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Licensed Professional Public Appraisers

Posted by on Aug 5, 2017 in Insurance Appraisers | 0 comments

According to the Texas Department of Insurance, a public insurance adjuster is a person who, for direct, indirect, or any other compensation acts on behalf of an insured, another Public Insurance Adjuster; or a person who advertises, solicits business, investigates, settles, or adjusts or advises or assists an insured with the settlement of a claim or claims for loss or damage under any policy of insurance covering real or personal property, or holds himself or herself out to the public in negotiating for, or effecting the settlement of a claim or claims for loss or damage under any policy of insurance covering real or personal property.

Making an appraisal is giving an opinion of value by a licensed professional appraiser. It involves many issues, including study of appropriate market areas; gathering and analysis of information relevant to a property; and the knowledge, experience, and expert judgment of an appraiser. Any type of property may require an appraisal too including single-family homes, condominiums, apartment buildings, office buildings, industrial sites, shopping centers, and farms. Performing a real property appraisal is done for various reasons, such as when real property needs to be sold, taxed, mortgaged, developed or insured.

An appraiser is required to provide objective and unbiased opinions on the value of real property, especially when it is damaged due to a natural disaster. He or she estimates the value of insured items, evaluates insurance claims, and decides whether an insurance company should pay a claim, and if so, how much.

The K2 consulting & Services, LLC, believe that in order to get an accurate estimate and inventory of personal or commercial property, owners need to be represented by licensed public appraisers. Much of the value of an appraisal will come from the knowledge and assessment of the appraiser, so it is essential to work with an appraiser who has an eye for detail, knows the insurance process, and is looking out for your best interests.

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The Jones Act and the Longshore and Harbor Workers’ Compensation Act

Posted by on May 11, 2017 in Personal Injury | 0 comments

Longshoreman injury attorneys of Williams Kherkher explain how “most maritime accidents can be traced back to some form of negligence on the part of an employer or a vessel’s owner and, when an accident is caused by the negligence or recklessness of either party, accident victims can use the Jones Act to help hold whomever was responsible financially accountable for their pain and suffering.”

The Jones Act gives seamen them the right to sue their employer for personal injury or negligence damages. This federal maritime law, originally called the Merchant Marine Act of 1920, was designed to protect seamen who get injured on the job.

To determine who are qualified for the benefits offered under the Jones Act, some terminologies are assigned their appropriate definitions:

  • Seaman. This refers to any person who spends a significant amount of his/her time on a vessel or on a specific fleet of vessel (“in navigation”) as a member of the crew member or as captain.
  • A vessel in navigation. This is any type of boat that is afloat, in operation, capable of moving and on navigable waters (this definition excludes vessels in a dry-dock or those out of the water and up on blocks; floating casino barges; oil drilling platforms; and newly built vessels that are still undergoing sea trials). “Navigable waters” refer to rivers or lakes used for interstate or foreign commerce (may oceans and landlocked lakes, but only if these extend to another state or are connected to a river that flows into another state).
  • Significant Amount of Time. In order to qualify as a seaman, a person has to spend at least 30% of his/her employment time on a vessel. Thus, anyone who works 70% of the time in the office and 30% on a vessel can be considered a seaman.

According to ship worker injury lawyers of Williams Kherkher, “The Jones Act covers employees who work on ships, rigs, crewed recreational boats, floating cranes, tankers, barges, and just about any other kind of vessel that is capable of moving on the water. Though it will not cover every person on a seafaring vessel, this legislation will cover any person that meets the legally defined requirements for being a ‘seaman.’”

In order to provide protection for other maritime workers not covered by the Jones Act, another federal law had to be passed – the Longshore and Harbor Workers’ Compensation Act (LHWCA), which was enacted in 1927. The LHWCA, according to the U.S. Department of Labor, “provides for the payment of compensation, medical care, and vocational rehabilitation services to employees disabled from on the job injuries that occur on the navigable waters of the United States, or in adjoining areas customarily used in the loading, unloading, repairing, or building of a vessel; it also provides for payment of survivor benefits to dependents if the work injury causes, or contributes to, an employee’s death. These benefits are typically paid by the self-insured employer or by a private insurance company on the employer’s behalf. The term “injury” includes occupational diseases, hearing loss and illnesses arising out of employment.”
It was designed to cover employees, including longshore workers, shipbuilders or ship-breakers, ship-repairers, harbor construction workers, other maritime workers not covered by the Jones Act, and non-maritime employees who perform their work and get injured on navigable water.

The LHWCA, however, considers the following ineligible to receive benefits:

  • Those who get injured because they were intoxicated while working; and
  • Those who get injured due to their own willful intention to harm themselves or others.
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Lack of Qualified and Trained Personnel: One of the Major Reasons for Nursing Home Abuses

Posted by on Dec 29, 2016 in Elder Issues | 0 comments

Elder sexual abuse, as defined in the website NursingHomeAbuseGuice.org, “is the initiation of physical or sexual contact with an elderly person, when that contact is nonconsensual or unwanted. This abuse also includes making contact with an elderly person who is confused or unable to give consent.” (http://www.nursinghomeabuseguide.org/sexual-abuse/) Some types of elder sexual abuse include: sexual assault and battery, rape, sexual assault and battery, forced nudity, sexual photography, and unwanted touching.

Sexual abuse is probably the most horrible type of abuse committed against elder residents of nursing homes. Over the last decade, news of nursing home abuses, which also include physical, emotional and financial abuses, have been heard more than ever, yet those that get reported are believed to be way below the real numbers as so many victims rather choose to remain silent or nursing homes, upon finding out of abuses, conceal the crimes from authorities and the public; some facilities even reverse the facts of the crime to make it appear that the ones at fault are really the victims. There are also cases wherein victims are accused of inventing stories just to get attention.

Thousands of nursing homes do not have enough personnel to guarantee that all the needs of the residents will be attended to, much more, that quality care will be provided, yet attention and quality care are what every nursing home facility advertises and promises it will provide. Due to the lack of personnel, nursing home employees always end up overworked and stressed out, thus many turn to abuse and neglect to silence residents and discourage them from requiring assistance, including in daily activities, such as bathing, eating, toileting, dressing, and others. In some other instances, it is just a facility’s failure to check the background of those who apply as nursing home staff; thus many end up hiring individuals with records of abusive acts or those whose mere intent and interest is to receive pay and not care for the elders.

Sexual abuse in a nursing home should be stopped as soon as it is committed. It is for elders’ and other residents’ safety that family members are enjoined to be vigilant of possible signs of sex abuse and to report even the least suspicion; seeking assistance from a highly-skilled attorney may also be able to help prove if an abuse is really being committed and to hold the responsible party accountable.

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Causes of Complex Regional Pain Syndrome

Posted by on Nov 16, 2016 in Personal Injury | 0 comments

Complex regional pain syndrome (CRPS) is a chronic pain condition that affects one of the limbs usually after an injury or trauma to that limb. It is believed that CRPS results from damage to, or malfunction of the peripheral and central nervous system. In CRPS, the damaged nerves are unable to properly control blood flow, feeling, and temperature to the affected area. According to the website of Williams Kherkher, the condition can spread to other parts of the body.

There are two types of CRPS, which have similar symptoms and treatments. CRPS-I formerly reflex sympathetic dystrophy syndrome involves the absence of confirmed nerve injury. It is most common in the arms or legs after a minor injury. CRPS-II, on the other hand, involves confirmed nerve injuries. It is the result of an injury to the nerve.

Doctors are not sure about the causes of complex regional pain syndrome. In most instances, it results from trauma or injury. It is most commonly triggered by fractures, sprain, soft tissue injuries, limb immobilization, or surgical and medical procedures. Injuries in the small nerve fibers may bring about the different symptoms of CRPS. Abnormalities in the peripheral nerves cause neurological functions in the spinal cord to work abnormally.

CRPS can affect the immune system as well. High level of inflammatory chemicals is present in the tissues of people with the condition. Inflammatory and autoimmune conditions such as asthma can also trigger CRPS. Complex regional pain syndrome does not have a single cause but results from several causes that produce similar symptoms. According to some theories, pain receptors in the affected part of the body responds to catecholamines, a group of nervous system messengers. It is believed that complex regional pain syndrome disrupts the healing process. Emotional stress may also trigger complex regional pain syndrome.

On certain occasions, CRPS develops without any injury. It may be caused by an infection, a blood vessel problem, or an entrapment of the nerves.

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Drug Trafficking

Posted by on Sep 15, 2016 in Criminal Defense | 0 comments

Every year, the U.S. Drug Enforcement Agency (DEA) makes 30,000 arrests due to drug-related crimes. Despite these arrests and the untiring surveillance and operation of law enforcement agencies to catch criminals and rid the streets of drugs, trafficking, distribution, possession and use of illegal drugs (including marijuana, cocaine, heroin, and 3, 4-methylenedioxymethamphetamine (MDMA), which is otherwise known as Ecstasy) are still significant problems in the country.

Thousands of individuals suffer years of jail term due to the very wrong notion that smuggling drugs into the U.S. is too easy money to pass up. Obviously, they would rather risk being caught and face heavy penalties, than turn down the chance of earning big amounts of cash.

Drug-related activities, especially drug trafficking, are serious federal crimes with harsh mandatory sentences. A drug trafficker can face years of jail sentence; fine amounting to thousands of dollars; loss of right to vote until the completion of the entire felony sentence; loss of the right to carry a gun; and, loss of certain academic and professional opportunities.

For drug selling, offenders can face much three to nine years imprisonment (even longer for those found guilty of selling drugs to minors). For possession of drugs, on the other hand, many states carry a mandatory minimum sentence of 30 to 40 months imprisonment, besides the steep fines (other states also include many hours of community service, which will serve as additional penance for the crime).

Illegal drugs use is linked to many causes of death, homicide, sexual crimes, violence, suicide, HIV infection, hepatitis, pneumonia, mental illness and motor-vehicle injuries. It is because of these, which put the lives of so many innocent lives danger, that law enforcement officers and the DEA fight the crime with more intensity. Thus, rather than just charging an individual with possession, law enforcers also look for signs, such as small plastic bags, scales and large amounts of cash, which are all possible signs of intent to sell.

The penalties awaiting a person convicted of a drug crime should never be taken lightly; more so, however, are the effects of a conviction as these can ruin a person’s future even years after his/her conviction and despite having completed the terms of his/her sentence. Because whether he/she likes it or not, his/her crime and conviction will be on record accessible, especially, to potential employers.

Drug trafficking, according to a Nashville drug crimes lawyer, can be used to refer to the manufacture, delivery, possession with intent, and sale of all controlled substances; it may also be prosecuted as anything from Class E to Class A felonies at the state level. A person charged with a crime related to illegal drugs will definitely need to do everything to protect himself/herself from the consequences of a conviction. A highly-competent drug crimes defense lawyer, may just be the right person who can provide him/her the strong defense necessary to prove his/her innocence, or lighten his/her sentence in case of a conviction.

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