December 17, 2008

90% of the labor complaints submitted injuries to the fundamental rights of employees

The presence of an personal injury lawyer to a worker’s fundamental right has grown over the past decade to stand at levels close to 90% of complaints filed by workers, according to estimates today by the chairman of Lawyers Sagardoy, Juan Antonio Bengoechea Sagardoy During the course of a luncheon for information.

The chairman of law firm specializing in labor law stressed that at present the cases of sex discrimination are the ones that have greater presence and that they will be taking place more frequently in the future.

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Sargadoy spoke along the breakfast of equality and non-discrimination, ideological and religious freedom, freedom of expression and the right to honor, privacy and self-image, focusing on issues like dual wage scale, the unfair dismissal or discrimination on the language within the national territory.

Special interest charged discrimination cases and “mobbing,” although it is necessary that there is objective evidence both to be reported. In the first case, it must incur legally stipulated grounds of discrimination such as sex, race or religion, while the second would be essential to conduct an active and ongoing with intent to injure lawyer on the part of the aggressor.

Regarding the current situation of workers, Sargadoy showed that all rights are mediated by the labor contract that binds them to the company, although it is true that employees still maintain their basic rights such as worker ( collective bargaining, organizing and strike), as well as nonspecific that the Spanish Constitution to them as citizens.

In the case of individual ERE `s taking place at present, Sargadoy says they do not attack the fundamental right to work, as it was conducted according to existing legislation to avoid, as far as possible, layoffs massive, and tinges of incurring Personal Injury Attorney that such rights would be studied case by case basis.

No punishment for driver who caused accident

The magistrate in Utrecht has a Wednesday treinmachinist be guilty of an accident at the station of Amersfoort, but no penalty imposed on him. Against the driver, the 31-year-old S. van der W. (To) from Rhenen, was sixty hours contingent labor required.

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On September 5 the driver missed his freight yard in Adelaide on a red signal. He was in collision with an intercity. There were seventeen slightly injured.

In that same signal appeared in the last ten years already seven times a train to be driven by red. The signal was very poor visibility according to experts.

There was an appointment made, as far as possible that trains on another track would be led.

Observant
The officer found that the driver was not attentive enough. According to the defense, the manager of the railway system acted negligently.

The Personal Injury Lawyer stressed that the signal is now two meters higher placed. The judge found the situation on the track in Amersfoort particularly unhappy and therefore no punishment imposed on.

More information on Personal Injury Attorney can be found here:

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December 16, 2008

Lawyer

Diana graduated in 1996 from the University of Utrecht in the disciplines of Private and Public Business and Economic Law. In January 1997, she was sworn in as Personal Injury Attorney. In the period from early 1997 until late 2000, she worked as a lawyer at Dirkzwager lawyers in Arnhem in the field of business. From January 1, 2001 she worked for Houthoff Buruma, the second largest law firm of Holland in the Amsterdam section Labor and Pensions.

Personal Injury Attorneys

Diana in 2007, the public interest as represented by Public Prosecutor to operate. Because her heart still lies with the legal profession is they Advocatenkantoor Van Daalen January 2008 start.

Diana specializes in labor law and company law, including (collectively and individually) dismissal, employee rights, collective rights, reorganizations, labor aspects of mergers and acquisitions and advising on contracts and litigation.

Diana in 2000, the post doctoral training Labor Law successfully completed. Diana regularly gives lectures to clients and various trade associations. She is the guest lecturer at Utrecht University. Diana is edit star of the HBO manual “Human Resources”. Diana is a member of the Association of Labor Law and Personal Injury Attorneys Amsterdam and the Netherlands Association of Labor Law Attorneys.

December 8, 2008

Road accident victims with serious injuries need a competent (legal or technical-) Advocate for Traffic

A traffic accident is the victim always an unpleasant event, even if only sheet metal damage to “the Germans love child” has arisen. While it but here in the claims to exclusive material values, acquired a competent lawyer care of the victim just for serious Personal Injury Lawyer, a significantly greater importance. Finally, here is not just a question of more or less great pain to achieve. What is e.g.,
 Personal Injury Lawyer
- If a longer sick leave due to the accident, beyond the six-week paid by the employer beyond?
- If the budget does not own more can be because there are complaints duration?
- Or even if permanent injuries are observed, which could lead to the further exercise of the learned profession impossible?

The victim himself is often due to his injury consequences not in a position to seek to enforce his rights to worry about. Most likely it also lacks the relevant knowledge - the Juristerei but is simply a science in itself … But many lawyers, the Accident Cases “incidentally collaborators”, should be overwhelmed when it comes to the regulation of personal injury is serious.

Therefore, in such cases involving serious injury accident regulatory necessarily be a specialist for traffic or another competent lawyer in this area be left. The advantage of the specialist is that his skills because of his additional training and training lasting up to date and so the best possible way for the victim can be used. Here it is, the lawyer at an early stage on, in order from the beginning on the settlement of claims to be able to interact. On the one hand leads an experienced traffic lawyer regularly talks with the insurer of the accident opponent to the regulatory coordination. On the other hand it is under serious traffic accidents in our experience often, a special rehabilitation service on, for example, career advancement to secure.
Personal Injury Lawyers
The competent traffic lawyer will examine in detail what personal damages claims are. This can e.g. be:

- Pain
- Acquisition pension
- Financial management compensation
- Cost of increased needs (eg disabled housing facilities)
- Treatment costs

Even more onerous is the situation when it comes to a traffic accident deaths to come. Even then, the survivors despite their understandable grief as soon as possible, a specialist in traffic or experienced lawyer asked what claims are. This can e.g. be:

- Maintenance damages
- Pension damages
- Funeral expenses

unless a legal protection insurance, the cost of this Personal Injury Attorneys work includes regularly. Otherwise, at least for unverschuldeten accident, the insurer committed opponent of the accident, including attorney’s fees be reimbursed. Even with a co-pay of the victim is in very many cases, which claims the specialist to leave, instead of dealing with small amounts of the opposite side abspeisen to leave and possibly his professional future is not possible to promote…

December 1, 2008

Compensation for injury

A traffic accident, assault, an accident at work …There are many chances to be the victim to cause serious injury causing damages that are seeking compensation  from the person or persons responsible.

Personal Injury Lawyer

French law is based on the principle of full reparation for injury.

However, it is not always easy especially for the courts to ensure that victims obtain full compensation for all his losses.

Also taken into account, are the social agencies such as Social Security or Personal Injury Attorney, which, after having financed a portion of costs resulting from the accident victim, rightly wish to return to the person or persons responsible to obtain reimbursement.

The compensation process has recently experienced an evolution taking place now because on the basis of a list prepared by the President of the 2nd Civil Chamber of the Court of Cassation in 2005, Mr. Dintilhac, editor of a report of 28 October 2005 (Bull. Inf. C. Cass, No 633, 1st February 2006).

The injuries are now classified into two broad categories: properties damage on the one hand and non-pecuniary loss other hand.

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In both categories, there are temporary losses, which suffered until the date of consolidation, when the lesions are fixed permanently and does more harm final, which will be sustained throughout the life of the victim, after the consolidation.

The distinction harm shift determines the rights to the use of social security or other social agencies who pay benefits to victims and seeking to recover from the officials or third parties.

Now, Article L 376-1 of the Social Security Code limit the right of subrogation of social security funds only allowances charged to the head of damage and repair damage resulting in a payment of benefits, excluding personal injury by help of Personal Injury Lawyer.

fall into the category of property damage costs and financial losses caused by injuries in concrete and objective. These costs must be justified by including invoices, and include:

- The costs of health expenditure medical expenses, hospitalization, rehabilitation … It may be the current costs or costs foreseeable future after the date of consolidation.

- Transportation costs, adaptation of a vehicle or home,

- The loss of occupational earnings, reduced income,

- Assistance of a third person,

- School injury loss of the current school year, need for a reorientation

- The impact professional obligation of a reclassification, loss of value on the labor market, loss of opportunity to evolve in his career, strenuous work-related because of injury, training expenses necessitated by a conversion …

The pecuniary loss are those arising from personal injuries are suffered subjectively by the victim and his staff.

It is physical and psychological consequences affect on the victim injury.

These losses have a personal use are excluded from social security.

Fall into this category:

- The functional deficit, which may be temporary or permanent: the inability diagnosed which establishes that the damage has an impact on the functions of the human body affect the physiological functions, pain, loss of quality life, trouble in the conditions of existence, the legacy …

The European Commission defines a permanent functional deficit as “the ultimate reduction of the potential physical, intellectual or psycho sensory capabilities, resulting from the impairment of integrity of the anatomy, which is medically supplemented by ‘Add the painful phenomena and psychological effects normally associated with the achievement described as the usual and objectively linked to this attack in everyday life.”

November 25, 2008

No cure no pay perils

On the Internet for you online:

'No cure no pay' is prohibited by law for lawyer. The lawyers are legally forbidden to work under a system of ‘no cure no pay’. Minister Hirsch Ballin (CDA, Justice) has announced this yesterday in a letter to the Lower House and further review.

The government follows this advice from the committee lawyers. The committee last April gave advice about the tightening of laws and regulations governing the legal profession in the Netherlands.

The government insists on refusing any kind of result-oriented pay to enter. Particularly among orlando personal injury lawyer, the call for the use of such a scheme riveted.

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The government gives the Bar of the legal duty to draw up a regulation with the minimum criteria that lawyers must meet to their independence, integrity, confidentiality, expertise and responsibility to ensure public.

Law Firms must in future be a recognized quality system and introduce the annual results published on a website. Fields prefer and specializations of law firms should also be published on the website, just as disciplinary convictions.

The occasion for the establishment of the committee-advocacy was a point of the Second Chamber De Vries (PvdA) in 2004, calling for a review of the orlando car accident lawyer practice in the Netherlands was requested. According to the then Minister Donner need the privileges of lawyers, such as secrecy and duty to give evidence, further research, because too many lawyers sometimes the interests of clients and would serve the public interest - a good policy process - from order would lose.

By the profession to a new set of rules to bind, the government responds to the main recommendations of the committee. The regulations that will establish the Order must be decided by the Minister of Justice be approved.

November 20, 2008

Span air Vazquez Plane Accident Compensation Lawyers

Reproduce interesting article published in the IHT on Severance sinister air accident Span air Barajas:

Since the delivery of documentation, Span air has 15 days to pay 25,000 euros in advance

the awards for sinister air, stalled since 2001 

Those affected have to litigate to demand larger amounts to 120,000 euros.

That is what sets the current regulations as mandatory compensation for death in a plane crash like that of Barajas. This amount will only increase, and much, if the relatives of victims of JK5022 resort to the courts to claim damages, although the process can go on for several years.
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The amount of 120,000 euros, which had not changed since 2001, is covered by royal decree as well as a European regulation of 2002. However, following the attacks of Sept. 11 in U.S., European legislation since 2005 requires airlines to obtain insurance for their passengers with a minimum coverage of some 300,000 euros per passenger. Thus, if the justice set a higher compensation, Mapfre is responsible for policy-Span air would serve until the top and the rest shall be borne by the airline.

According to the latest schedule of the Air Navigation Act, survivors who suffer from a permanent partial disability are entitled to receive around 69,600 euros, while the limit for certifying a temporary partial disability is around 34,800 euros. The legal beneficiaries of the deceased are entitled to receive 120,000 euros.

The amount of compensation varies as set out in a unit called the Special Drawing Rights (SDRs). This is an indicator set by the International Monetary Fund on the value of the U.S. dollar, the euro, the yen and the pound sterling. It has a daily change that recently has ranged between 1 and 1.2 euros.

orlando car accident lawyer specializing in civil aviation and remember that the victims may seek additional compensation for damages, first through both criminal and, if this is exhausted by the civil courts. “The compensation provided by law addresses the liability of the airline by the accident. To achieve a higher level, those affected should complain to the courts for damages of fault or negligence in the accident, “says Alfonso Ochoa, the release Albors Galliano.

Damian Vazquez, Vazquez firm’s orlando personal injury lawyer who has represented several passengers injured in the Binter Malaga in 2001, recommends “no case did not sign a release form with the airline and claim for damages and, in the case of the wounded, per day of hospitalization, the recovery and the aftermath both physical and psychic … It also has age, economic status, family circumstances. That’s why you have to analyze case by case basis. ”
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Span air opened on Tuesday, the deadline for delivering applications to indemnities for advancement. The wounded and the legal beneficiaries of the 154 deceased, after providing documents proving his parentage, will receive 25,000 euros in advance of a maximum of 15 days from the date you submit all necessary documentation. The current legislation requires advance about 19,200 euros.

It is appropriate that the families of the victims come in addition to the registration of new life insurance to see if the passenger had additional insurance. For one thing, when you buy a plane ticket over the Internet or through a travel agent, especially when it comes to a package, there is the possibility of hiring an additional staff from two insurance euros. Also, when paying with credit card, depending on the financial institution that issued, it may have travel insurance. Since Visa warn that Spain “is the power of each bank to have a partner or not safe to travel cards.” In addition varies depending on the type of card, Visa as the only obligation the lead partner for platinum and infinite (the high range). Finally, it remains to be seen whether the victims had a personal life insurance linked to, for example, your mortgage.

November 10, 2008

The Weight of the Plaintiff in a Case of Personal Injury by defective products

The plaintiff for damages is a great challenge and even when the law on product liability has been developed over the years. There was a time when “caveat emptor” (let the buyer is alerted) was usual for manufacturers.orlando car accident lawyer

Today it is the “strict liability” in appropriate cases. Under this rule, manufacturers are responsible for injuries caused by a defective product or product unreasonably dangerous and even when there is no negligence.

In a product liability action, the injured person or claimant must prove, for example, that there was a defect in design or manufacture of the product and that the manufacturer does not properly warned consumers to the potential dangers of the product. In addition, a person must establish, with credible and relevant evidence that the product caused the damage and he or she was using the proceeds of the way should be used, and even that the manufacturer should have anticipated that the product could be used wrongly if it was so.

The manufacturing defects are almost always easier to prove that the design defects. If a gas fireplace explodes when power for the first time, it is clear that the fireplace was not manufactured as they attempt the designer. The defect in design, on the other hand, can occur if many or all of the smokestacks of a particular model are at risk of explosion. Test a design flaw involves judging matters of a technical nature that generally require expert testimony. In the event of a defect in design, the product can be manufactured as needed, but the design was inadequately planned in such a way that was unreasonable hazards to consumers.

Show cause in a case of product liability can be difficult. The acusante must establish that the product was defective when it left the hands of the defendant manufacturer, distributor or seller and that the defect was what caused the accident that injured the accuser. If the injuries could have been produced by several potential causes, the accuser must establish that the defective product had a substantial role in producing the damage.
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November 8, 2008

AVIATION ACCIDENTS Who is responsible?

Although traveling by plane, is regarded today as one of the safest ways of transportation, when an accident occurs to these features, most of the passengers, unfortunately, become victims.

For people close to the victim, usually a nightmare from which it is difficult to get out, and it raises many questions: what are the grounds on which the orlando car accident lawyer took place? Who is responsible? What circumstances have together? What mistakes could have been avoided? Who is going to help me in this situation?
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ICAO, supranational body delegate of the UN, to oversee the safety standards of Civil Aviation, in 2006, stated that air travel would increase dramatically over the next 20 years. It is clear that with increased air traffic, the risk of accidents will increase substantially.

What then is a plane crash? In short, can be defined as an event associated with a plane, which dies or is seriously orlando personal injury lawyer, or the plane suffered severe structural damage, or is lost and can not be located.

The aviation accidents can be due to many factors, among others:

- Error of the pilot or crew,

- Defects in the runway and takeoff,

- Error of the air traffic controller,

- Errors in mechanics, including engine problems and other components,

- Lack of or improper maintenance of the aircraft,

- Faulty design of the aircraft structure.

In recent years, and through the introduction of commercial aviation, aviation accidents have claimed thousands of victims both in America and in Europe. Those who have lost a loved one in this type of calamity, they know clearly how painful and traumatic it can be this kind of situation.

The tragedy is great for families, their need for comfort has no end, the family of the injured, missing or deceased, must now face all sorts of challenges, and among them, are ultimately the legal: how to complain and against who?

Clearly, someone has to be responsible, someone will have committed negligence, someone will not have acted with due diligence, and therefore should be held liable. However, all this is not enough, we need to hire an attorney to represent our interests and defend our rights.

First, the person chosen will have to understand the legal aspects of such tragedies, determine the responsibility of pilots, the rest of the crew or the airlines.

The legal system in this area is very complex. The responsibilities may be due to one or more causes.

A plane crash is one of the most horrible kinds of accidents that can happen by its tragic consequences, and simultaneously, very complex from a technical point of view, for a variety of factors involved.

Hire a lawyer to represent him adequate means you can get the compensation you deserve.

November 4, 2008

Personal Injury claims

In Orlando, it is possible that you claim for the negligence over the safety of a property which has lead to an injury and you can also hire an Orlando personal injury lawyer. The factors that can make you file a claim at the time of injury are:

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• Insecure conditions somewhere on the property or around something at property.
• The person on duty for the same is not present there to make it safe or fails to convey about it.
• This person had the time to rectify the unsafe conditions but did not do it.
If just after the occurrence of the unsafe condition, there wasn’t provision/time to rectify it, then the claim could not be made.

The different types of Liability Claims
The owners of the property have different kinds of liabilities to different people. It doesn’t apply same for everyone. A detailed discussion about varied responsibilities can be done with a Orlando personal injury lawyer and orlando car accident lawyer.

There are a number of liability claims that can be made but people generally think of only slip and fall case as the origin of claim. Yes it is true that most of the times such things happen in a restaurant or shop but there are other premise liability cases too. And they are:

• Trip-and-fall – Dangerous accidents that occur due to problems in walking area like an electric cord, uneven cement or concrete floor, torn carpet or may be holes, ditches and the likes. 
• Falling through unsafe surface- Such accidents generally occur at under-construction buildings/sites, garages or porches. A material that has fallen over you or some dangerous machinery has injured you.
• Pool injuries- Accidents that took place in and around swimming pools; accidents related to drowning, diving.
• Fire or explosion – Harmful material like gasoline, paints of flammable stuff causes accidents and they fall under this category. Defective wiring and indecently maintained machinery also cause accidents.

Accidents in commercial facilities- Commercial areas include parks, resorts, spas or those commercial facilities where people get in contact with machinery or equipment can cause some serious accidents due to negligence or unsafe handling.