Business Litigation: The Legal Solution for Failed Negotiations or Arbitration Procedures

Posted by on Feb 11, 2017 in Business Litigation

Business litigation is a legal process wherein litigants or the parties involved (in the lawsuit) try to settle their legal problems that have affected their commercial or business relationship. This legal dispute is resorted to when negotiation or arbitration between business firms and individuals, government entities or other businesses fail.

Business litigation is most often used to resolve any of the following issues:

  • Breach of Fiduciary Duty. Fiduciary duty refers to the highest standard of care. A fiduciary, or a person to whom another person’s money or assets are entrusted can be a manager of a pension plan or a group of persons, such as people who make up a corporate trust or trust department of a firm. A fiduciary holds an ethical or legal relationship of trust with another party; he/she is also expected, at all times, to act in ways that will promote the interests of those whose trust he/she has.
  • Insurance disputes. This is due to deceptive tactics employed by insurance firms to save themselves from paying legitimate claims. By using deceptive or confusing wordings in insurance contracts, insurance providers use this to undervalue a fair claim or deny, altogether, a legitimate claim made, especially, by small businesses.

Finances and Investments. Finances and financial investments are a major concern to investors; Thus, investment brokers, who cause their clients financial losses by failing to promote the latters’ interests can be suspected of being unethical or neglectful in their duty. This can be ground for clients to bring business litigation against brokers. In like manner, brokers may also end up facing business litigation if they fail to fully disclose investment information to their clients (this may be considered as deception or investor fraud).

The outcome of a commercial litigation can have a significant effect on your business; thus, it requires a steady guiding hand in order to be conducted successfully. The assistance of a qualified legal counsel in this matter can be essential.

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Causes of Bed Sores In Nursing Home Residents

Posted by on Dec 12, 2016 in Uncategorized

Nursing home residents with limited mobility are at greater risk of getting bed sores. Their difficulty of movement will make it difficult for them to shift in their beds to prevent bed sores. Chicago nursing home lawyers will tell you that while they are avoidable, bed sores can also be extremely dangerous. In nursing homes, bed sore is an indication of neglect on the part of the staff.

There are many possible causes of bed sores in nursing home patients. The main cause of bed sores is patient immobility, which is quite common among elderly patients in nursing homes. Bed sores develop as a result or prolonged pressure on a certain part of the body. The possible causes of bed sores include the following:

Nonstop Pressure. If the senior citizen stays in the same position for a long time, whether in bed or wheelchair, the friction between the skin and the surface may cause the flow of blood to stop. As a result, the affected area may receive less oxygen causing dead cells in that area.

Shear Incidents. When one surface is moving but the other is not, a shear develops. This commonly happens among patients who are consistently lying down in bed. Sinking may occur in a hospital bed when the top portion of the body is raised while the rest is down. This results to the stretching of the skin resulting to injury to the tissue.

Friction Damage. Bedsores is also the result of friction between the aging skin and another surface. When the senior citizen needs to be moved from the bed to a chair, friction happens resulting to damage in the skin and causing pressure sores.

Bedsores indicates prolonged period of sedentary activity on the part of the elderly without shifting of pressure upon irritated body tissues. They can be prevented if the nursing home staff will practice proper repositioning techniques. The staff should also be trained and instructed to move the elderly around, ensure that their beddings and clothes are dry.

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The Health Benefits of Bentonite Clay

Posted by on Oct 29, 2016 in Bentonite Clay

Bentonite clay is a type of medicinal clay that has long been used by many cultures all over the world for its wide variety of health benefits. Thanks to its unique characteristics, bentonite clay is particularly effective in detoxification and ensuring that the body is free of any harmful substances.

Made from aged volcanic ash, bentonite clay works after water activates a negative electromagnetic charge that interacts with the positive ions of toxins, pathogens, pesticides, and harmful bacteria in the body. This interaction cleanses the digestive track, helping the body flush out toxins. When bentonite clay is mixed with water and taken as a drink, it can prove to be a helpful remedy to various digestive concerns. Many people take it to help with diarrhea, bloating, and irritable bowel syndrome. Additionally, taking bentonite clay can also improve liver and colon health.

Bentonite clay is equally effective when used externally. When applied to the skin as a salve, the clay can be used to disinfect wounds, treat sun burns, and help relieve itchiness caused by rashes and insect bites. Some people also like to use bentonite clay as a face mask. Thanks to its detoxifying characteristics, bentonite clay can help exfoliate the skin and unclog pores from the acne-causing build up of dirt, oil, and dead skin cells. Similarly, the clay can also be used to lighten the appearance of scars and even out patchy skin tone.

Best of all, bentonite clay is known to be rich in many natural minerals essential to a fit and healthy body. It has significant traces of sodium, potassium, calcium, protein, and zinc. It can work as an alternative to vitamins and dietary supplements to keep one’s immune system in top shape.

To take advantage of bentonite clay’s many health benefits, you’ll need to prepare your own mixture by following specific instructions. These steps are usually provided by the manufacturer of the high-quality clay you’ve purchased. For clay that’s to be ingested, Earth’s Natural Clay suggests making use 1 part bentonite powder for every 8 parts of water. Meanwhile, preparing clay for external use requires making use of 1 part powder to 3 parts water.

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How To Find And Repair Swimming Pool Leaks

Posted by on Sep 13, 2016 in Swimming Pool Leaks

Having a swimming pool in your home can be an advantage if you want to take a dip and refresh yourself from a hectic day. But it would not be as enjoyable if the pool has a leak that causes it to lose water quicker than it should. There are some factors that may contribute to such problem. According to the website of American Leak Detection of Fort Worth, region and climate can be one factor.

In finding out if you have a leaking swimming pool, you can fill a bucket with pool water and place it on the steps of your swimming pool. Make sure that your bucket is above water level. This will ensure that there is uniform temperature for the bucket and the pool. For pools with no steps, just balance the ladder on top of the thread. Mar the water level on both inside and outside. Check the mark after every 24 hours, If there is a huge drop in the outside line of the bucket, it means that there is indeed a swimming pool.

Leaks in your swimming pool can be located anywhere. It can be in the filter or plumbing system or in the structure. There are certain tests that you can use to locate the source of the leak. Once you have discovered where it is, it will now be easier to fix the leak with a patching material. Most of them are effective in repairing leaks even underwater. After covering the leak, use food coloring to make sure that the leak was plugged. A dye test solution is one way of sealing a suspected leak.

Learning do-it-yourself swimming pool leak repair can save you lots of money. You no longer have to pay for a plumber who will do the job for you.

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Elements of A Valid Wrongful Death Claim

Posted by on May 17, 2016 in Personal Injury

Nothing is more traumatic than a person getting killed due to the negligence of another person. It becomes even more painful if the individual who got killed is the bread winner of the family. While no amount of money can bring back the life of the dead person, the relatives of the deceased can still do something to make the defendant responsible for their negligent act by filing a wrongful death claim. According to the website of Williams Kherkher, filing a lawsuit is one way the relatives of the deceased cope with the loss of their loved ones.

However, before they can claim for damages, the plaintiff, with the help of their legal counsel, must prove that there was negligence on the part of the defendant. There are various elements that need to be proven in order for the defendant to be proven guilty so that the plaintiff can collect the damages and get the justice they long for:

  1. Duty of Care – The plaintiff must prove in court that the defendant owed a duty of care to the deceased person. For example, in a car accident, the plaintiff must prove that the defendant could have simply obey traffic rules or practiced safe driving.
  2. Breach of Duty of Care – In a wrongful death claim, the plaintiff must show that the defendant breached the duty of care they owed to the defendant. In the same scenario, the relatives of the deceased must prove that the defendant failed to follow traffic rules and that negligence caused the death of the deceased.
  3. Causation – Breaking the law will not suffice in a wrongful death claim. It needs to be proven that the action of the defendant directly led to the death. For example, if it was shown that the death was due to something else such as a mechanical failure, then there is no breach on the part of the defendant.
  4. Damages – Lastly, the plaintiff needs to prove that the death resulted to a wide range of damages such as hospitalization, loss of income and earnings, pain and suffering, funeral and burial expenses, and others.

The untimely death of a person is associated with pain and suffering and other factors. A wrongful death claim may not help bring back the life of the deceased but at least it can help the relatives cope up with the loss of their loved one.

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Negligence in Nursing Homes

Posted by on Nov 30, 2015 in Nursing Home Abuse

Seniors often need attention and just as much care as young children but are substantially more difficult to control because they’re usually set in their ways and determined to own it. In assisted living facilities, nonetheless, a great portion of the occupants are infirm, demanding help to move about. Some who are not physically unfit may be suffering from mental problems, which makes them equally incapable of caring for themselves. All these are the people who are in most demand of constant professional medical care, which is why they are put into rest homes. Regrettably, they do not consistently get it.

According to the website of Hankey Law Office, it’s reported that maltreatment happens in approximately one-third of nursing homes in America, and one form of maltreatment is nursing home negligence. It can be caused by simply negligence, mess, or staff shortage. No matter the cause, the nursing house staff treated regularly and normally neglects to keep residents clean and fed. In several cases, harms happen because there was no staff open to help a resident to move about or utilized methods that are wrong, and this often leads to bruises and damaged bones. Because most elderly residents have been in weak physical condition, their health can be further compromised by such occurrences.

An added complication is bed sores, also called stress ulcers, which are resulting from the failure to consistently shift the place of the resident, although these all can also occur for the bedfast. Bed sores can result in a lot of soreness plus more serious health problems, and in the end death if left untreated.

In case you suspect nursing home neglect of a friend or family member, you can record it to the correct authorities to begin a study. For the time being, you might also not be unable to get pain and enduring of your aged relative as well as repayment for the medical expenses.

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