Common Driver Error In Car Accidents

Posted by on Sep 30, 2016 in Car Accidents | 0 comments

When driving cars on a heavy traffic, it is important for a driver to stay focused on what is going on in the road. Errors have no place in traffic as it could result to injuries or worse death. The website of Pohl & Berk, LLP reveals that diver error often happens as a result of carelessness, general negligence, and a variety of other reasons.

Every driver has a duty of reasonable care for other drivers. Many car accidents were caused by minor errors that have serious consequences on the driver as well as their passengers. Here are some of the most common driver errors that have caused injuries or death to other drivers:

Disregard of Traffic Control Devices

Traffic control devices are in place for the safety of drivers and pedestrians. When they obey traffic rules by beating the red light or exceeding the speed limit, they are not only putting their life and of their passengers but also that of the other drivers.

Disrespecting The Right of Way

One of the ways you can avoid car accidents is to follow the right of way. A merging traffic needs to have a warning sign. Cars entering a road or highway have the “right of way” and other drivers should recognize this and follow the rule.

Dangerous Passing

Passing another vehicle in a no-passing zone, where the line of vision of incoming cars is blocked, is a dangerous mistake that could cause risks to both the driver and passenger.

Dangerous Turning

Turning from the wrong lane or suddenly stopping or slowing while in traffic cam be extremely dangerous to other drivers.

Driving On The Wrong Side of the Road

Driving on the wrong way on a one-way road or driving in an incoming traffic lane is also a a dangerous behavior.

Maintenance Issues

Drivers have the duty to ensure that their cars are safe to drive. A poorly maintained brake can play a huge factor in the risk of car accidents.

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Spousal Support after Divorces

Posted by on Apr 19, 2016 in Divorce Rules | 0 comments

Fifty-year-old Emmy-award winning film and television director Alex Graves and his ex-wife Sarah recently have finally agreed on a divorce settlement: half of his income from all his television shows, which would be a high sum, considering that Graves boasts two Emmy wins for The West Wing and Game of Thrones, an adaptation of 67-year-old author George Raymond Richard Martin’s best-selling book series A Song of Ice and Fire.

Graves also directed the comedies The Practice, Ally McBeal, and Shameless, and the science fiction series Fringe.

On top of that, Graves has to pay Sarah $8,625 each month in alimony, which will have an additional if he earns more than $425,000 in a year.

Graves and Sarah will share custody of their two children, with Graves paying $5,657 per month in child support.

According to the website of the Maynard Law Firm, PLLC, a spouse or domestic partner can ask the courts to order his or her spouse or domestic partner to provide him or her with spousal support in case of a divorce, legal separation, or annulment or a domestic violence restraining order. If the spousal support is ordered during the deliberation of the case, it is called a “temporary spousal support order” or a “temporary partner support order”.

As discussed on the California Courts website, factors that influence the amount of spousal support that a judge may order include the length of the marriage or domestic partnership; what each person needs based on the standard of living that they had during the marriage or domestic partnership; whether forcing the plaintiff to get a job to pay for his or her daily expenses would affect child-rearing; the age and health of both people; debts and assets; whether one spouse or domestic partner helped the other get education, training, career, or professional license; and whether domestic violence existed during the marriage or domestic partnership, among others.

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Cerebral Palsy Types

Posted by on Nov 19, 2015 in Personal Injury | 0 comments

Cerebral palsy (CP) is diminished motor development on account of harm to the cerebrum, resulting in disordered palsy or movement which affects a little over 2 in each 1,000 live births. The harm might occur in early childhood, during delivery, or during pregnancy. The illness could result from intrauterine infection, exposure to lead, prenatal asphyxia, birth trauma, insufficient air supply to the brain, brain injury in early childhood i.e. shaken infant syndrome, encephalitis, meningitis, or brain cancers. Children with a low birth weight are believed to be high risk, and generally include premature newborns and multiple-birth. Males are also more inclined to get CP.

A lawyer would probably let you know that an analysis is possible at the time of arrival, but it’s delayed for 1. 5 years for most effective treatments and a more accurate evaluation of motor improvement. CP is a condition that is non-progressive, meaning it won’t grow worse over time.

Cerebral Palsy Types

There are four classifications of CP, based on the part of the brain affected as well as the motor issues. These are:

  • Athetoid/dyskinetic – damage to the basal ganglion results in poor coordination and involuntary muscle movements. This type of CP affects 10% of CP victims.
  • Spastic – damage to the cortex causes muscles to tighten involuntarily, affecting posture and freedom. It is the most common CP type impacting about 80% of the population.
  • Ataxic – damage to the cerebellum causes issues with balance and coordination. It is the least common CP, affecting between 5-10 percent of the CP population.
  • Mixed- a few regions of the mind affect, leading to a variety of signs of the three types in varying levels of intensity.

Costs of CP treatment

There is no absolute cure for CP, but with the proper care and medication it may be managed. However, the expenses may be high, particularly in instances that are severe. The Driscoll Firm website states that in the case your kid has CP because of a birth injury, you might have grounds for a personal injury claim.

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Cleft Lips and Cleft Palates

Posted by on Aug 9, 2015 in Personal Injury | 0 comments

Pregnancy is a difficult, but often wonderful time in a women’s life. Expecting mother’s take every step they can to ensure the health of their future child, suffering through side effects such as morning sickness in the process. To treat morning sickness, many women began taking the doctor-prescribed drug Zofran or its generic version to prevent nausea and vomiting. However, when a fetus is exposed to this drug, a number of birth defects can form including a cleft lip and cleft palate, according to the website of Williams Kherkher. While this is often confused as just a problem that affects appearance, it can also cause a number of physical problems.

A cleft lip or cleft palate can cause difficulty feeding in newborns, making it harder for them to form their lips or mouth properly. A cleft palate, in particular, can also cause difficulty breathing as it deforms the jaw. One of the more unknown effects of a cleft lip or palate is the increased risk of ear infections. As cleft children suffer from a malformation of the upper air way, ear infections such as middle ear are more common. A cleft can also affect the development of teeth and the ability for teeth to grow correctly. Further, as children learn to speak with a cleft lip or cleft palate, they may experience speech problems early on that last throughout their life.

After taking Zofran, many women began seeing cleft lips or cleft palates in their children with the side effects causing serious health complications. With the often devastating results of a cleft lip or palate, it is clear that both are serious medical conditions that cannot be ignored.

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Legal Proceedings over Late Robin Williams’ Estate

Posted by on Feb 4, 2015 in Estate Law | 0 comments

It has been said that the world just got a little bit darker and a little bit sadder when beloved actor and comedian, Robin Williams, was found dead on the 11th of August 2014 in his home at Tiburon, California. The world mourns him as his roles have touched and shaped entire generations all over the world – but none more feel the weight of this tragic loss more than his family.

His three children who survive him (Zachary, 33; Zelda, 25; Cody, 22) have disputed claims against Williams’ third wife, Susan Schneider Williams, saying that she is willfully attempting to maneuver legal documents and phrasing in order to earn more of the estate. This report follows the one where she had claimed to authorities that she was entitled to the Oscar winner’s home in Tiburon, California. Schneider Williams has said that she was frightened by the prospect that personal belongings within the home, that by right belong to her, might be stolen by her fellow trustees – as the home in Tiburon was entitled to her, following a trust that Williams himself set up.

Proceedings like these can get difficult as wills that meet disputes of this nature are often subject to probate law. Cases of this nature are hardly straightforward, according to the website of Peck Ritchey, LLC, due to the fact that there are many subtle changes within the variables of the equation that is the contesting the contents of a will. Losing a loved one is a difficult and trying time for anyone involved and as these are often quite emotionally charged situations, it is often advisable to seek the aid of a third party in order to avoid subjectivity or unfair bias.

If you or someone you know finds themselves in a similar situation – as even those in the spotlight are not exempt from the complexities of the law – it is highly recommended that specialized legal help is sought as soon as possible.

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Making a Claim for Unsafe Products

Posted by on Oct 19, 2014 in Personal Injury | 1 comment

Just because you suffered serious injury from using a product doesn’t mean that you are eligible in Massachusetts to make a claim that the product was unsafe. In order to be valid, the claim must include certain elements, as Massachusetts personal injury lawyers you may consult with will explain.

First of all, you have to prove that there was an actual injury or financial loss because of the product. A near-miss does not count, even though the product was clearly dangerous or defective. For example, a brand-new ladder collapses just as you reach the window you are intending to wash. You manage to grab the sill and climb to safety. In this case you have no claim, although you can certainly report the incident to Consumer Product Safety Commission (CPSC).

Next, you need to show evidence that the product is defective in either the way it was made (manufacturing error) or the way it was designed (design defect). It can be easy or difficult, depending on the product. A product liability lawyer would know what expert to consult to determine if the product was defective or not if it is not easily apparent i.e. the ladder broke. It will also help a case immensely if there was no warning about the risks of using the product which may not have been obvious to the consumer, such as a load limit.

Once you have determined that the product is defective, the next thing you need to prove is that the product was the proximate (or main) cause of the injury. If in the example above, you fell down when the ladder collapsed and got a skull fracture, then you have a case. If you tripped on the ladder before ever getting on it and got a skull fracture when it fell on your head, then you don’t.

Which brings us to the last element you need for a valid product liability case: using the product as intended. If your injury occurred while you were using the product correctly and for the intended purpose, you may have a case. For example, in the example above, if the ladder was clearly labeled with a load limit of 350 lb and you climbed on it anyway knowing you weighed 450 lb, you were not using the ladder as it was intended for, which is for loads up to 350 lb.

If your case satisfies all the required elements, then you probably have a valid case. If you haven’t yet, consult with a product liability lawyer to help you.

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The Risk of Cancer Due to Power Morcellators

Posted by on Sep 1, 2014 in Personal Injury | 1 comment

According to the National Institutes of Health, about a third of women in the United States will undergo a hysterectomy before she turns 60. Hysterectomy, a medical procedure wherein the uterus (or the womb) is removed, is done for a variety of reasons:

  • To reduce chronic pelvic pain and uncontrollable vaginal bleeding
  • To remove uterine fibroids (or myomas), which are benign tumors that grow in the uterus
  • To treat infections and different types of cancer (cervical cancer, ovarian cancer or uterine cancer)
  • To treat uterine prolapse, a condition wherein the womb or the uterus slips out of the cervix, falling halfway into the birth canal or vagina
  • Treatment of other conditions, including endometriosis, adenomyosis and pelvic inflammatory diseases

The traditional way of performing hysterectomy is through open surgery, which requires an incision in the abdomen, about five to seven inches long (also called Abdominal Hysterectomy). The modern way, and which more doctors prefer due to its many advantages, is laparoscopic hysterectomy, which necessitates only 0.5-1cm incisions and, therefore, much faster to heal, is easier and faster to perform, less bloody, less painful and reduces chances of infection.

Laparoscopic surgeries make use of a small camera, called a laparoscope, which guides the removal of the uterus, and a power morcellator, a device capable of cutting an oversized uterus and fibroids into small pieces to allow these to be removed through the tiny incisions.

During the early part of 2014, medical reports on the spread of uterine sarcoma, an undetected cancerous tissue in women with uterine fibroids, due to the use of a power morcellator surfaced. This harm that put women’s health and life at risk made the US Food and Drug Administration issue a safety alert on April 17, 2014, to discourage doctors from further using power morcellators in uterus removal (hysterectomy) or uterine fibroids removal (myomectomy) due to the risk cancer development.

Every year, about 50,000 women are treated with a power morcellator during a laparoscopic surgery. Though there is a slim chance that a woman, who has fibroids, can also have the hard-to-detect cancer-causing uterine sarcoma (1 in 350 women according to FDA estimate), the benefits provided by power morcellators still cannot outweigh the risks they can cause.

Presently, morcellator lawsuits are being filed and are growing in number. Women harmed by the device should waste no time in seeking legal assistance to help them know and understand their legal options in seeking compensation from the manufacturer of the device that they have been treated with.


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Personal Injury – Amusement Park Accidents

Posted by on May 7, 2014 in Personal Injury | 1 comment

People looking for thrills and adventure need not go to distant and dangerous places or even hundreds of feet above the ground. They have theme parks around them where the thrill and excitement may be higher and much more, they can experience all the fun with their family and friends.

Theme and amusement parks are always great destinations due to the attractions and never ending surprises these allow everyone to experience. Who, for instance, would not want to experience the heart-stopping, yet exhilarating, roller coaster ride? The fact, however, that the many rides and the equipment operated in amusement and theme parks are not subject to federal safety regulations (for there is actually none in existence, at least with concern to rides that are fixed to a site permanently), anyone, then, can question the actual safety of these.

Most of the reported causes of amusement park accidents are also identified as recurring problems, a manifestation of a failure or negligence on the part of people whose responsibility includes maintenance of rides, machines and equipment. Some of the most common effects of this failure and act of negligence include brake malfunction, collision with others who are on the ride, getting stuck due to ride malfunction, ride ejection, restraint system failure, structural failure, falls from rides, failure of safety nets and failure to use a safety net. Though the U.S. Consumer Product Safety Commission, the agency responsible for tracking amusement ride accidents statistics, believes that many injuries or deaths happen during amusement park accidents due to negligence on the part of the park owners and operators, there are also instances when the guests, themselves, are the ones guilty of violating the park’s safety policies. Whatever the cause of the personal injury, though, the liability is on the part of the park’s management which will, then, be required by the law to compensate the victims for the injuries sustained.

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No Sinecure for Workplace Injuries

Posted by on Mar 25, 2014 in Workplace Injury | 0 comments

All employers are required by law to purchase workers’ compensation insurance for their employees, unless the employer is exempt in a particular jurisdiction. This can happen if the employer can show capacity to finance compensation for any injured worker without the assistance of an insurance company.

For non-exempt businesses, workers’ compensation insurance is there to relieve both the employer and employee from the legal issues associated with assigning fault for any injury. For example, if a construction worker gets injured from a fall at the worksite and is unable to work for some time, the cause will have to be determined to find out if the injury is due to employer negligence i.e. defective ladder or employee action i.e. horsing around before compensation is forthcoming. With workers’ compensation insurance, the insurer is not concerned with fault, but only if the accident occurred in the commission of the employee’s job.

In theory, this should make it easier for the worker to get financial assistance for any medical treatment as well as wage replacement for lost days of work associated with the injury. But between an employer who would like to keep premiums low by minimizing claims and an insurance company that makes it a practice to deny claims, making a workers’ comp claim may be more difficult than expected.

According to the website of Williams Kherkher, workers’ compensation insurance covers not only “active” injuries such as those from a fall, but also passive damages such as repetitive motion injuries.  The insurer will question whether the injury is actually work-related, especially for passive injuries which develops gradually and has no external manifestation. It is often necessary for the claimant to provide copious documentation to prove the cause of the injury.

Making a workers’ compensation claim can be a walk in the park, but in most cases it is more of a battle zone. If you have a Fayetteville workers’ compensation attorney at your side, you will have a better chance of getting the compensation you are entitled to for your workplace injuries. He or she will be able to guide you through your case in a compassionate and professional manner.

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Wrongful Death of a Minor Child

Posted by on Mar 21, 2014 in Personal Injury | 0 comments

The unnecessary death of a minor child is perhaps the biggest tragedy of all, pulling at the heart strings of even perfect strangers. It would be difficult if not impossible to imagine what the parents are feeling when the wrongful death of their minor child occurs.

Wrongful death is defined as the loss of life of an individual due to the negligent or willful action of another party. This may take the form of dangerous products, birth injuries, drowning, fires, or failure to supervise. A wrongful death lawsuit is a civil proceeding, but it may be filed alongside a criminal charge if the circumstances warrant it.

Purpose of a wrongful death suit

When a wrongful death action is filed, the end being pursued is monetary consideration rather than physical incarceration, as is the case with a criminal prosecution. The civil action is meant to compensate the decedent’s surviving family for the loss and as punishment for the responsible party. In general, calculating the appropriate awards depends on several factors, including the age of the wrongful death victim.

The Value of Youth

As a people, we value youth because of its potential. But when it comes to tort law, youth is not such a good thing. When an adult dies, it is much easier to quantify the economic damages resulting from death based on actual rather than speculative income.  When a minor dies, pecuniary damages will be calculated taking into consideration the expected life span, health, and earning potential. In some states, the jury is directed to also consider the grief of the parent and loss of consortium of the child.  Historically, award damages for the death of a minor child are quite small.

The death of a fetus, on the other hand, is not even actionable in most jurisdictions, although this is not true in Oklahoma, unless the fetal death is as a result of an abortion, diagnostic treatment, or therapy. According to the website of the Abel Law Firm, you may have legal recourse to get compensation for the loss of your unborn child.

If you are a parent whose child died because of the negligence of another party, you need to engage the services of an experienced wrongful death attorney in the jurisdiction. Even if the award may be small, the responsible party must still be made accountable.

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