Accident Lawyer

An individual’s hearing sensitivity is measured by the quietest sound that the person can detect – this is known as the hearing threshold. A behavioral audiogram can be used to accurately measure that threshold in humans (and in some animals). This process involves recording the quietest sound that elicits a response from the listener, on a consistent basis. Different frequencies are used for these sounds while recording the responses. Another hearing test involves electro-physiological responses that don’t require behavioral responses.

With regards to various animal species, normal hearing thresholds are not the same for every frequency. When sounds are played at different frequencies, and at the same amplitude, some of those sounds will heard as a loud noise, some will be perceived as quiet and some will hardly be recognized at all. However, for those frequencies that are barely perceived, increasing the amplitude will make them more audible. In general, the frequencies that are used for communication within the species (as in “speech” – for humans) are the most audible for that species. This fine tuning of hearing will appear at many different levels of the auditory system. This will also include the ear’s physical characteristics and the nerves and tracts of the auditory system which will convey impulses to the portion of the brain that decodes them.

When an individual is unable to exhibit sensitivity to sounds that are normally perceived by its kind – that individual is described as being hearing impaired. For humans, this term normally refers to those who are insensitive to sounds in the frequencies that speech is heard. The severity of this condition is measured in terms of how much louder (increased amplitude) the sound must be, before the sound is recognized. In cases of profound deafness, no level of sound amplitude will be heard.

The quality of a sound, as opposed to its amplitude, is another characteristic of hearing. For humans, this is measured by “speech discrimination” tests. These tests will require that the subject not only hears the sound, but understands it, as well. There are some very rare forms of hearing disorders that will only affect this aspect of hearing.

Please note that this article is for informational purposes only and is not intended as legal advice.

Hearing Impairment can sometimes interfere with a productive lifestyle. For further information, contact Social Security disability lawyer Gerard Lynch, regarding SSI/SSD claims in Galveston and other Texas cities.

• Simple things to know about Wills
• Easy facts on Wills

The death of a love one sometimes comes unexpectedly. It is something that nobody looks forward to but being prepared for such an eventuality could help ease the uncertainty of those who are left behind. Executing a Simple Will is a great way of assuring our loved ones that we care for them and removes the possibility of conflicts that may arise from a love ones sudden demise.

A Will gives family members with a simple estate a convenient way of distributing their assets to their surviving beneficiaries. Anyone could author a Simple Will; all that is needed is for a person to have all their intentions be written in a piece of paper. There are a lot of books and information readily available thru the internet which gives a basic understanding on what should be included in a Simple Will.

Although authoring a Simple Will is easy, getting the opinion or consulting with an attorney is still best. Information located in books and online sites only gives an overview of what is included in a Will. Other factors such as state and local laws should also be considered so that all provisions in the Will fulfil all legal requirements.

Who can make a valid Will?

A person must be “mentally capable,” they must possess the ability to understand fully the contents and provisions which are stated in the will. They must have the capacity to make sound and intelligent decisions. The law also require that Individuals must be of legal age or 18 and above.

What Makes a Will Valid?

The will must be executed under the author’s free will. All decisions must be made free from duress or influence of another individual. Wills must be done in writing in order for them to be legally accepted or stand in court. The person executing the Will must affix their signature on the document and should have witnesses attesting to the documents authenticity.

Who can be a witness?

Witnesses must be of legal age or 18 years old and above. They must not also be included as beneficiaries in the Will. Beneficiaries who stand to benefit from the Will’s execution may lose their rights in the process. 

Helpful tools and information on Probate Law: Adrian Philip Thomas, Public Attorney serving people in the Florida state area

The type of Bankruptcy filed will depend on the individual circumstances involved. Listed below are the various bankruptcy types:

Chapter 7 Bankruptcy: Liquidation

Reference article: Chapter 7, Title 11, United States Code

This is the most common form of bankruptcy and will involve the appointment of a trustee who will have the responsibility of collecting non-exempt property from the debtor, sell that property and use those funds in order to pay creditors. Each state will allow essential property belonging to the debtor to be exempt from this process. Because of this, most Chapter 7 filings are “no asset” cases in which the debtor will keep all of their property.

Chapter 9: Reorganization for municipalities

Reference article: Chapter 9, Title 11, United States Code

Chapter 9 bankruptcies are only available to municipalities. This type of bankruptcy is not a form of liquidation – but rather, a form of reorganization. An entire county, for example, may file for a Chapter 9 bankruptcy.

Chapters 11, 12, and 13: Reorganizations

Reference articles: Chapter 11, Title 11, United States Code, Chapter 12, Title 11, United States Code and Chapter 13, Title 11, United States code

Bankruptcies filed under Chapter 11, Chapter 12 or Chapter 13 consist of complex reorganizations which involve allowing the debtor to keep all or some of their property to facilitate future earnings that can be used to pay off creditors.

Consumers will commonly file a Chapter 7 or a Chapter 13 – filing a Chapter 11 is rare (but allowed). Similar to a Chapter 13, a Chapter 12 is only available to “family farmers” and “family fishermen” in certain circumstances. The difference is that a Chapter 12 will usually have more lenient terms for debtors than a similar Chapter 13. Chapter 12 was set to expire in 2004 – but was renewed and established permanently.

Chapter 15: Cross-border insolvency

Reference article: Chapter 15, Title 11, United States Code:

Chapter 15 was added to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. This deals with foreign companies with debts originating in the United States.

Please note that this article is for informational purposes only and is not intended as legal advice.

The Jodat Law Group, PA which is located in Sarasota, Florida, can help you through your bankruptcy claim. Gary R. Jodat is the managing attorney.

Minimum wage protects employees from being taken advantage of by their employers by instituting a basal wage that must be paid to workers. Currently, federal law dictates that employees must be paid at least $6.55 an hour by employers to pass minimum wage requirements. However, oftentimes the state will institute an increased pay standard, such as in California. In this case, the employee is subject to the higher state-instituted minimum wage.

The History of Minimum Wage

The minimum wage requirement was instituted by Congress as part of its regulation of interstate commerce. It was included in 1938’s Fair Labor Standards Act alongside child labor laws, overtime pay, and record keeping requirements. Issued in the aftermath of the Depression, it was intended to stabilize the economy and protect workers’ health and well-being by founding a minimum standard of living. It is important to note that the minimum wage requirement does not apply to independent contractors but employees, defined by the court as one who is financially dependent on the business he serves.

Limitations of Minimum Wage

Specifically, minimum wage protects those that would not possess enough bargaining power and were likewise more susceptible to overreaching by employers. Executives, outside salespersons, professionals, and administrators are therefore often exempted from the minimum wage requirement by Congress since individuals with these higher-earning positions are considered to have ample bargaining power to prevent being taken advantage of by their employers. Likewise, exceptions may apply to full-time students or disabled persons.

Fair Labor Service Act

In addition to outlining the minimum wage requirement itself, the Fair Labor Service Act also details methods of enforcing this requirement. Specifically, it designates the task of investigation and detection of minimum wage violations to the secretary of the Department of Labor and the administrator of the Wage and Hour Division. This Congress-created office may force an employer to make records to them, or for the presence of witnesses at hearings. In order to contain breaches of the law and attempt recovery of unpaid benefits, the secretary of Labor has the ability to sue on behalf of employees.

Oftentimes, these rulings for damages can prove quite lucrative for the wronged employee, as the FLSA authorizes employees to seek and attain unpaid minimum wages from their employer. Likewise, they are permitted to file a claim not only for themselves but for other similarly aggrieved co-workers denied minimum wage. Willful violations of the minimum wage requirement can cost a company up to $11,000 in fines from the FLSA, and individuals controlling an employer can be held personally responsible for recovering civil damages, including unpaid compensation, reinstatement, attorneys’ fees, etc. Therefore, it is important that employers abide by minimum wage requirements and employees recognize when such rights are denied from them.

It should be noted that the FLSA does not has jurisdiction to regulate special payments such as vacation or sick pay, pay raises, or premium pay for holiday work. Moreover, the FLSA can’t guarantee or regulate payments in excess of the minimum wage amount, nor does it dictate the amount of hours an employee can be made to work in a week, including overtime.

Additional Legal Site: Shavitz Law. Serving clients in the Boca Raton area.

The Consumer Product Safety Commission (CPSC) recently announced the product recall of approximately 635,000 infant cribs following the death of a 6-month-old child amidst dozens of reported problems related to child safety.

Defective Hardware
Distributed by Dorel Asia, which is based in Barbados, the cribs were designed with hardware that was found to be defective. The defective hardware was subject to failing which resulted in the drop-side of the crib to become detached, creating a space that could cause a small child to become trapped and strangle or suffocate.

Additionally, slats in the crib were also prone to damage which could result in a strangulation or entrapment hazard. This damage was found to be possible in instances where the crib was either in use or in storage. Damage could also occur when the crib was being assembled, disassembled, reassembled or even during normal shipping and handling.

Fatal Tragedy
The CPSC issued a statement which indicated the 6-month-old involved in the fatal incident became trapped and died when the drop-side hardware on the crib broke. Dorel Asia and the CPSC received a total of 36 reports of slat damage, 31 reports of drop-side hardware breakage and 10 reported injuries. In a separate statement, Dorel Asia said that a safety investigator had informed them that the child’s parents had attempted to repair the broken hardware with duct tape. As such, Dorel Asia made the claim that the circumstances in the death of the 6-month-old were “highly unusual”.

Recall Actions
The recalled cribs were manufactured in Vietnam and China and were sold in Sears, Kmart and Wal-Mart for $120-$700 – from January 2005 up until December 2009. Several models of the cribs have been recalled.

The CPSC issued a warning to consumers that they should immediately refrain from using the recalled cribs and find alternate bedding for their children. They were also advised to contact Dorel Asia, either by phone or their website, to receive a free replacement kit.

Please note that this article is for informational purposes only and is not intended as legal advice.

To find further information regarding unsafe products, contact Attorney Chris Searcy – located in West Palm Beach, Florida.

The U.S. tax law enforcement agency Internal Revenue Service or IRS initiated the Voluntary Disclosure Practice to enable noncompliant taxpayers to resolve their tax liabilities and reduce chances for criminal prosecution. The IRS has used this practice in decisions on whether or not to recommend a case to the Department of Justice for criminal trial. This has been particularly effective in cases of offshore tax issues. Nonetheless, an individual may still want to know the chief whats and whys of this particular effort by the said government bureau.

What Is the Primary Aim of the Program

The high degree of noncompliance related to foreign or offshore accounts and foreign entities has led the IRS to take more forceful action in getting greater compliance with tax laws and in closing the tax gap, becoming especially evident in a time of recession. The program also allows the IRS to gather from taxpayers making voluntary disclosures more information and thus, further their understanding, about how foreign accounts and entities are promoted to avoid or evade tax.

Before, the IRS had little arsenal to deal with offshore accounts, and it is definitely hoped that information gained from interviews will enable the bureau to develop additional strategies to inhibit promoters and facilitators of offshore systems from making new clients. Under the program, taxpayers are required to pay six years’ worth of back taxes on income associated with their foreign assets, interest, and a 5%-20% Highest Value Penalty.

Who Should Consider a Voluntary Disclosure

The general risks of tax evasions and other violations are mainly civil penalties and criminal charges. Civil penalties can amount to substantial fines and criminal prosecution can lead to much more severe consequences. For taxpayers who have failed to file tax returns and other information timely and/or honestly, a deliberate admission of such lapses is the best way to go. A voluntary disclosure also opens the best opportunity to calculate fairly accurately the total costs of all offshore tax issues. There is always a chance of being found out by the IRS, and when that happens, tax violators are most likely to face hefty fines and increased likelihood of criminal prosecution.

Additional legal advice on voluntary offshore disclosure: Tax attorneys Thorn Law Group.  Assisting clients in Washington, D.C.

The risk of injury on a construction job is substantial. While many people assume that modern safety precautions have eliminated the high risk associated with this field, the truth is that most construction sites are still incredibly unsafe if not properly protected and maintained. In fact, the US Bureau of Labor Statistics ranks private construction among the most dangerous fields of work with higher death rates than any other industry and countless annual injuries.

The Risks of Construction

While working on a construction site, there are any number of possible injuries you can suffer. With multiple hazards located throughout the work area, workers are vulnerable from chemicals, scaffolding, electrical wiring, and large machinery that require special care for safe operation.

The most common causes of injury and death on the construction site are related to mistakes and poor conditions – with precautions not being taken when they are necessary. Defective machinery, dangerous conditions, faulty equipment, and accidents such as falling are all related directly to these injuries. If you work on a construction site, it is important to not only know the safe methods of using the materials there, but to watch the safety precautions closely and ensure that everything is well established throughout the site.

Handling a Construction Injury

While most constructions injuries are accidents, it is important to recognize that some could be caused by negligence or poor safety conditions. Most basic accidents are covered by workplace insurance. However, when an accident makes it hard to continue working or leads to long term injury or even death, it is possible that the liability lies with the construction company or even a fellow employee who was working unsafely. Many people avoid these situations or ignore when potential liability is at stake. It is important that you watch these situations closely though as they can greatly affect your future.

While construction is a dangerous business, it is still a job, and no one should ever put their life on the line for a pay check. Keep a close eye on your conditions and how your life and health are affected by them each day. This article is intended as informational and should not be taken as legal advice.

Contact Ken Allen Law for more information in the Chicago, Illinois area. Click here for more information.

For individuals to be considered under the ADA, they must first qualify as a person with a disability or is currently having a relationship with a disabled individual. This is defined by the ADA as individuals who have a mental or physical impairment which stops them from performing major life activities, a history of having a disability or when they are generally regarded by others as having impairment. However, the ADA does not provide a complete list of disabilities or impairments.

Title I: Employment

Employers with 15 or more employees are obligated by law to extend qualified disabled persons opportunities similar to those employees without disabilities. Included in the list of employers are religious entities that have 15 staff members or more. It strictly prohibits the discrimination of disabled persons with regards to job applications, job growth, training, wages, hiring and other privileges extended to workers.

Restrictions include the types of questions regarding a person’s disability that outs them in a disadvantage before job offers are made. It also instructs employers to provide reasonable accommodation to qualified individuals, providing them an atmosphere where their mental or physical impairments would not hinder them from performing their job. This however is not absolute as employers who may suffer from “undue hardship” from such actions may be exempted.

Title II: Public Entities (and Transportation)

The Act states that all local and state governments provide equal opportunities to disabled individuals not considering their size or source of funding. Government offices are tasked with providing disabled individuals the full extent of services, programs, education, employment, health care, and social services to name a few.

Government offices are also required to implement structural standards to provide easy access to disabled individuals. This is not limited to office or building design but they are also instructed to provide individuals who have communication impairments such as deaf, mute or vision impaired an effective means of communicating.

Title III: Public Accommodations

Under this Title, disables individuals are protected against discrimination with respect to the delivery of goods and services, places of accommodation and facilities. Public accommodations include hotels or inns, parks, educational centers, transportation, restaurants, and stores which provides or sell their services.

Additional link: Lawyer Mike Murburg with law offices located at Tampa Bay, Florida

The United States National Crime Victimization commission of 1999 reported that only 39% of all sexual assaults and rapes were reported to law enforcements agencies. For instances of male rape, that number was less than 10%. The survey bypassed all instances of female-female and female-male rape, altogether- since the number of reported incidents is negligible. The primary reason cited for the low percentage of reported rapes is the perception that rape is a “private affair” or a fear of further attack from the person who committed the rape. A study published in Great Britain (2007) noted that it is estimated that 75% – 95% of all rapes are never brought to the attention of the authorities.

Reporting to Police
Different rape advocacy groups have suggested various means for increasing the percentage of rapes that are reported to the police. These methods can involve dealing with the subsequent trauma suffered in the rape. For example, many law enforcement agencies will take the step of assigning a female officer to head a rape investigation that involves a woman victim.

False Rape Accusation
The advocacy groups also insist on preserving the anonymity of the victim during legal proceedings. However, this approach has come under fire as it may lead to a false rape accusation. Advocacy groups have also pushed for the category of female-male “educational” sexual encounters to be re-defined as cases of rape, as well. The statistics of female-female and female-male rape are rarely considered, as some jurisdictions have no laws to address these forms of encounters. It may even be thought, in some jurisdictions, that female-male rape is impossible.

Percentage of Women
With current data available, a Canadian research specialist came to the conclusion that 1/3 of sexual offenses, in general, involve women perpetrators. Yet, it was also noted that out of 4545 convictions of sexual offenses in 1997, only 0.4% of those convicted and imprisoned were women.

The Effect of Culture
Cultural mores will also play a part in the reluctance of female-male rape victims to report a crime. It is perceived by the general public (and the victim, as well) that there was a conscious choice on the part of the male to willingly participate in the encounter – even if the encounter was coerced by threats (such as loss of employment).

Please note that this article is for informational purposes only and is not intended as legal advice.

For more information, contact Attorney Michael Lowe located in the Dallas, Texas area.

There are many things that truck drivers can do to avoid collisions. They can ensure that their truck is in good working condition, including their braking system. Drivers can check their tires before a trip and throughout to make sure they are properly inflated and the tires are not worn. They can practice defensive driving and safe techniques out on the road, and they can make sure they have the proper amount of sleep. But drivers have no control over bad weather.

Truck drivers often drive hundreds of miles each day and in that time can see a wide variety of weather conditions. Usually they can handle most conditions and it is important that all truck drivers are taught safe techniques for driving in bad weather.

Truck drivers should study their daily routes and check weather reports before heading out. They should have some idea of the weather conditions they may be driving into. There are several weather situations that are particularly serious and can lead to a greater number of accidents. These are times that truck drivers may want to get off the road.

Poor Visibility

One of the most important factors for any driver is to be able to see the road and the other vehicles on it. There are many different weather conditions that hamper visibility. These include heavy rain or sleet, snow blizzards, and thick fog. In these conditions vehicles often become “invisible”. Even with lights and reflectors trucks and cars may not be able to see one another. It is important to drive slowly, with extreme caution, and consider getting off the road if possible.

Unsafe Road Surfaces

Precipitation can often be a challenge. Rain and snow can make road surfaces slick and slippery. It is often hard for vehicles to get proper traction. In some colder climates, black ice forms on road surface. It gets its name from the fact that it is practically invisible, so drivers do not realize they are driving on ice until they begin to slip. These road conditions can be extremely dangerous and truck drivers need to determine if they can continue safely or if they should pull off.

High Winds

Excessive winds can be very dangerous. Car drivers may have trouble maintaining control of their vehicles, and may be blown in from of other traffic. Because they have a different center of gravity, it may be even more difficult for truck drivers to control their rigs. Extreme winds can also shift loads which can lead to rollovers. Many states will ban trucks and other large vehicle, such as buses or RVs, from traveling if they feel the winds are too severe.

While many truck drivers do not want to stop and get behind schedule, there are going to be times that the weather is too severe to continue. The trucking industry and trucking companies should support the drivers by recognizing that sometimes the safest technique to do is to get the truck off the road. Practicing good judgment may keep both the driver and the company from being held liable in the event of a severe weather truck accident.

This article is not intended for legal advice.

Continued Legal Sources: TruckAccidentLaw.org. Serving clients in North Florida and nationwide.