Keeping an Eye on Stock Broker Misconduct

By on 9-26-2017 in Misconduct

Understanding all of the ins and outs of proper investing is a task that many people need not bother themselves with since they will never need to handle that much money or make decisions about where it should go. Even those that do have to use all of their time keeping their business running, so the task of moving money around is delegated to a specialized force of financial advisors called brokers. However, these advisors are subject to the same vices like everyone else, and there is a surprising lack of oversight to make sure they are not doing anything illegal.

According to this Reuters special report, the Financial Industry Regulatory Authority, or FIRNA, could be doing a lot more to prevent broker misconduct from occurring. FIRNA keeps data on brokerage firms and individual brokers that have had a history of misconduct, and individuals can look up firms on their website before they invest with them too if the firms have any dings on their record. If you suspect misconduct was occurring – like “churning,” where the firm makes many more trades than necessary (often against what the market would advise) and charges you exorbitant fees for doing so – then you can file a report with FIRNA, and they will investigate. If the firm is found to engaging in illegal activity, then the brokers responsible will be blacklisted and fired, but this does not guarantee that they will not be picked up by a smaller firm and put to work again. FIRNA claims that this detrimental hiring practice is not technically illegal, so there is not much they can do. However, because they do not have a proper database of brokers and firms, and only one search can be done at a time, it would take an investor an exorbitant amount of time to track what firms engage in hiring brokers they know to have bad records. Since FIRNA is not a government agency, they are under no obligation to provide such a database, and since they are funded by member firms, it is possible it would be against their best interest.

Considering how much damage can be done by brokers and firms that engage in misconduct, there should be a non-biased government agency that oversees them and ensures that all misconduct is severely punished and that other firms cannot hire brokers with bad records. Until one is created, broker misconduct lawyers can help fight against illegal activity. FIRNA can refer criminal cases to the SEC, but the lawyers will be needed to make sure justice is upheld.

A famous quote from the Great Gatsby claims that “the rich are different from you and me,” but in reality, they are humans like the rest of us and should have to follow the same rules. While a self-regulatory NGO is not inherently a bad thing since privately funded organizations free up government money for other pursuits, laws should be made that ensure these agencies are as transparent as possible.

How Does a Truck Accident Happen in the First Place?

By on 8-14-2017 in Truck Accidents

Everyone experiences the fear of driving alongside a large truck, worrying that you might be in their blind spot or that the truck-driver neglects to see your tiny vehicle on the road. Knowing the damage that trucks can cause on the road, many drivers fear these giant vehicles. If the unthinkable happens and you are injured in a truck accident, you can reach out to experienced lawyers to earn the deserved compensation. Truck and 18-wheeler accidents are often more involved than normal accidents because most truck drivers are backed by an entire corporation, meaning that the driver him or herself might not hold sole responsibility for the damages. In fact, many groups may find themselves involved in the injury, which could mean multiple sources of compensation for the injured individual.

In many cases involving a truck or 18-wheeler accident, the injured faces a huge team of lawyers associated with the truck-driving company. This makes the case immensely more difficult for the already suffering plaintiff. For a better chance of winning such a truck accident case, the plaintiff often requires the help of skilled and experienced truck accident attorneys. Without an attorney, the chance at compensation may be next to nothing.

Contrary to popular belief, passenger-vehicle drivers are often to blame for truck accidents because of many rules that must be followed by drivers to prevent truck collisions. Due to limited visibility of truck drivers, there are “no-zones” behind large trucks where other drivers should not drive. It is also not appropriate to drive between two large trucks, change lanes quickly while in front of a large truck, or commit unsafe passing procedures. There are also several reasons the truck driver could be at fault, however. Simply not following safe and proper driving procedures could make the driver liable. Large truck drivers might also feel too much stress from their company to rush their transportation, causing wrecks that could have been avoided with a more realistic time schedule. Many truck drivers are on a mission to drive certain distances within specific time periods and might find themselves neglecting proper driving etiquette and safety precautions. There are also many rules and regulations pertaining to the safe driving of semi-truck operators, such as regulations on the weight trucks are allowed to carry, length of driving time allowed per driver, and repair and maintenance requirements.

If infringements of these rules, regulations, or norms is to blame for the accident, the injured person may be liable to gain compensation for damages incurred by the accident. An example of such a case is the compensation of $1,850,000 by a semi’s insurance company to pay for the plaintiff’s damages that included multiple broken bones and surgeries after a head-on collision where the truck driver was at fault. Don’t suffer through the damages of a truck accident without fighting for the payment you deserve.

Dental Crowns

By on 7-05-2017 in Dental Care

Crown dentistry is an out-of-the mouth dental treatment. After the dentist makes a mold of your teeth, he will then make a crown after this replica. Dental hygiene, good oral health and tough material can make a crown last for 10 years or more; besides this, a crown can improve your set of teeth’s appearance, repair tooth damage and fit more comfortably than other treatment options.

A dental crown is a tooth-shaped cap that is placed over a tooth. It made from a tough substance, like porcelain. It keeps your tooth from further decay, damage, cracks and deterioration by capping it. It is usually performed following a root canal or other invasive treatment.

It is explained by the American Dental Association that a dental crown can help strengthen a tooth with a large filling when there isn’t enough tooth remaining to hold the filling. Crowns can also be used to attach bridges, protect a weak tooth from breaking or restore one that’s already broken. It may also be needed in order to:

  • Protect a weak tooth from breaking (usually due to decay) or to hold parts of a cracked tooth together;
  • Restore a broken tooth or a tooth that has been worn down;
  • Cover and support a tooth with a large filling;
  • Keep a dental bridge in place;
  • Cover severely discolored teeth or a dental implant; or,
  • Make a cosmetic modification.

Materials for permanent dental crowns include stainless steel, metal (such as alloys that have a high content of platinum or gold, or base-metal alloys, like cobalt- chromium and nickel-chromium), ceramic, resin, porcelain or a mixture of any of these materials. Porcelain crowns, though less durable, are typically the most natural-looking option.

According to the Passes Dental Care clinic, a dental treatment involving crowns takes about 2-3 visits over the course of 3-4 weeks. After the procedure is completed, it is required that you continue proper dental hygiene, daily brushing and daily flossing to help prevent bacteria, gum disease, and plaque to ensure that your crowns last a lifetime.

 

Insurance Companies have an Obligation to Act in Good Faith and Operate in the Best Interests of Their Policyholders

By on 5-26-2017 in Car Accidents

Carrying car liability insurance is just one of the ways drivers can show that they have the capability to compensate those who they may injure in accidents wherein they are at fault. In the states of New Hampshire and Virginia, drivers are allowed to choose any state-approved way of showing financial responsibility as an alternative to carrying auto insurance.

Carrying car liability insurance was first made compulsory in 1925, with Massachusetts and Connecticut as the first two states to impose it on drivers. Having auto insurance was made compulsory for three reasons:
First, because there were signs which said that cars will crash (probably due to mechanical defect or driver negligence);
Second, as cars crash, someone is more likely to get injured, besides properties getting damaged; and,
Third, which is also the most important reason, to enable at-fault drivers cover cost of damages to victims and never default on making compensatory payments.

Now called the Financial Responsibility law, this mandate is directed to anyone who wants to have driving privileges in the U.S.

Payment of compensation depends on the type of liability system recognized in the state where the accident occurred. In “tort” or “fault” states the victim is compensated by the at-fault driver’s insurance provider; in “no-fault” states, however, both drivers are compensated by their own insurance providers regardless of who was at fault in the accident.

It is but natural for a driver, who diligently pays his/her insurance premiums to expect financial protection from his/her insurance provider in the event of a car accident. According to an Ontario car accident lawyer, however, “most insurance companies operate like businesses, whose only concern is their profit. They will provide sub-par coverage, underpay your settlement, or unjustifiably deny a claim to protect their bottom line. These bad-faith insurance practices are infuriating, not to mention unethical, and deceive policyholders into false promises of coverage. When insurance companies abandon you at the moment you need them most, you are left to pay expensive out-of-pocket prices that cause substantial financial burden.

Insurance companies have an obligation to act in good faith and operate in the best interests of their policyholders. To help ensure that you can collect the total amount of benefit stipulated in you policy, insurance claims lawyers may be able to provide just the type of legal assistance that you need to confront companies that employ underhanded tactics to avoid paying out a claim. After an unanticipated accident or natural disaster, you deserve to obtain the coverage that will help you recover, including damages from medical bills, property damage, and ongoing rehabilitation.”

Traumatic Brain Injury: Signs and Effects

By on 1-27-2017 in Personal Injury

Traumatic Brain Injury: Signs and Effects

A traumatic brain injury (TBI), also called an intracranial injury, is a very serious injury that affects the human brain, the body’s major control network for all functions and abilities. Anything that causes a forceful blow to the head can result to TBI and affect the brain’s functions which, in turn, would also affect the way the whole body works.

According to Individuals with Disabilities Education Act (IDEA), TBI can cause temporary or total functional disability, psychosocial impairment or both, as well as damages in one or more areas of the brain, resulting to impairment in one’s mental abilities, including cognition, reasoning, information processing, memory, problem-solving, judgment, abstract thinking and language. TBI also makes a person more vulnerable to serious illnesses, such as Alzheimer’s disease, Parkinson’s disease, epilepsy and other health problems that can affect his/her respiratory, circulatory and digestive systems.

Some brain injuries can be mild, causing only a momentary dysfunction of the brain cells and short term headaches; most cases, however, are severe, resulting to bleeding, bruising, torn tissues, amnesia, coma, and/or other brain injuries that can lead to permanent disability or death. In its records, the Centers for Disease Control and Prevention (CDC) shows about 1.4 million cases of TBIs in the U.S. every year, putting it in the list of major causes of disabilities and death in the country.

The most common causes of TBI include: vehicular accidents; blasts or explosions, especially in war zones; sports accidents; falls; assault; child abuse; or, any other accident that causes a violent blow, or a sudden jolt, to the stories of wrongful death in emergency roomshead.

The symptoms of TBI are often not immediately obvious, usually becoming manifest only days or weeks after the accident or act of violence. This is why it is very important to always observe victims for possible signs of TBI, like persistent neck pain or headaches, sudden slowness in thinking, reading, speaking or acting, sudden loss of sense of taste and smell, unexplained changes in sleep pattern, moodiness, and dizziness. If repeated convulsions, vomiting, slur in speech, and numbness or weakness in the arms, hands, legs and feet, follow an accident or a blow to the head, however, then it is necessary to take the victim to a hospital for general evaluation.

Though most of the causes of TBI occur accidentally, the accidents are, nevertheless, consequences of other people’s negligence. Now, personal injury, which is based on the assumption of negligence, falls within the scope of tort law wherein victims have the legal right to seek justice, one way is by seeking compensation for whatever damages the injury would result to. When pursuing legal action, however, it is rather recommended that the victim is represented by a highly knowledgeable and experienced personal.

As pointed out by the Mokaram Law Firm in its website, “Unlike other physical injuries, TBIs are particularly worrisome because of the lingering possibility of cognitive damage that may affect memory, motor skills, and core personality traits. Furthermore, symptoms of traumatic brain injury commonly have a delayed onset, meaning a brain injury victim may not feel the extent of their injuries until weeks later. This can lead to additional medical complications, such as a misdiagnosis or shirked emergency room visit. While these injuries can arise out of unlucky circumstances, negligence from another party is the cause of brain injury all too often. Brain injuries caused by negligence are common in automobile collisions, motorcycle accidents, and instances of a defective product. Pursuing legal action against the liable party, with help form a seasoned personal injury lawyer may help the victim seek the compensation he /she may legally deserve.

The Most Common Types of Car Defects

By on 11-03-2016 in Car Accidents

When people buy cars, they always have the assumption that the vehicle was tested safe and free from defects. When purchasing cars on any vehicle for that matter, people expect seat belts to keep them safe, airbags to deploy when there is an accident, and the chassis to remain intact during an accident. Unfortunately, the last few years has seen a rise in the number of vehicle recalls due to defective components.

When accidents happen as a result of defective car components, the driver and their passengers suffer most from the negligence of the manufacturer as well as the dealer of the car. When the built in safety features of the car fails in securing the driver and passengers, there is a risk of serious accidents which could lead to injuries and worse death. While most car accidents are attributed to human negligence and bad driving habits, this does not mean that all crashes resulted from a negligent driver.

According to research, the following are the most common car defects which contribute to serious accidents:

Defective Steering Wheel & Brakes. Defects in the steering wheel and brake can cause a driver to lose control of their vehicle which could lead to single or multi-car accidents.

Faulty Accelerators. Defects in the accelerator can cause the car to speed up. Applying the brakes or using the emergency brake will not work in these types of defects.

Defective Tires. This is the most common type of car manufacturing defects. Cracks or defects in the tires can lead to blowouts resulting to accidents and serious injuries.

Airbag Problems. Airbag defects fall into two types: airbags that do not deploy with no cause and airbags that fail to deploy

Defective Seatbelts. Seatbelts are designed to keep drivers safe. If they fail to function properly, the resulting injury could be serious.

Philadelphia car accident lawyers will tell you that you have the right to seek compensation for any injuries that you incurred from the accident.

Harmful Pharmaceutical Products: The Fault of Drug Manufacturers

By on 8-18-2016 in Medical Issues, Pharmaceuticals

Over-the-counter medicines give us the immediate relief that we need from minor pains or illnesses, like headache, toothache or cough and colds; however, for heart ailment, or diabetes or other types of serious health complaints, we rely on whatever drug a doctor will prescribe.

A drug that is perfectly safe and effective can definitely work wonders. However, time and again, it has been proven that safe and effective, at least in relation to over-the-counter and prescription drugs, sometimes never go together. There have been many times when a drug has been proven effective, but not safe. Some prescription drugs have even linked to adverse effects, patient death or abuse, which likewise results to death. Thus, what may be safe for one, may serve as poison (or a cause of another type of illness) to another.

Pharmaceutical companies have the duty to make sure that their products are safe and effective. Even before applying for approval from the U.S. Food and Drug Administration (FDA) to have their drug made available in the market, this drug will have to be tested. All test results on the drug’s safety, effectiveness and, especially negative effects, will have to be reported to the FDA. Reporting of negative results, though, is usually not made by drug companies who, by the way, sponsor the tests conducted on their own drugs.

There are cases, on the other hand, when doctors commit the mistake of prescribing certain drugs for off-label use, that is for use not approved by the FDA. At other times, it could be a patient’s immune system not being strong enough to fight possible drug side-effects, or a patient having a medical health condition, or a patient taking another medication that counteracts with this new drug he or she is now taking.

Pharmaceutical companies also have the obligation to include in their drug’s prescription label the risk/s associated with using their medicine. Companies which negligently fail in their duty to inform consumers about the risks associated with using their medical product can be sought after by those harmed through the use of their drug to seek compensation from them for all the damages (present and future) resulting from use of such medicine.

The law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., explains in their website that when physicians prescribe a medication, their intention is to help their patients find relief from the symptoms of an illness or condition. While a physician may be spared from being liable in case a patient suffers injuries through use of a particular drug, this will definitely not spare the pharmaceutical firm that manufactured the harmful medicine.

What to Do in Case of Elder Abuse

By on 4-28-2016 in Elder Issues

If you believe you or your senior family member is a victim of elder abuse, there are steps to take in order to file a complaint. In the state of Massachusetts, complaints are to be filed at the Division of Health Care Facility Licensure and Certification which is the agency tasked to regulate and investigate any allegation regarding neglect, mistreatment, abuse, and misappropriation. They are also the ones who review any allegations regarding to inadequate quality care and ensure that resident or patients’ rights are upheld.

Unfortunately, they are only able to examine any complaints and issues that were submitted the past year. Any complaint should be filed through the Consumer/Resident/Patient Complaint Form, or if a written complaint is not possible, then there is the consumer complaint hotline that is open 24 hours to provide assistance. Emails are not accepted in order to safeguard the privacy of the resident/patient. Crowe & Mulvey, LLP says on its website that when a nursing home abuse complaint has been filed, facilities should have their own process in responding to the matter. Although it is not necessarily important to file a complaint with the nursing facility directly, it is still encouraged so that the facility would have the chance to review the claim and facts presented against them and determine whether they or any of their staff has violated the state and federal regulations.

There are many things that will happen after the complaint has been submitted, among them being the gathering of information to determine any form of non-compliance or abuse that might have occurred, then there is the legal process called Disposition, and many others.

Construction Accidents

By on 11-28-2015 in Workplace Injury

There are lots of ways that an individual could be injured by means of a building accident, if they are a worker in the work site or somebody walking or only driving by. When an accident occurs, it’s not necessarily the fault of the casualty. In these situations, someone may end up as lack of action or a result of some other persons’ actions with severe health problems. However, determining a problem can be quite a hard endeavor, especially when you’re unfamiliar with all the laws that apply to situations, for example, these.

Responsible Parties that are possible

Typically there really are a few parties who are a passer by to be injured or more likely to be kept accountable for an injury that creates a hard hat. These parties that are more commonly found accountable contain:

  • Manufacturers
  • General manager
  • Home contractor
  • Construction owner

According to the site of Habush Habush & Rottier, a couple common principles can be followed to determine who you think is probably at fault for your own accident. It is the manufacturer or person accountable for maintaining the gear that probably might be held responsible when the injuries are brought on by malfunctioning equipment. However, if the accident is caused by an unsafe construction site or work environment, any consequent harms, as well as the expenses related to them, may possibly be regarded the fault of the landowner, building manager, or general contractor.

In addition to these celebrations, it’s not impossible that another individual could be at fault for the harm that you endured because of building accident. When a construction accident has caused you bodily injury, damage, and fiscal burdens that are emotional, you shouldn’t go by means of this difficult time alone.

After the Fact: What to Do in the Aftermath of a Car Accident

By on 8-21-2015 in Car Accidents

It’s not a thought that most people like to consider, but with the frequency by which car accidents occur, a crash can very possibly happen to anyone. Data from the United States Census Bureau showed that an average of 10.54 million car accidents occurred annually between 2005 and 2009. If you do find yourself among the many Americans that become involved in the minor collisions that mostly make up these figures, it’s best to know how to proceed in the aftermath of your accident. The following are a few key reminders for actions to take following a car accident.

Those who find themselves involved in a car crash will need to gather as much information about the scene. Taking note of the date and the exact time of the accident, as well as the condition of the weather during the crash can be helpful. Aside from the fact that these details are important to the report you’ll need to give to the responding officer, they can also be helpful for when you’re making insurance claims.

Gathering information about the other driver involved in the crash with you is also crucial. You’ll need to ask for their name, address, license number, and insurance details as soon as you’ve ascertain that no real damage or injury has occurred. Similarly, you should also offer up the same information to the other party. You should also try to learn more about the other individuals involved in the crash if there are any. In the same way, try to gather more information about the crash from anyone who has witnessed the crash take place.

When the police responds to the scene, give all the details that you can and don’t forget to ask for their name and badge number. This is important for any follow-up information you may want to share or if you will need to ask for a copy of the official police report for insurance purposes. When that’s done, do not forgo medical attention after a car accident. There is risk of injury even in a minor collision.

Finally, you can report your accident to your insurance company. According to Habush Habush & Rottier S.C.®, this is important for several reasons. For one, it will give the insurance company an opportunity to hear about the incident from your perspective. Secondly, reporting your accident promptly will also allow them to evaluate the damage more quickly and provide you with an estimate as soon as possible.