Why is hazing so hard to eliminate from fraternities and sororities?

Hazing has been a long-accepted practice, particularly within college fraternities and sororities. It involves activities that are secretive in nature, making it very difficult for researchers to fully uncover the social or psychological mechanisms that perpetuate hazing. Hazing continues to cost lives and cause serious injuries on campuses and training camps. However, it remains deeply embedded in our social contexts, and is therefore hard to eliminate.

What factors affect the timing of a personal injury settlement?

Factors that affect the timing of a personal injury settlement include:

·         The nature of the case

·         The complexity of the case

·         The jurisdiction of the case

·         Medical evaluation

·         The insurance company that handles the case

·         Liability

·         The personal injury lawyer

Factors Affecting the Timing of a Personal Injury Settlement

If you have suffered injuries in an accident because of someone else’s negligence, you have the right to file a personal injury claim. Your claim can be resolved by negotiating a settlement with the defendant’s insurance company or filing a civil lawsuit. The amount of time it takes to reach a settlement varies from case to case. Some cases are resolved within a short period of time, while others may take years to settle. Factors that affect the timing of a personal injury settlement include:

The nature of the case

Vehicle accident cases are resolved faster than others. Cases with complex factual or legal issues, especially those relating to medical malpractice or premises liability, may take a longer time to settle.

The complexity of the case

When important aspects of a case are in question, such as issues of liability and damages, it may require more time to process.

The jurisdiction of the case

Some jurisdictions may take longer to resolve the cases than others. Lawsuits may take longer in a busier jurisdiction that has a long list of cases for trial, than in a jurisdiction with fewer cases.

Medical evaluation Medical evaluation plays an important role in determining when a personal injury case will be settled. Usually, the personal injury attorney waits for all of the medical expenses and other damage reports to come in before settling the case. This may take longer in more complicated cases, such as when the extent of the injury is not known.

The insurance company that handles the case

The timing of a personal injury case also depends on the insurance company that handles the claim. Some have policies in place to resolve claims within a certain time period, while others take a long time to evaluate and resolve them.

Liability

When there is no dispute over liability, a case is settled quicker. If there is a dispute, a case may proceed to court in order to determine which party was at fault.

The personal injury lawyer

Different personal injury lawyers take different amounts of time to handle cases. Some delegate tasks to multiple people, while others handle the investigations, pleadings, and negotiations on their own. Some attorneys take more time to settle a case because they handle many cases at the same time. An experienced lawyer can handle a case more effectively and quickly.

Personal Injury Claims

I have been injured in an accident caused by someone else’s negligence. I am going to file a personal injury lawsuit against the party responsible. I would like to have a fair idea of the amount of time it takes to reach a settlement. After three months, I will be travelling abroad and will reside there for about 2 years. I want to make sure that the settlement is reached before I leave.

Several factors may affect the timing of a personal injury settlement, such as:

•                    The nature of the case

•                    The complexity of the case

•                    The jurisdiction of the case

•                    Medical evaluation

•                    The insurance company that handles the case

•                    Liability

•                    The personal injury lawyer

Who can be held liable for construction accidents?

The following parties may be held liable for accidents at construction sites:

·         Property owners

·         General and sub-contractors

·         Architects and engineers

·         Manufacturers of construction machinery or equipment

Liability for Construction Accidents

Determining liability in construction accidents can become complicated because of the large number of persons involved in a construction project. The number of possibly liable parties depends on how large the project is. Below is a description of the possible liable parties in a construction accident.

General contractors and subcontractors

These people have a legal obligation to ensure that construction sites are safe for workers. It is their duty to warn workers of possible construction site hazards and hazards in the work they are performing. Workers safety is their prime responsibility. When accidents happen because of their failure to perform their duty, they may be held liable for the accidents.

Property owners

It is the duty of property owners to keep and maintain their property in a reasonably safe condition. When someone is injured on their property, they will be liable if they knew, or should have known, of the hazardous condition in question.

Architects and engineers

Architects and engineers can be held liable for construction accidents if they fail to meet safety standards in their designs. They have the responsibility of avoiding construction accidents by ensuring that their plans are not defective. It is their duty to ensure compliance with code regulations and ensure site inspections from time to time.

Manufacturers of construction machinery or equipment

Such people can be held liable if accidents are caused due to defective or faulty design and manufacture of certain machinery or equipment. The product liability law states that manufacturers of construction machinery or equipment have a duty to design products that are reasonably safe for use.

Construction Accident

My brother works with heavy machinery at a construction site. He was severely injured due to the malfunctioning of a machine. We are planning to file a lawsuit. Who can be sued for the accident?

When construction accidents occur, determining liability can become complicated because of the large number of persons involved in a construction project. The number of possibly liable parties depends on how large the project is. The following are the parties who may be held liable:

·         Property owners

·         General and sub-contractors

·         Architects and engineers

·         Manufacturers of construction machinery or equipment

What are the different types of documents your attorney will require after you have met with a motor vehicle accident?

The following is a list of documents that you may need to show your attorney:

·         Your insurance policy

·         Evidence of premium payments paid by you

·         Information exchanged at the accident scene

·         A copy of the police report

·         Photographs

·         Copy of statement given by you to the insurance company representative

Documents to Show your Attorney after a Motor Vehicle Accident

If you have been injured in a car accident, you may be thinking about hiring an attorney, or may have already retained one. In either case, there are certain documents your attorney will want to see to develop a full understanding of your case and your chance for a recovery.

The following is a list of documents that you may need to show your attorney:

Your insurance policy: If you have an automobile insurance policy, your attorney may want to see it in order to review what type of an insurance recovery you may be entitled to.

Evidence of premium payments: Your attorney will need proof that your automobile insurance policy premiums have been paid. If you have paid your premium, you should have received periodic statements from your insurance company to that effect. Being able to provide your attorney with evidence of your payment will help prove that the policy is "paid up."

Information exchanged at the accident scene: Normally, names and telephone numbers are exchanged between the parties involved in an accident. If you have this information, even if you have already contacted the other parties, make sure to provide it to your attorney.

A copy of the police report: In any accident, the police are called. The police are required to draft an accident report, which often includes a diagram of where the various cars or pedestrians were at the time of the accident. The report will also include the on-scene officer's initial impressions of the cause of the accident. This information is crucial in allowing your attorney to develop a total understanding of your case. Provide your attorney with a copy of the accident report or anything else drafted by the police.

Photographs: If you have pictures of the damaged car and pictures of the accident scene, provide them to your attorney. If you do not have pictures, but believe that the insurance company may have some, let your attorney know about it.

Statements: If you were contacted by your insurance company to obtain a statement from you about the accident, you have a right to have a copy of any statement you gave. If you have a copy, give it to your attorney. If you don't have a copy, let your attorney know that you gave a statement so that he/she can obtain a copy from the representative.

Documents to Show after a Motor Vehicle Accident

I was injured in a motor vehicle accident. I am now going to hire a lawyer to help me file a claim against the responsible party. What are the different types of documents that my lawyer will require?

The following is a list of documents that you may need to show your attorney:

·         Your insurance policy

·         Evidence of premium payments paid by you

·         Information exchanged at the accident scene

·         A copy of the police report

·         Photographs

·         Copy of statement given by you to the insurance company representative

On what legal basis can I file a spinal cord injury lawsuit?

A spinal cord injury lawsuit may be filed on the following two legal grounds:

Spinal cord injury caused by negligence: If your spinal cord injury was caused due to negligence, you will need to prove that:

•                    The defendant had a duty of care.

•                    The defendant’s negligence caused your injuries.

Spinal cord injury caused by a defective product: If a defective or dangerous product caused you injuries, you may be entitled to compensation from the company that designed, manufactured, and sold that defective product.

A spinal cord injury can be devastating on the victim and the family members because of the lifetime medical costs associated with the injury. If you have suffered a spinal cord injury, you may file a lawsuit and get compensation for your injuries and losses.

A spinal cord injury lawsuit may be filed on the following two legal grounds:

Spinal cord injury caused by negligence: If your spinal cord injury was caused due to negligence, you will need to prove that:

·         The defendant had a duty of care.

·         The defendant’s negligence caused your injuries.

Spinal cord injury caused by a defective product: If a defective or dangerous product caused you injuries, you may be entitled to compensation from the company that designed, manufactured, and sold that defective product.

Common defenses in a spinal cord injury case

Contributory and comparative negligence: In a spinal cord injury case, it is common for a defendant to argue that the injured person's own carelessness contributed to the accident. This defense is based on two legal theories - "contributory negligence" and "comparative negligence".

Contributory negligence implies that the victim’s carelessness contributed to the injury.

In the case of comparative negligence, the victim and the defendant’s carelessness are weighed.

Assumption of the risk: If the injury occurred as a result of being involved in a dangerous activity, the defendant will raise the "assumption of the risk" defense. The defendant may argue that the victim chose to take part in an activity that was likely to cause injuries, so he/she should not be entitled to compensation.

Spinal Cord Injury Lawsuit

I have suffered a spinal cord injury at a construction site accident. I am currently undergoing treatment at a hospital. My doctor has said that I won’t be able to return to work for at least 2 years. I am going to file a lawsuit. On what legal basis should I file my spinal cord injury lawsuit?

A spinal cord injury lawsuit may be filed on the following two legal grounds:

Spinal cord injury caused by negligence: If your spinal cord injury was caused due to negligence, you will need to prove that:

·         The defendant had a duty of care.

·         The defendant’s negligence caused your injuries.

Spinal cord injury caused by a defective product: If a defective or dangerous product caused your injuries, you may be entitled to compensation from the company that designed, manufactured, and sold that defective product.

How can one file a successful personal injury claim resulting from a scaffolding accident?

In order to file a successful personal injury case based on a fall from a scaffold, a victim must prove the following:

The defendant had a duty to provide for the safety of the worker

Any party that supplies, maintains, or moves the scaffolding has a duty to ensure the safety of workers. Any party that possesses the power to make decisions at a construction site also has a duty to ensure the safety of its employees. Negligence in performing these duties may make these parties liable.

The defendant breached that duty

If an OSHA regulation is violated, or if there are any other violations of safety standards that have been accepted in the industry or recommended by experts, this too may be considered a breach of the standard of care.

The breach caused harm to the worker

If a worker suffers injuries because of breach of that duty, the defendant may be held liable for the injuries.

How to File a Successful Personal Injury Claim Resulting from a Scaffold Accident

Scaffolding work poses a very high risk of injury. An accident can lead to catastrophic and life-altering injuries. An injured victim may file a personal injury claim to recover compensation for the injuries. However, in order to file a successful personal injury claim, a victim must prove the following:

The defendant had a duty to provide for the safety of the worker

Any party that supplies, maintains, or moves the scaffolding has a duty to ensure the safety of workers. Any party that possesses the power to make decisions at a construction site also has a duty to ensure safety of its employees. Negligence in performing these duties may make these parties liable in the event of an accident.

The defendant breached that duty

Violation of safety standards is considered a breach of duty. If an OSHA regulation is violated, or if there are any other violations of safety standards that have been accepted in the industry or recommended by experts, this too may be considered a breach of the standard of care.

The breach caused harm to the worker

If a worker suffers injuries because of breach of that duty, the defendant may be held liable for the injuries.

Types of damages recoverable in a scaffold accident case

Here is a list of damages recoverable after a scaffold accident:

·         Compensatory damages

·         Lost wages

·         Loss of future earning capacity

·         Medical expenses

·         Costs of living with a disability or injury

·         Non-monetary damages

·         Physical and mental pain and suffering

·         Loss of ability to enjoy life

Filing a Successful Personal Injury Claim Resulting from a Scaffold Accident

My brother was injured when he fell down from scaffolding that malfunctioned.  He has suffered a spinal cord injury and is currently undergoing medical treatment. We are going to file a personal injury claim for his scaffolding accident. How can we ensure that our claim is successful?

In order to file a successful personal injury claim resulting from a scaffolding accident, you must prove the following:

The defendant had a duty to provide safety

Any party that supplies, maintains, or moves the scaffolding has a duty to ensure the safety of workers. Any party that possesses the power to make decisions at a construction site also has a duty to ensure the safety of its employees. Negligence in performing these duties may make these parties liable.

The defendant breached that duty

If an OSHA regulation is violated, or if there are any other violation of safety standards that have been accepted in the industry or recommended by experts, this too may be considered a breach of the standard of care.

The breach caused harm to the worker

If you have suffered injuries because of breach of that duty, the defendant may be held liable for the injuries. 

I was injured by a hit and run driver who can’t be traced. How will I recover compensation?

In most cases, the negligent driver is liable for any injuries and damages. However, if the hit and run driver cannot be found, your own car insurance policy may be the only source of compensation. Your compensation claim can be covered through the following coverage:

Uninsured motorist coverage: This coverage covers you when you are injured by an insured driver. In the event of a hit and run accident, it can be the primary source of coverage. If you file a claim under this coverage, the insurance company will handle it just as a normal liability claim.

Personal injury protection coverage: This coverage pays for medical expenses, as well as lost wages or funeral expenses, regardless of who was at fault in the car accident.

Collision coverage: This coverage allows you to make a claim for vehicle repairs, regardless of who was at fault for the accident. Hit and run victims can also file a claim for vehicle damages against their own policy under collision coverage.

How to Recover Compensation in a Hit and Run Accident

A hit and run accident occurs when someone causes or contributes to an accident and flees the scene without stopping by. If you have been injured in a hit and run accident, you may be wondering who will pay for the damages. In most cases, the negligent driver is liable for any injuries and damages. However, if the hit and run driver cannot be found, your own car insurance policy may be the only source of compensation. You can recover compensation through the following coverage:

Uninsured motorist coverage

This covers you for injuries you received from a hit and run accident in which the driver involved is uninsured or cannot be found following the accident. The insurance company considers this coverage just as a normal liability claim. You will, therefore, need to prove the following:

·         The other party’s liability

·         The extent of your contribution to the accident

·         The extent of your injuries

·         Damages

Personal Injury Protection (PIP) coverage

This coverage is typically available in no-fault states. This coverage covers medical expenses, as well as lost wages or funeral expenses, regardless of who was at fault in the car accident. This coverage does not cover pain and suffering damages or vehicle damages.

Collision coverage

This coverage allows you to make a claim for vehicle repairs, regardless of who was at fault for the accident. A hit and run accident victim can also file a claim for vehicle damage against his/ her own policy under collision coverage.

Compensation in a Hit and Run Accident

Two days back, as I was driving back home after a friend’s wedding, my car was hit by a reckless driver who was driving at very high speed. I suffered a head injury, a broken arm and several cuts. The impact of the force was so strong that it left me unconscious, so that I was unable to note down the car’s number. As a result, it has not been possible to trace the hit and run driver. I now have to file a claim for my injuries. However, I don’t know who will pay for my injuries and damages. Please advice.

In most cases, the negligent driver is liable for any injuries and damages. However, if the hit and run driver cannot be found, your own car insurance policy may be the only source of compensation. Your compensation claim can be covered through the following coverage:

Uninsured motorist coverage: This covers you for injuries you received from a hit and run accident in which the driver involved is uninsured or cannot be found following the accident. If you file a claim under this coverage, the insurance company will handle it just as a normal liability claim.

Personal injury protection coverage: This coverage pays for medical expenses, as well as lost wages or funeral expenses, regardless of who was at fault in the car accident.

Collision coverage: This coverage allows you to make a claim for vehicle repairs, regardless of who was at fault for the accident. Hit and run victims can also file a claim for vehicle damages against their own policy under collision coverage.

When can a municipality be held liable for slipping on ice or snow on a sidewalk?

A municipality is generally responsible for clearing away ice or snow on a sidewalk in front of a public building or a commercial area. It is not responsible for clearing away ice and snow on a sidewalk in front of a private residence or private property. If you slip on ice or snow on a public sidewalk in a residential area, the municipality cannot be held liable. However, if you slip on ice or snow on a sidewalk in a commercial area, you can hold the municipality liable.

The condition of ice and snow can change within minutes - ice can melt, or it can be cleared away. Hence, it is important that you take pictures of the accident scene, your clothes, and any bruises that you might have received. It can be difficult to win the case without pictures of the ice and snow as it was at the time of the injury.

Municipality’s Liability in a Slip and Fall Accident Case

If you have been injured in a sidewalk slip and fall accident, you may hold the municipality responsible, since a municipality is responsible to maintain a sidewalk. However, to hold a municipality liable, you must prove that the negligence of the municipality caused you injuries.

When is a municipality liable for a sidewalk fall injury?

Just because someone fell on the sidewalk does not necessarily mean that the municipality was negligent. Also, just because there may have been a slippery or other unsafe condition on the sidewalk does not mean that the municipality was negligent. To prove that the municipality was negligent, one must prove that the municipality knew or should have reasonably known of the unsafe condition.

Liability for slipping on ice or snow on a sidewalk

A municipality is generally responsible for clearing away ice or snow on a sidewalk in front of a public building or a commercial area. It is not responsible for clearing away ice and snow on a sidewalk in front of a private residence or private property. If you slip on ice or snow on a public sidewalk in a residential area, the municipality cannot be held liable. However, if you slip on ice or snow on a sidewalk in a commercial area, you can hold the municipality liable.

Liability for tripping on a broken sidewalk

If you fall into a hole or trip over a broken piece of public sidewalk, you can make a claim against the municipality, depending on the size of the hole or the break in the sidewalk.

The condition of ice and snow or the broken sidewalk can change within minutes - ice can melt, or it can be cleared away and the broken sidewalk can be fixed. Hence, it is important that you take pictures of the accident scene, your clothes, and any bruises that you might have received. It can be difficult to win the case without pictures of the ice and snow or a broken sidewalk as it was at the time of the injury.

Slip and Fall Accident

As I walking by the sidewalk, I slipped and fell and suffered a spinal cord injury. I know that municipalities are responsible for clearing away ice or snow on a public sidewalk. How do I hold the municipality responsible? What should I prove?

To hold a municipality liable for a sidewalk fall injury, you must prove that the accident was caused by the municipality’s negligence. A municipality is generally responsible for clearing away ice or snow on a sidewalk in front of a public building or area. If you have slipped on ice or snow on a public sidewalk in a residential area, you cannot hold a municipality responsible for the accident. However, if you have slipped on a sidewalk in a commercial area, you can hold the municipality liable.

The condition of ice and snow can change within minutes - ice can melt, or it can be cleared away. Hence, it is important that you take pictures of the accident scene, your clothes, and any bruises that you might have received. It can be difficult to win the case without pictures of the ice and snow as it was at the time of the injury.

What kind of defective construction site equipment may result in an injury-causing accident?

Defective Construction site equipment that could potentially result in an injury-causing accident includes:

·         Scaffolding

·         Specialized protective clothing

·         Welding equipment

·         Power tools

·         Heavy machinery

·         Safety harnesses

·         Helmets

·         Electrical equipment

·         Saw and cutting blades and many others