Oct 13, 2016
Drunk driving is among the leading causes of car accidents in the United States. Data from the Centers for Disease Control and Prevention shows that drunk driving accidents led to 9,967 fatalities in 2014. This accounted for 31 percent of all car accident deaths reported in that year. Knowing all this, it’s apparent why both the federal government and individual state governments are particularly committed to the prevention of drunk driving accidents. It’s because of this dedication that there has been stricter implementation of traffic regulations against drunk driving.
Among the many policies facing stricter reinforcement is the establishment of traffic checkpoints in numerous states all over the country. In these checkpoints, law enforcement is able to pull over vehicles to check for a driver’s sobriety through the use of breathalyzers and other quick tests. Through these field tests, they can see if any driver has a blood alcohol concentration or BAC level that’s above the legal limit of 0.08 for private individuals and 0.04 for individuals operating commercial vehicles.
The penalties for drunk driving could include several thousands of dollars in fines, imprisonment or probation, as well as license suspension. Still, all these penalties remain inconsequential compared to the possible long-term consequences that victims of drunk driving accidents end up facing cannot compare to those suffered by drunk driving accident victims. According to the Madison car accident lawyers of Habush Habush & Rottier S.C. ®, victims of such accidents often require significant medical treatment and they could also end up with financial burdens caused by their inability to come immediately back to work.
If you, or anyone you know, have been injured in a drunk driving accident, be reminded that you are entitled to receive just compensation through a personal injury lawsuit. Consult with an experienced lawyer working in your area to learn more about your legal options.
Jun 25, 2016
Every year, thousands of rollover accidents resulting to as many as 10,000 deaths and 24,000 serious injuries are reported to the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA). A rollover accident is a deadly type of vehicular accident; it is characterized by the tipping over of a vehicle onto its side or roof. While any type of vehicle can rollover, the ones most prone to this type of accident are pickup trucks, vans and, SUVs.
Rollover accidents are usually caused by unsafe roadways, worn out tires (due to loss of traction), or a great tendency of the vehicle to oversteer (turn farther than it was meant to), or understeer (turn lesser that intended). However, the major cause of rollover accidents, as pointed out in the Crowe & Mulvey, LLP, website, is a vehicle’s defective design, specifically, its center of gravity being higher from the ground.
The consequences of rollover accidents are almost always serious, like head injury, spinal cord injury, dislocated bones, amputated limb, or death. Due to the great risk of severe injuries passengers are exposed to in this type of accident, the NHTSA has released safety measures, which drivers should observe for them to avoid a rollover from happening. Besides making sure that a vehicle is never loaded with very heavy cargo, drivers, especially of SUVs and vans, should also make sure that the vehicle maintains its balance by keeping the weight of passengers and cargo equally distributed inside the vehicle.
Requiring that vehicle manufacturers install a safety device, called the Electronic Stability Control (ESC), in vehicles is another major move adopted by the NHTSA. This safety device consists of sensors which are capable of immediately detecting loss of vehicle control. As loss of control is detected, the ESC automatically applies brakes on the affected wheel to allow the driver to regain control of the vehicle. The ESC also helps ensure stability during quick turns, improves control of vehicle on gravel patches and road shoulders, increases traction on slippery and ice-covered roads, and eliminates the likelihood of oversteering and understeering.
It mentioned above, however, that rollover accidents are primarily due to a defect in vehicle design, enough reason why accidents should be blamed on manufacturers. It is, therefore, important for the family of a victim in a rollover accident to contact a personal injury lawyer immediately for the possible legal action they may pursue against the liable party.
Feb 12, 2016
A study released in October 2015 showed that medication mistakes have occurred in 124 out of 277 surgical operations that were conducted in the United States last year alone, with almost 50% of all surgeries involving at least one medication error or adverse drug event, or 193 medication errors occurring in the 3,675 medications administered.
The study is “the first large-scale look at medication errors in the time immediately before, during, and directly after surgery,” said Dr. Karen Nanji, Harvard Medical School’s assistant professor of anesthesia, which was confirmed by Yale University Prevention Research Center director Dr. David Katz.
Other findings showed that two-thirds of the medication errors were categorized as “serious” and 2% were deemed “life-threatening”.
The study identified the following as the most common types of medication error during a surgery: incorrect dosing; drug documentation mistakes; failure on the part of physicians and nurses to monitor and address the changes to a patient’s vital signs; and drug labeling mistakes.
Attorneys at the Abel Law Firm say some wrong actions that a physician performing a surgery might do include leaving a foreign object –such as a towel, a sponge, or a surgical apparatus – inside a patient’s body; making errors in performing the procedure itself; and performing the procedure on the wrong body part.
Medical malpractice cases are very problematic in the sense that there is complexity when it comes to proving that the doctors, nurses, or the medical institutions are accountable for one’s worsened medical condition. For one, they can make the patient lost in all the medical jargon thrown at them by the medical practitioners claiming innocence. For another, such institutions find it easy to hire the best and the brightest minds in the legal profession to come to their rescue in instances when a mishap is made.
Aug 10, 2015
The chances of a child suffering from health complications can appear during pregnancy or on labor and delivery. These complications can bring about cerebral palsy, which was first thought to be caused solely by a combination of asphyxia and a complicated birth. However, this is only among the many reasons for cerebral palsy, and that factors such as problems during the fetal development stage can also lead to cerebral palsy.
One way to help determine the health of the newborn child, they are tested and will be designated an APGAR score. APGAR (which stands for Appearance, Pulse, Grimace Response, Activity, and Respiration) is a scoring method used to promptly summarize the baby’s health as determined through their muscle tone, respiration, heart, reflexes, and color. The result will help determine the child’s risk to cerebral palsy, with the evaluation taking place at one and five minutes after birth, and at successive intervals after that, if needed.
Although there are a number of risk factors that can lead a child to have cerebral palsy, having the presence of one or more risk factor does not equate to the child having cerebral palsy. Based on various studies, majority of cerebral palsy cases are due to factors that can be prevented. One of these preventable risk factors is medical errors. Medical errors such as the incorrect use forceps and vacuum extractors can lead to traumatic brain injuries and eventually, cerebral palsy. According to the website of Habush Habush & Rottier, S.C.®, doctors or medical practitioners who have made the medical error that resulted to serious injuries can be held accountable that the child and the parents have suffered. Since such errors can be preventable, they can account as negligence on the part of the medical staff if they indeed commit medical mistakes and caused serious and irreversible damage to the child.
However, there are also non-medical causes of cerebral palsy. According to the website of the Driscoll Firm, P.C., healthy young children whose brains are still in the developmental stages can still develop cerebral palsy when they suffer from any type of traumatic brain injury. A direct injury to the cerebrum can significantly affect the motor skills development of the child, as well as their cognitive abilities. Car accidents, drowning, or serious physical abuse are things that can lead to a child developing cerebral palsy. And those how have been victims of such negligent or reckless actions can file a personal injury claim to get financial compensation for the damages the victim and their families will have to go through.
Aug 7, 2015
The reasons for divorce play an important role in the child custody, child support, and visitation rights for both parents. If both parents have mutual consent to the divorce and have little to no conflicts, the proceedings can go smoothly and the custody, visitation and child support can be settled without delay and complications. Child custody is, in theory, concluded according to the best interest of the child. This means that each parents’ background will be checked and anything relevant that could affect the determination will be seriously considered by the court.
When a parent has been criminally convicted or simply charged, it may be a significant factor that the family court judge will look into in order to determine child custody, support and visitation rights. There are certain factors that the judge will examine so as to effectively weigh the situation. Among the things the family court judge will check is the victim and the type of the offense made. The website of the Law Offices of Baden V. Mansfield states that if the crime involved the domestic abuse towards the mother and child or children the court can them grant limited custody and visitation rights, while serious charges such as sexual abuse, battery, and other violent crimes can possibly terminate any parental rights.
Dangerous behaviors are what court judges are looking for when deciding on divorce and child custody. Any criminal offenses that can be considered as an isolated event can greatly reduce chances of a withdrawn custody or visitation rights, but recent convictions can demonstrate reckless or dangerous behavior that can be a risk to the welfare of the child. Likewise, the recurrence and nature of the sentences will also be considered; the parent’s capacity to follow the law can be challenged when there is a continuous string of convictions and can considerably lower chances of custody and visitation. Since family courts assess each divorce and child custody cases according to their specific circumstances, the website of Daniel Jensen, Attorney at Law states that a criminal conviction or convictions can be a considerable determinant that could impact the family court’s decision.
Aug 6, 2015
Complex regional pain syndrome (CRPS) is considered a chronic systemic disease defined by severe pain, swelling in the affected area, and changes on the skin. The most common affected areas are the limbs, such as the arms and legs, following a serious injury or trauma to that particular part of the body. Although the cause of CPRS is not completely determined, it is widely believed to be due to damage to or the malfunction of the central and peripheral nervous system.
Symptoms of CPRS are varied in their length and severity; constant and intense pain that worsens rather than getting better as time passes is the most common that is reported. CPRS is divided into two general groups; Type 1, where there is no distinct evidence of nerve lesions and is the most common type, and Type 2 that has more obvious nerve lesions and rates higher on the McGill pain scale. CPRS can lead to a number of complications that can become intolerable and debilitating. Such conditions can be a hindrance to work, which prompts many affected by CPRS to apply for SSDI disability benefits. According to the website of the Hankey Law Office, those who have suffered CPRS for more than 12 months can qualify for an SSDI benefit.
There are certain requirements that should be met before the Social Security Administration grants an SSDI benefit. First, the condition should be considered a “medically determinable impairment” that proves evidence of RSD. Next, they will establish whether you are still capable of performing your old tasks and see if there are other work opportunities for you. Because it can be a significant factor for a worker to lose their job, getting workers’ compensation or filing a personal injury claim against the company or the person who caused the injury that worsened the CPRS can be helpful.
According to the website of the Baton Rouge personal injury lawyers at the Law Offices of Cazayoux Ewing, is important to present strong and valid evidence of the effects of the CPRS in order to qualify for an SSDI benefit. Because of the difficulty of getting disability benefits for chronic pain finding legal help through personal injury or disability lawyers would be the best way to avoid being denied. These legal help plays an essential part in representing your case in court and fight for your right of benefits.
Aug 5, 2015
It is important for an injured worker to understand why their worker’s compensation benefits have been denied before filing a personal injury claim. According to the website of the LaMarca Law Group, P.C., there is a variety of reasons why a worker’s compensation benefit can be denied, knowing the main reason for the denial of benefit would be the key in ensuring that the situation is addressed and dealt with properly. To help with such scenarios, here are some reasons why workers’ compensation is denied:
- No witnesses and not reporting the incident immediately could to lead to holes in the documentation and lack of proof. Without a witness, it will only be based on your statement, which can then be argued by the insurance company. Furthermore, the state often requires workers to report any injury or accident within a very short amount of time, otherwise they can dispute that the injuries were not serious enough to warrant worker’s compensation.
- Inconsistency between your accident report and the initial medical report. Discrepancies in your report can become an issue of its validity. Likewise, medical records that reveal the presence of illicit drugs will greatly lessen the chance of a worker’s compensation grant.
- Filing a claim after being laid off or fired can make the insurance companies think that the claim is only made as revenge to get more money. Although there are honest claims after injuries, it may be harder to convince the court that it is not a revenge claim.
- Providing a recorded statement or signing medical authorizations can be a double-edge sword; a recorded statement still does not guarantee that the compensation will be approved, but refusing to provide one can result to the claim being denied. Similarly, it is usually for insurance companies to ask for a medical authorization so that they can directly contact the injured worker’s health care providers to have a copy of the medical bills and records. They often choose to get the records themselves to avoid the record being cherry-picked; however, they can also invade privacy and take medical records that are not related to the accident. The injured worker is not legally obligated to provide these recorded statements and medical authorization, and can request the assistance of their lawyer.
A Champaign workers’ comp lawyer is likely to be aware of how injured workers who have been denied their right for worker’s compensationcan file injury claims against the company or the person who caused the accident.
Aug 2, 2015
Court reporting is not exclusive to just stenographers in court proceedings; there are a number of subspecialties that court reporting caters to. According to the website of Stratos Legal, official court reporters are the ones who are appointed by the court whose main task is to take a word-for-word record of the proceedings, which becomes the official record of the case. The bulk of their work rests on issues of importance to the jurisdiction of the court, all state agencies, and the legislature of committee or subcommittee in the legislature. Court reporters are generally in charge of managing the written records of court proceedings in all government, private, or court settings.
Aside from being designated as court stenographers, court reporting offers other opportunities. Just as all court reporters get the same education and training, a licensed or certified court reporter will have the experience and skills that will enable them to pursue a number of subspecialties, such as:
- Judicial Reporting – known commonly as court reporting, this involves taking records of proceedings, administrative hearings and depositions, which can be done either by a freelance or as designated by the court
- Broadcast Captioning – also called closed captioning, this job entails putting captions and subtitles through texts on the television, video screen, or other forms of visual display.
- Real-time Captioning – just as with closed captioning, real-time captioning provides on screen, but is done in real-time. They are generally done during live events, emergencies or weather disinters, sports events, and television broadcasts.
- Communications Access Realtime Reporting – CART is generally aimed for deaf or hard-of-hearing people in live-situations, such as in classrooms, religious services, seminars, speeches and many others.
- Webcasting – provides real-time reporting for web-based events like corporate meetings, conferences, training seminars, and many others.
Being a court reporter, especially a licensed or certified one, can be a lucrative job. Court reporters are expected to be highly trustworthy and competent due to the weight and importance of their job, which is why those who seek to become a court reporter to get higher levels of certification can further expand their job options. A court reporter’s job description can differ according to the task they are assigned to do, therefore being knowledgeable and skilled in a number of areas and practices would be the key in excelling in the field.