Retention and Fees

At the direction of our client, a Louisiana criminal lawyer Accident Cause Analysis will arrange for one of the following two retention methods:
1. We can work from a retainer amount and once that amount is depleted, work is stopped until a new retainer amount with further instructions is received. This practice assists our clients in keeping informed of case progress and the account; or
2. We can enter into a formal contract, either open-ended or for a maximum number of hours, with payment of our invoices in full within 30 days of receipt of same.
We are happy to set up either method at our client’s request.

The Accident Cause Analysis fee structure is based upon differentiation of the levels of service provided to the client. The rates are as follows:
Level 1
Level 2
Level 3
Level 4
Professional Consultant Services
Professional Support Services
Technical & Laboratory Support Services
Administrative Services $180.00 U.S. per hour
$135.00 U.S. per hour
$100.00 U.S. per hour
$ 50.00 U.S. per hour
Charges are levied according to the above for actual hours worked. Incurred expenses and disbursements are recovered at cost. A detailed invoice is forwarded to the client for each month in which significant work has been performed, including the hours worked and the related disbursements. Statements of account are issued indicating the outstanding balance of each account.

All Charges to clients located in Canada will be subject to the Goods and Services Tax.

Question as to whether pool alarms lower premises liability

A new law in Tennessee that requires pool owners there to install new alarms poses an interesting Melville personal injury question for those of us in Florida. The pool alarm is supposed to warn owners of the entrance of very young swimmers into the water. Though the idea behind the law is positive, homeowners and pool installers question whether the effort will prevent children from drowning.

The new mandatory law took effect in January and requires owners of new pools, hot tubs and non-portable spas to include alarms. The pool alarms activate when an object that is 15 pounds or heavier goes into the water. The price of the alarms are between $250 to $275. One pool seller and installer believed that the cost of the alarm would not be a deterrent to purchasers of new pools. The alarms were on the shelves of many swimming pool businesses before the new mandatory pool alarm law took effect but the alarms were not top sellers.

One pool shop owner questions how much of a difference the alarms will make. The pool shop owner believes that the alarms will give pool owners a false sense of security and does not support their use. Another swimming pool business owner says the alarm is positive in that it increases safety awareness but questions the effectiveness of the law because it has many exemptions. For example, one exemption is that blow-up pools are not subject to the mandatory requirement. The swimming pool business owner believes the law should be universal in order to be effective.

Even state legislators that voted on the law disagree on how effective the law will be. One State Representative said he believed the law was a knee-jerk reaction to an isolated situation and one State Senator said that he voted for the law because it promoted safety despite his concerns about cost.

Man fights hospital to keep insurance settlement

A Georgia-based hospital is attempting to take a portion of the money a Fort Gordon soldier received from a car accident settlement.
MCG Health Inc. is seeking $18,000, or one-third of the $50,000 the soldier received from the other driver’s insurance company as a result of the crash.
The soldier is fighting the case in the Georgia Supreme Court.
The hospital claims it wants the money to pay the man’s bill. The hospital could submit the claim to TRICARE, which is the military’s insurance program, and still receive its refund, while allowing the soldier to still keep the $50,000 he received from Owners Insurance Co.
However, according to sources, if MCG Health goes through the option of the military insurance program, it will only receive 40 percent of the soldier’s bill.
So far, the hospital has already lost its case at both the Richmond County and Georgia Court of Appeals, but it is now at the Supreme Court level and adamant about getting its money through the soldier.
Sources claim that if the money is taken from the soldier, he won’t really be losing it, as his own car insurance should reimburse him through its “underinsured-motorist provision.”
As of now no decision has been made, and according to sources, no hints have been made in which favor the justices may decide.
In this case, the decision comes down to whom should be paying the hospital, not who should be paying the victim of the motor vehicle accident. Car crashes, which happen all the time, can be very tricky, especially when it comes to settlements. If an insurance company wants to make a deal after an accident, it’s advisable to speak with Houston car accident attorneys first.

Head Injuries In Youth Football Leagues

In professional football, head injuries have been getting increased attention as of late. However, it is not only professional football players that are vulnerable to these injuries. Brain injuries are also a major issue for young football players.

Scientists are discovering that young athletes could face serious health risks from head injuries suffered while playing football. With these discoveries, people have become increasingly concerned about the consequences of head injuries in youth football.

These concerns were underlined by a tragic case in Kansas City, which occurred in October. A high school football player suffered a head injury during a game. He had experienced a similar injury earlier that month. He collapsed after the injury, and died the next day.

In reaction to this tragedy, the a lawyer of distinction stated, in an article for Fanhouse, that it may be time for youth sports leagues to take stricter stances on head injuries. Some suggestions he gave included increasing the amount of time a student athlete is required to sit out after suffering a head injury.

The solutions suggested by the article demonstrate how serious of an issue head injuries have become in youth sports. We all want young athletes to be as safe as possible. Kids should not have to face life changing consequences because of their participation in sports. Thus, as the awareness of the consequences of head injuries has increased, a natural question has arisen: are youth sports leagues doing everything they can to prevent these injuries?

Consequently, one hopes that all youth football leagues are carefully considering the issue of youth head injuries, and taking whatever measures are necessary to keep kids safe. For the help in such unfortunate situation Frekhtman & Associates NYC injury lawyers is here to help.

Bankruptcy & Restructuring Overview

Bankruptcy and Restructuring Practice is a microcosm of the firm, drawing from all areas of the firm’s practice. The group currently includes a core of lawyers who spend all or a significant portion of their time on bankruptcy, workout, and insolvency matters. A number of litigators and lawyers in other practice groups work closely with our bankruptcy attorneys on a regular basis. The scope of the practice is national and members of the practice are drawn from various  offices.

In addition, our New Jersey business tax lawyers frequently draw on the expertise of our other practices, for assistance on the real estate, corporate, securities, health care, tax, labor, environmental and ERISA issues that increasingly arise in troubled situations.

Our major areas of practice involve representing:

  • Chapter 11 Debtors/Debtors-in-Possession
  • Official and Ad Hoc Unsecured Creditor and Equity Committees
  • Insurance Companies
  • Indenture Trustees
  • Asset Acquirers
  • Secured Creditors

Sample representations are listed later in this resume.

We also have significant experience representing landlords, officers and directors of debtors, trustees, assignees for the benefit of creditors, and sophisticated workout consultants/crisis managers.

The diversity of our experience has enriched our lawyers’ understanding of insolvency and workout matters, from all perspectives, and enhanced our ability to represent any type of party in these matters.

Capabilities & Experience

Sonnenschein has handled workout, reorganization and bankruptcy matters throughout the United States for a wide variety of clients. Much of our experience in these areas cannot be neatly categorized as either “workout” or “bankruptcy” related. Indeed, one of the hallmarks of our practice has been an acute awareness of the overlap between these two disciplines — and the importance of offering experience and expertise in both workouts and bankruptcies in order to provide maximum flexibility and achieve the most effective results.

A brief overview of our experience in each of these areas follows.

Workouts

We have broad range of experience representing participants in out-of-court debt restructuring matters. This work includes:

  • review of loan documentation and lenders’ collateral positions for existing and potential defects, including enforcement problems;
  • evaluation of restructuring proposals and development of alternatives;
  • analysis of creditors’ positions and likely resort to bankruptcy, and assessment of lenders’ options in bankruptcy proceedings;
  • preparation of the legal documentation to implement out-of-court workout solutions and/or to support position in the event of a court proceeding;
  • appropriate litigation (including representation in bankruptcy court or enforcement proceedings) if a satisfactory out-of-court solution cannot be reached; and

Police arrest Wilmington man for crashing into cruiser

Intoxicated drivers endanger residents in Wilmington and the rest of the state. Several wrongful deaths are caused every year in  due to the decision of some motorists to drive while impaired. A drunk driver is more likely to cause a serious car accident because alcohol impacts the motorist’s ability to properly control a vehicle. Alcohol use also makes it more likely that a motorist will disobey traffic signals and drive in an erratic manner that endangers  pedestrians.

One 30-year-old drunk driver from Wilmington was recently arrested. A state trooper arrested the man after the man rammed into his parked, fully marked  State Police squad car. The Wilmington man was spotted driving in an erratic fashion around bar close time on Shipley Road near the intersection of Windley Road.

Drunk drivers injure many  law enforcement authorities every year. Police officers and state troopers are more likely to face personal injuries from drunk drivers because officers often work around bar close time and are exposed to traffic when they pull cars to the side of the road.

Fortunately the Wilmington man hit an empty squad car. The officer was out of his car investigating an earlier accident. The officer rushed to the man’s vehicle and saw that he was attempting to reverse his car and flee the scene. The officer yanked the drunk driver from the vehicle to prevent him from leaving and held the man until emergency crews arrived at the scene.

The drunk driver was treated at Christiana Hospital for injuries and then ticketed for drunk driving, failure to remain in a lane of travel and driving with an expired registration and lack of insurance. The officer was not injured. Contact the best car accident lawyers Boca Raton, FL for best support.

Parents awarded $58M in birth injury malpractice case

women and children always face some risks during childbirth. Although medical advances have lowered ‘s high mortality rates during pregnancy and birth, obstetrics negligence continues to cause birth injuries that impact many women and children in our state. Obstetrics negligence can severely injure a child and result in serious birth injuries such as Erb’s palsy, head trauma and cerebral palsy, among other things.

The parents of one 8-year-old boy say that his cerebral palsy was caused by obstetrics negligence. The parents say their son cannot speak, eat, or walk and that he requires constant care because of the negligence of an obstetrician. A jury agreed and recently awarded the family $58 million in a landmark medical malpractice case, handled by a lawyer of distinction.

“The dollar amount means he will be taken care of, that’s what this means to us,” the boy’s mother said.

The parents say that the obstetrician ignored complications and failed to deliver the boy early. When a C-section was finally performed a surgical error cut the oxygen to the boy’s brain which caused a severe disability that will forever impact his life.

“He got his life taken away from him, and the only form of justice is this,” the father said.

The doctors strongly contest the jury’s decision sand say that the mother was properly cared for. Attorneys for the doctors say that the boy’s disability was caused by an undetected infection in the womb and not malpractice. The parents will probably not see any of the substantial funds awarded by the jury for a long time because the doctors are planning to appeal the verdict.

Subjects Covered in the Safety Programs

  • Company Impact – How a properly implemented safety training program can impact the company’s workers comp, morale, and bottom line.
  • Statistics – Actual statistics on forklift operation and accidents in the U.S workplace.
  • The “L-Word” – Liability – How it relates to the company.
  • OSHA Regulations – The complete set of regulations as they relate to forklift safety, what they mean and how they can affect the operators, the instructors and the company.
  • Employee Involvement – How to get workers to be proactive about training programs and maintaining a safe work environment.
  • Management Involvement – How to get management involved in the enforcement and reinforcement of safety training, and management’s crucial role in the success of any training program.
  • Company Customization – How to adjust training to match company policies and how to resolve discrepancies between company policies and instructor course content or OSHA regulations.
  • Choosing the Right Presentation – how to select the format of and materials for your class based on the participants and environment.
  • Class Preparation – Room setup, materials preparation and equipment setup for successful training.
  • Instructing Style – How to develop a personal training style, and techniques that lead to a more effective presentation.
  • The Training Program – A complete run-through of the actual operator training program as it is written.
  • Documentation – Recording results and creating a thorough record of safety training.
  • Forms – All documents and forms to be used by the trainer and operators during training and in the workplace.
  • Accidents and Incidents – How to investigate and report incidents and who should be involved.
  • News Articles – Library of relevant news items that can be used in presenting safety training classes.
  • Reference Materials – Complete listing of contact information, phone numbers, websites, and addresses of various information sources, safety organizations and government agencies.

Workers injured in van rollover crash

At least 18 people were hospitalized yesterday when a van full of migrant workers crashed in . The accident happened on I-95 near Newport. Authorities say that the 20-year-old driver had no drivers’ license or insurance and that the van was not built to carry more than 15 people.

The van accident happened because of a blown tire. The van overturned several times before coming to rest on the left shoulder of I-95. All of the 18 occupants of the van were transported to Christiana hospital in seven ambulances but one of the passengers fled the hospital before receiving treatment. An experienced injury lawyer at https://aa-llp.com/ knows the ins and outs of these issues.

The migrant workers may be in the country illegally and an investigation into the incident was launched by U.S. Immigration and Customs Enforcement. None of the 18 workers had identification and a retired agent from the New Jersey State Police Intelligence Bureau said that such cramped and unsafe conditions are common for migrant workers.

“The migrants will put up with anything because the village that they are coming from and the country that they are coming from has no work,” the agent said. “They can make enough money in 10 weeks here to feed them and house them for a whole year back in their own village.”

This is the first major  highway accident involving migrant workers since 2001. In June 2001 a van with 19 migrant workers ran into a tanker truck. The accident occurred on I-495 and killed five of the workers. That accident also involved a 15-passenger van, and the NHTSA has issued warnings indicating that these vans are more likely to rollover when fully loaded.

Should require school bus seat belts?

In our last post we discussed a pedestrian accident which left a 29-year-old  woman dead. Although the  woman was hit by a police car responding to a crime, pedestrian accidents are also common in a variety of other situations such as school bus loading zones.

Safety advocates say that a seat belt requirement for school buses may prevent such loading zone accidents and save several lives every year by cutting down the distractions that school bus drivers face.

“There is accident after accident where we can document that the cause has been school bus driver distraction,” said Arthur Yeager of the school bus coalition. “More kids are killed when their own school bus drives over them than by other drivers. Some of those kids are killed because the driver is distracted by kids jumping up and down on the bus.”

The National Highway Traffic Safety Administration disagrees with Yeager’s assessment and views seat belts as an unnecessary expense. It notes that retrofitting school buses with seat belts would be so costly that it would amount to between $23 million and $36 million per life saved.

Yeager notes that the NHTSA requires seat belts in most other vehicles despite its longstanding opposition to school bus restraints.

“There is a certain hypocrisy in their supporting seat belts in virtually every other type of vehicle under their control except for school buses,” Yeager said. He went on to state that students are used to wearing seat belts in cars and that many children’s first experience riding without a seat belt is on a school bus.