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June 2014 Archives

Types of Sentences

This article takes a look at the types of sentences being imposed in courts today:

Hiring a Criminal Defense Lawyer

Posted By Kyle Law Firm || 26-Jun-2014

If you have been charged or arrested for a crime, then it is best to seek the help of acriminal defense lawyer. He or she can explain your rights at all stages of the criminal process, and also draw the difference between your case being dismissed, or you being in jail.

Defenses to a Criminal Case

Many defendants who find themselves in a criminal trial may admit that they committed the act, but for some reason, they should not be held responsible for doing such. Here are some of the possibilities in which this defense could work:

'Reasonable Suspicion' and DUI

Police officers have the right to stop motorists if there is reasonable suspicion that the law is being violated. Such officer would have to shortly investigate the driver in question, and if there is still suspicion lingering afterwards, then the driver may be subject to a breathalyzer test or a field sobriety test.

Defenses to Theft

Theft is a general term that applies to several different crimes in which a person's property is taken without his or her permission. As such, there are two elements that make up theft:

Battery and Assault Defenses

Depending on the circumstances, there is a wide variety of defense strategies for assault and battery cases. First, let us define these two types of charges:

In-flight Injuries: Aviation Accidents

Traveling by air is known to be relatively safer compared to traveling by land. However, in-flight injuries do occur as well. It could be a minor one - such as twisting one's ankle when walking towards the bathroom, or severe ones such as head and neck injuries during violent turbulence. If you have been injured during the flight, then it is imperative that you know your rights as an injured victim. There may be instances when the airline company or its employees are responsible for the injuries, and so a legal course of action may need to be taken to determine the liability, the damages and the corresponding compensation you are due.

Wrongful Deaths Involving Children and the Elderly

To set a price on the life of a person is never an easy nor pleasant task, but this is what juries and courts are sometimes pressed to do inwrongful death lawsuits. The primary measure of damages in these kinds of cases is through financial or pecuniary loss (as a result of loss of livelihood or income for the surviving family members). Hence, it poses even more of a challenge when the decedent is a child or an elderly person.

Damages Involved in a Wrongful Death Case

Financial or pecuniary injury is the primary means of gauging the damages in a wrongful death suit. According to courts, financial or pecuniary injuries involve the loss of services, support, the loss of the prospect of receiving inheritance, as well as medical and funeral expenses for the decedent. Federal and state laws provide that the surviving victims be given fair and just compensation for the pecuniary loss endured because of the decedent's death. Should there be distributes who also helped shoulder expenses, then they can also recover for those. Lastly, the compensation awarded to the surviving family members will include interest starting from the date of death.

Cerebral and Erbs Palsy: Birth-related Injuries

Some of the common cases of birth-related injuries come from two distinct conditions - Cerebral Palsy and Erbs or Brachial Palsy. Both of these conditions happen due to complications that arise during the delivery of the child; however there are also instances when cerebral palsy occurs before or after child delivery.

What OSHA says about Heat Stress

Employees who are exposed to extended periods of heat, such as those who work in the construction and agriculture industry, may subject themselves to heat stress or illness, and other injuries related to it. The usual examples are heat stroke, heat cramps, heat exhaustion and heat rashes. Several companies have installed interventions such as adequate ventilation and shade to prevent this from happening, but some choose to 'save' money and leave their employees at the mercy of the scorching heat. However, this not only poses a risk against the company's productivity, as more sick workers mean less work being done - but also a risk against the company's reputation. If you or a loved one has suffered from heat stress as your employer failed to provide a way to prevent this from happening, contact The Kyle Law Firm so we can discuss your case.

Essential Questions for Parents before Sending their Children to Summer Camp

Undeniably, kids love going to summer camp - be it a day trip or an overnight one, they are excited over the activities and the chance to meet new friends. It gives children a feeling of independence and adventure, but sometimes leaves parents worrying for their health and safety. Therefore, to feel more confident and at peace while your child is away, here are some questions you can ask beforehand:

A Construction Employee's Right to a Safe Workplace: OSHA

In 1970, a regulation was enacted by the Department of Labor to safeguard the rights of construction workers and their safety while in the workplace. This is the Occupational Safety and Health Act, which aims to reduce hazards in the workplace while implementing safety and health programs for all employees involved. This law gives rise to several rights and responsibilities that employees have, which include:

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