Category Archives: Blog

Last month, Baylor University head football coach Art Briles was fired after reports that he failed to address sexual assault charges made against members of his team. An investigation into the matter argued that the “choices made by football staff and athletics leadership, in some instances, posed a risk to campus safety and the integrity of the University.”

Briles, though, initially accused the school of wrongful termination. The Texas coach and his employment lawyer argued that he was being used as a scapegoat for the scandal and had no real blame or wrongdoing in the matter.

University chancellor Ken Starr and athletic director Ian McCaw both resigned in the wake of the scandal, but Briles was the only one fired. Is his situation a case of wrongful termination, or was the University right to act in the manner they did?

The lawsuit against Baylor alleged that officials and coaches knew about former football player Tevin Elliott’s history of sexual assault and failed to do anything to protect women at the university. Elliott is now serving a 20-year prison sentence after being convicted of two counts of sexual assault.

The matter may not be as straightforward as it appears for Briles. Over half of all wrongful termination court cases are won by the employer — up to 70%, in some jurisdictions. While there are more than 20 different legal grounds for citing wrongful dismissal, being fired for failure to account for your team members’ actions isn’t necessarily one of them.

This unfortunate case is just another in the troubles haunting college football teams all over the country. Some cite concerns about the possibility of traumatic brain injury in the sport: 1.7 million people sustain TBIs every year, and while 80% are treated and released from an emergency department, another 52,000 die every year.

Other football players have come under fire for unsportsmanlike conduct off the field and preferential treatment; Miami Hurricanes running back Mark Walton, for example, was recently arrested for a DUI. According to MADD, there were 10.3 million instances of people driving under the influence of illicit drugs in 2012.

Is college football’s reach really greater than the law?

In the end, Baylor University and Coach Briles announced they had “mutually agreed” to part ways, but not without acknowledging the “serious shortcomings in response to reports of sexual violence by some student-athletes, including deficiencies in university processes and the delegation of disciplinary responsibilities with the football program.”

If you feel that you may have been a victim of wrongful termination, you’re not alone. Wrongful dismissal from a place of employment is one of the most common labor disputes there is.

No matter the circumstances, many of us may feel that we were “wrongfully” fired or let go from our jobs, but the legal definition of wrongful termination requires a little bit more evidence than hard feelings.

Most employment contracts in the United States are made “at will,” meaning that employees may be dismissed at any time and for any reason — well, almost any reason.

There are a few very important exceptions to the “at will” employment contract, and if you feel you were fired for one of these reasons, you may be subject to damages compensation or a severance package from your employer.

• Discrimination. No employee can be fired simply because of their gender, race, nationality, religious beliefs, or age. Some states also have discrimination protections based on gender identity and sexual orientation.
• Retaliation. An employer cannot fire you to “get back” at you because you are, for example, involved in a discrimination case against them or have served as a whistleblower for some form of suspicious activity.
  
• Refusal to Commit Illegal Activity. If you were released because of a refusal to comply with orders that would have required you to do something against the law, you may have a case for wrongful termination.
• Breach of Contract. Some contract agreements, particularly those involved with labor unions, involve a mandatory procedure before termination. Your employer must follow these procedures, or the dismissal is considered wrongful.

Was your firing illegal? If so, speak with an employment lawyer or wrongful termination attorney about your case.

Wrongful termination cases aren’t always easy. There are, however, at least 20 different grounds to make a strong case as a wrongfully terminated employee.

You most likely cannot make a case for wrongful dismissal if, for example, you were a truck driver involved in a crash — which happened 333,000 times in 2012. Hiring a lawyer for your case is not a decision to be taken lightly; civil lawsuits cost the economy $239 billion every year.

However, it never hurts to talk. Many lawyers will offer you a free consultation to hear out your situation and determine if you have a strong case for wrongful termination.

At any given moment, as many as 660,000 individuals in the United States are using cell phones or other electronic devices while driving. This puts not only the drivers, but everyone around them, at a greater risk for car accidents.

If you or someone you know was involved in one of the 333,000 large vehicle accidents annually, finding a good car accident attorney should be at the top of your priority list. Not sure where to start? Here are five things you need to know before you hire a car accident attorney.

Initial Consultations Are Usually Free
Many people aren’t willing to call a lawyer because they believe it will cost too much. However, a good lawyer will be willing to discuss the basic facts of your case and tell you whether they believe you even have a case, for free. Costs can be negotiated and discussed afterwards.

Experience Matters
Most good lawyers limit their practice to one or two kinds of law. If you are hiring a lawyer to represent you in a brain injury or bodily injury case, you should make sure that they have experience in that specific field.

Past Success Counts
Understanding how a lawyer typically handles cases similar to yours can be very helpful in determining if they are the right lawyers for you. Before making a final decision about a lawyer, do some research into past cases they have handled. If you find it hard to find a lot of information about past cases, ask them during the consultation about the results of the previous cases they have handled.

Lawsuits Aren’t Always Necessary
While up to 96% of cases get settled before a trial ever occurs, some cases do not even need a lawsuit to be settled. A lawyer can sometimes get the important information to the insurance company for the defendant and settle the case without needing to file in court.

Know Your Fees
Any lawyer must be paid for their time and services to you. If you hire a lawyer, you need to make sure you understand what is referred to as a contingency fee, which occurs only after you’ve been paid. This kind of a fee allows you to hire a great lawyer without having to pay that lawyer upfront, but amounts differ and you should be aware of cost at all times.

Motor vehicle accidents are the leading cause of traumatic brain injury-related deaths, and to avoid any unnecessary financial strain, it’s important that you understand these five things before you look into any car accident attorneys.

In the U.S., civil lawsuits cost the economy an average of $239 billion annually. These cases range from everything from car accidents to slip and falls. Taking into account that 660,000 drivers use cell phones or other electronic devices while driving, it’s no wonder why 330,000 trucks were involved in accidents in 2012. If you are looking for a car accident lawyer to help with your case, remember the other services your attorney can provide.

Filtering Information
In most cases, victims of personal injury cases often times do not know the impact their statement can have on the amount they could be awarded. In some states, judges may order victims to release their social media profiles for investigation. Knowing this, personal injury lawyers can show you acceptable forms of communication and can advise on what to do next. In the event that you make a mistake, your lawyer can advocate for you.

Negotiate with Insurance Companies
Believe it or not, your lawyer can negotiate with insurance companies to make sure they do not take advantage of your situation. The insurance company’s main goal is to pay out as little as possible. Your car accident lawyer has your best interest in mind and will see that you are awarded what you deserve.

Negotiate with Creditors
Not only can your lawyer work with the insurance companies, they can also negotiate with creditors. The insurance companies may not cover all the bills you incur from your accident. In some cases, you may have to pay out of pocket for the remaining balance. In some states, your attorney can speak on your behalf and work with creditors to reduce your bills.

No Fee Mediation
If you’re apprehensive about hiring an attorney for your case or wonder if you have a case at all, some lawyers offer mediation free of charge. They can submit mediation briefs and let you know if the mediation settlement being offered is best for you.

You may have been injured in a car accident, but that does not mean you are alone. Choose a car accident lawyer with your best interest in mind. After all, they are here to service you.

There are federal rules, and then there are state laws. For example, in Kentrucky, it’s illegal to fish with a bow and arrow.

While some state laws and regulations might be silly, others are very serious. When you’re on the hunt for a lawyer, it’s important to keep your location in mind. Big-box law firms and injury attorneys that span the country might have the money for catchy advertising, but they don’t necessarily have the local know-how and connections needed to get you the legal service and advice you require.

Here are some common reasons people hire lawyers, and why it might be important to stay local with a personal injury attorney in Lexington, KY for your case.

• DUI
  Driving under the influence of alcohol or any other type of substance that impairs driving ability can lead to serious consequences. In 2012, there were an estimated 10.3 million people on the roads driving under the influence of illegal substances. DUI law in Kentucky is very strict: if you have a blood or breath alcohol content of 0.08 or higher, you may be tried in a court of law and possibly given jail time. If you’re caught in Lexington, it makes sense to hire an attorney in Lexington who understands the local procedure to help you make the best case for defense.
• Personal Injury
  There is a one-year statute of limitation on cases of personal injury, medical malpractice, or products liability in Kentucky, which means that if you want to get compensation, you need to start your case well before then. The types of claims and theories also vary by state, so you’ll want an attorney in Lexington who’s well versed in at least one of the following, depending on your situation: wrongful death, auto accidents, medical malpractice, workers’ comp, product liability, and slips and falls. Some of these necessarily overlap: Vehicle accidents, for example, are the leading cause of death from traumatic brain injury for 20 to 24 year-olds, while falls are the leading cause of traumatic brain injury in children under age four and adults over age 75.

Don’t trust your case to some face on a billboard — make sure you get the local knowledge and experience of an established law firm who will understand how to best go about handling your case.

While some people take pride in handling certain matters on their own, there are some things you should never handle without back up — namely, car accidents. If you are injured in an auto accident and you fail to contact a law firm for a car accident attorney, it’s likely you’ll be paying an astronomic amount for medical treatments and auto repair work.

That being said, it’s always recommended that you consult an experienced personal injury lawyer to help you after experiencing an auto accident. Because a majority of the time, these accidents are no minor fender benders. For example, did you know that motor vehicle traffic injury is one of the leading causes of traumatic brain injury related death? And in a given year, there are more than 300,000 large trucks involved in traffic crashes. If caught in the crossfire of one of these incidents, you could be leading to severe emotional, physical, and proprietary damage, so it’s best to protect yourself as well as you can.

So why else you could contact a personal injury attorney in case of an accident? Here are a few key reasons to keep in mind:

Dealing With Insurance Providers
Often times, most insurance providers dislike handing out exorbitant sums of money. This is why you need a good personal injury attorney by your side. They can help you to negotiate with an insurance claims adjuster, increasing the likelihood of you receiving the right amount of compensation.

Years of Knowledge and Experience
Personal injury attorneys have seen countless accidents and have argued their way through an array of cases—likely similar to yours. Selecting an attorney with experience under their belt will put you at a serious advantage, helping you to get the funds and justice you deserve.

Determine Your Level of Compensation
Auto accident claims are not simple to calculate. Luckily, skilled personal injury lawyers are well-versed in the procedure of claim calculation, and will help you to get the sum you need to move on.

“Should I call a personal injury lawyer?”

While most people never want to ask themselves this question, it’s imperative that they know the answer and that they fully understand their options and rights. Unfortunately, the truth is that accidents happen more frequently than we would like. In fact, statistics show that 1.8 million people sustain a brain injury each year. Overall, falls are the leading cause of traumatic brain injury for children ages zero to four and for adults ages 75 and above. And when it comes to individuals between the ages of 20 and 24, the most common reason for traumatic brain injury (and leading cause of death) is automobile accidents, which inevitably occur due to the rampant usage of cellular devices while driving.

That being said, accidents happen. If you or your loved ones find yourselves in the crossfire of such misfortune, it’s likely that you have many more questions than one. For example: Who will pay for my piling medical bills? What happens if the person who did this to me does not have insurance? Who do I contact?

These are just some of the many questions that are likely running through your head. If you yourself are not a lawyer and you have never experienced this kind of trauma, then it’s likely you don’t have the answers. Luckily, you are not alone in this journey. If you have any or all of these questions, it is time to contact a personal injury lawyer.

A personal injury attorney will not only answer these questions, they will help you pursue a personal injury case that will get you the answers, the funding, and the justice you deserve. When personal injury isn’t handled properly, the financial and emotional problems experienced is immense. Hiring a personal injury attorney will help you to get healthy. Since they are working to bring you justice, you will have the time and energy to focus on what matters the most.

Across the country, personal injury lawyers have been asking people if they have been in a car accident that might have involved Snapchat, the photo-sharing messenger app.
According to WTKR, attorneys have begun setting up websites that help explain local laws to civilians on the subject of distracted driving. They have also issued press releases regarding Snapchat’s potential involvement in car accidents, and the dangers of using the app while on the road.

In and of itself, cell phone use is extremely dangerous while driving. In a given year, 10.3 million people drive while under the influence — experts say that distracted driving while texting is just as dangerous, if not worse. So on top of those 10.3 million, there are 663,000 drivers across the country that are currently using a mobile device while operating their car at the time.

And if you add an app that not only has you focus on the screen instead of the road but has a speedometer filter, it is a recipe for disaster. Statistics show that motor vehicle accidents are the leading cause of death, and for adults between the ages of 20 and 24, these death rates are the highest. This puts the millennial, app-wielding generation at the highest risk of dying at the hands of distracted driving.

The personal injury attorneys are specifically taking issue with the “speed filter” that tracks how fast a person is traveling while a selfie is being taken. And because Snapchat pictures are temporary, lawyers feel that they are more dangerous.

It has been proven that if individuals are behind the wheel of a car and they want to view a Snapchat picture, 100% of their attention has been removed from the road.
If you have been injured by a distracted driver who has been playing with Snapchat or similar social media apps, do not hesitate to contact a personal injury attorney to get the help you deserve.

Surgical errors can be medical malpractice if a surgeon’s negligent conduct falls below the accepted standard of care as compared to reasonably competent surgeons practicing that area of surgery under similar circumstances, and a patient is harmed as a result.

Surgical errors are mistakes that are preventable. Although some surgical errors are the direct result of a physician’s incompetence, most result from poor preoperative planning or inadequate procedures or work processes.

According to Attorneys.com, thousands of patients suffer from surgical errors every year in U.S. hospitals. A 1999 Institute of Medicine study estimated that medical errors, including those from surgery, affect 44,000 to 98,000 patients each year. Surgeries made necessary as a result of auto accidents, heart problems, joint replacement, organ transplants, and other circumstances all have their share of surgical complications that can lead to errors amounting to malpractice.

Examples of Surgical Errors

Surgical errors may include:

• Wrong-site surgery
• Incorrect incisions
• Leaving equipment inside a patient
• Operating on the wrong patient
• Nerve damage
• Anesthesiology errors

Although every surgical procedure involves some degree of risk or complication, such as heart failure or stroke, and patients are required to sign implied consent documents advising them of known risks, errors such as these go beyond accepted risks.

Causes of Surgical Errors

Physicians and their staff generally follow standard protocols before, during, and after surgical procedures. Regardless of these protocols, errors can still occur as a result of contributing factors such as:

Inadequate preoperative planning-Medical staff must have a patient’s complete medical history, including reactions to medications, and must evaluate the risks of a particular surgery on the patient.

Miscommunication-A nurse or other staff may misidentify a patient or incorrectly mark the wrong site for surgery. A surgeon may be misinformed about other material issues affecting the surgery, or may misread a drug’s dosage or the patient’s reaction to a drug. All surgical equipment must be accounted for after a procedure, but surgical sponges or other equipment sometimes do end up in a patient’s body cavity after a surgery is concluded.

Fatigue or under the influence-Surgeons and staff work long hours and have been known to be intoxicated or to have taken drugs to stay alert. Consequently, their judgment can be impaired.

Neglect-The failure to properly sterilize instruments or the use of defective surgical instruments can lead to infection, septic shock, and other life-threatening conditions.

Incompetence-Surgeons must endure years of rigorous study and training, but not all possess the skills and competence to perform surgical procedures commensurate with the standard of reasonably competent surgeons.

If you or your family member has suffered an injury due to medical malpractice please contact us todayat Golden Law Office at 859-469-5000 or email info@goldenlawoffice.tomahawk.website

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Driving Around School

Everyone is heading back to school this month, which means more teen drivers will be on the roads heading to school and after school activities.

Teendriving.com wants to remind all teen drivers to be mindful when driving around your school’s campus, or even just when parking there.

Here are some tips to keep in mind:

• Always stop for school buses with flashing lights. The flashing lights mean that students are either getting on or off the bus, and may be crossing the street. Their safety depends on cars obeying this law.
• Don’t park in fire lanes around the school. Not only will you probably get a ticket, but you could be blocking the area where a fire truck might need to par
• Try to get to school five to ten minutes early, and leave five minutes late to avoid the mad dash into and out of the parking lot. Lots of accidents happen when people are rushing around.
• Always watch for kids getting on and off school buses.
• If your school lot has perpendicular spaces (not angled parking), park in a space you can pull straight out of instead of having to back out. Backing out in crowded lots is always tricky.
• Don’t leave valuables like wallets, shoes, laptops, jackets, phones, or sports equipment in your car where they can be seen easily.

For more teen driving safety tips, go to: https://teendriving.com/driving-tips/on-the-road/

If you or your family member has suffered personal injury due to a driving accident please contact us today at Golden Law Office at 859-469-5000 or email info@goldenlawoffice.tomahawk.website

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