living.

If you are prone to CTS and are experiencing numbness, weakness, and a tingling sensation in one or both of your arms, visit your physician right away for a CTS diagnosis. After studying your symptoms and medical history, your doctor may perform a series of tests to rule out other musculoskeletal conditions, such as arthritis and bone fractures. These tests may include nerve conduction tests to measure how well your forearm receives electrical impulses, and imaging tests such as X-rays.

If you are at high risk because of the nature of your work, you may also do some preventive measures to reduce your chance of having CTS. For instance, ensure that you are using only ergonomically-sound tools and equipment while at work. You may also consider talking with your supervisor about getting short but regular breaks to stretch your forearms, especially if your tasks involve repetitive hand motions.

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Creating Your Own Successful App for Business

Posted by on Oct 23, 2015 in Mobile Apps for Attorneys | 0 comments

Apps are always a great way to engage and re-engage your customers. In this day and age where everything is mobile and everyone is on the go, creating an app to keep in touch with your customers wherever they are is a great marketing strategy. But is creating an app still a great business approach even for the most peculiar, uncommon industry, including the legal sector?

The answer to this is a big yes! According to the website of Big Momma Apps, having your own app available on Google Play or App Store makes your law firm more in touch with existing and prospective clients. Whether a person is on the side of the road due to a fender bender, or has been attack by a dog while walking two or three blocks away from his home, having an app means a prospective customer may reach you whenever he needs legal help, without having to reach the comfort of his own home to open his desktop.

But what makes an app successful? Here are the tips that you should bear in mind when designing your own app:

Have a clear call to action in mind

Having a beautiful app is just one part of the story. You need to create an app that has a clear business goal. Do you want your customer to contact your firm? Do you want your app users to subscribe to a newsletter, or make a purchase? Apps are the best way to get your intentions across your customers. Through your apps, you can engage with your customers and tell them what you want them to do.

Design for different platforms

Mobile phones have an extensive user base. Within this base is a myriad of different mobile platforms that your customers use every day. Instead of designing an app for a smartphone, why not make a hybrid app that can cater both to customers in mobile phones and tablets? This way, you are ensuring maximum reach, which could benefit your business a lot.

Information is power

Having a great app is not enough. You need to track down your conversions to know which campaigns give you the most traffic. By knowing what people are clicking and what’s keeping them engaged, you can tweak your app to provide the best user experience.

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