Articles Of Law

posted by Admin on Feb 25

Trucks cause many accidents, injuries, and even deaths. Legislation has tried to prevent accidents by putting more strict regulations on the trucking industry as a whole. Many consistent accidents occur between trucks and other vehicle passengers.

These common causes can assist you and your attorney when it comes to discussing your case. One of the number one causes of trucking accidents is driver fatigue. Driver’s are supposed to follow regulations when it comes to the hours that they drive in a given day and week. Hours must be split between driving time, on-duty time, and off-duty time. When a trucker is not driving during off-duty time, it is to be no less than 10 hours. There should be no more than 11 hours of straight driving time. Overall on-duty time is not to be more than 14 hours after a shift has started. Trucking companies are supposed to keep track of overall on-duty time. A driver is not to spend more than 60 hours on duty in a seven-day period, or 70 in an 8-day period. Although these rules are designed to keep drivers free of fatigue, these regulations are often not followed or enforced to the fullest extent. If an employer does not follow these rules, they can be held responsible if an accident does occur due to driver fatigue. All drivers are supposed to keep a log of their rest time and driving time.

These logbooks will often go under review when a truck accident attorney is putting a case together. It takes a tremendous amount of focus to drive a large truck and remain safe on the road. It is unfortunate that many drivers turn to stimulants and other drugs to stay awake while driving. All truckers are supposed to be given drug tests during the hiring process. These drug tests are to continue throughout the employment of a driver.

Drugs found in a driver’s system after an accident would add to their fault and negligence on the road. Speeding is a very large problem among truckers due to unrealistic delivery times. Trucks are very dangerous to their weight. The faster they go the harder it is for them to stop. Police investigate all aspect of a driver’s actions.

All of this evidence will then be used in court. Maintenance is another issue that causes many accidents. There are regulations that legally bind employers and drivers to prevent hazards through inspection. All maintenance should be routine. All truck drivers should inspect their vehicle for potential hazards at every stop.

Every company and their employee should know the inspection process. Trailers that are poorly loaded pose a big risk to others on the road. Poor loading practices can lead to liability when it comes to accidents. If products are not loaded properly, it can be harder to keep the truck under control.  Everything that is loaded into a truck is considered when it comes to truck accident law.

This is not legal advice. Additional Legal Information: Truck Accident Lawyers in Dallas, TX of Gordon & Elias. Serving clients nationwide including Massachusetts.

posted by Admin on Feb 24

Medical errors may seem like the stuff of movies, but they are far more common than the average patient thinks. And while the consequences aren’t always severe, each patient has the right to know the numbers and know the real risks that he or she faces when getting medical care. This article shows some basic facts and statistics on medical malpractice, and what they say about today’s healthcare industry.

• The Journal of the American Medical Association (JAMA) reports that medical errors cause as many as 225,000 deaths each year. This makes medical malpractice the third most common cause of death in the U.S., just behind cancer and heart disease.
• Of all fatal cases of medical malpractice every year, nearly half take place in emergency rooms. This is believed to be a result of the hectic and high-stress environment, which make practitioners more likely to slip up.
• Every year, about 106,000 malpractice-related deaths—47% of all cases—result from adverse reactions to medication rather than direct error. Surprisingly, separate studies show that these errors are actually among the most preventable.
• Hospital-acquired infections are the second leading form of malpractice detected in the study, accounting for 80,000 deaths a year. Most of these occur in the emergency room, and smaller hospitals tend to have a higher infection rates.
• Around 12,000 patients die every year as a result of unnecessary surgery. Not all the deaths occur from the operation itself; some patients acquire infections later on or have existing conditions aggravated by the surgery.
• Medication errors account for 7,000 deaths a year. Recent research revealed that for every 1,000 prescriptions issued, 3.13 contained errors, of which 1.81 were significant (i.e. they caused or could have caused injury to the patient).
• Dental malpractice cases are also on the rise. In a study involving dental errors over a 9-year period, researchers found that in 8 of the 11 cases studied, the dentists were found to be at fault.
• The annual cost to society attributed to medical errors is estimated to be from $17 billion to $29 billion. Medical liability, on the other hand, costs $6.7 billion a year.

This article is not intended as legal advice.

More information on medical malpractice available at The Barber Law Firm. Serving clients in Dallas, TX.

posted by Admin on Feb 24

In theory, property which is not excluded from an estate (under the Bankruptcy Code) becomes the property of that estate and is no longer the property of the debtor. At the time of bankruptcy filing, a debtor may claim exemption of certain assets and these claims will be reviewed to determine their validity. This will allow a debtor to keep certain items that had belonged to his estate.

Exemption List
A debtor may choose from an established “federal list” of exemption types along with an exemption list provided by state law. Although in some states, there are provisions that will disallow a debtor to choose from the federal list of exemptions – nearly 40 states have enacted this requirement. But in states that still allow the debtor to choose from both the federal and state exemption lists, the debtor will usually take the opportunity to choose those exemptions that will benefit them the most. In some cases, the person filing for bankruptcy may convert certain non-exempt assets into exempted assets. An example of this would be the increased equity in a home that is created by using cash that is applied to a mortgage – prior to filing for bankruptcy.

Property Exemption Laws
Property exemption laws will vary according to different states. In some jurisdictions, exempt property may include a vehicle, home, tools needed to conduct business and certain personal effects. In other states, tools needed for business may not be considered exempt unless they are claimed under the more general exemption category of personal property.

Management of Debt
One of the major purposes of bankruptcy is to ensure an orderly management of debt. Exemptions exist to prevent a punitive seizure of personal items that are considered to be of no real value (such as ordinary clothing and personal care items). Vehicles and tools needed for business are also considered necessary to assist the debtor to move towards being a productive member of society, as quickly as possible.

Please note that this article is for informational purposes only and is not intended as legal advice.

You can find further exemption information, by contacting bankruptcy lawyer Gary R. Jodat – located in Sarasota, Florida.

posted by Admin on Feb 2

We all love going on a vacation. Holidays are great, from deciding where to go through to booking travel and accommodation. One thing most of us forget though is the possibility of suffering a personal injury while we are away. There is nothing that can ruin a good vacation faster. There are a few steps you can take to include in your travel plans so you can have the peace of mind of being prepared.

Find out about where you are going

If you are traveling to a different country they may drive on the other side of the road. Be sure you are prepared for that if you intend to drive and get an international driver’s license if necessary. If you should become involved in a road accident this will help.

Make your self familiar with any local hazards (from insects to intersections) that may be around. If you are staying with friends they can probably help you.

If you are staying at a motel or hotel find out as much as you can about their safety rules and escape routes before you get there. Check out their safety record if you can.

Make sure you are insured

Travel and health insurance is a must when traveling even if it is just for a few days or just out of your own state. Different states and different countries have different rules. The last thing you want is to be not only injured but facing horrendous bills on top of it.

Consider how you are getting there

If you are driving, make sure your car is in good condition. Give your self enough time to get there with plenty of time for rests. If you can’t share the driving then take plenty of rest and sleep breaks. Everyone wants to get somewhere fast but tired drivers make costly mistakes.

If you are traveling by train or plane, check out the exits and actually listen to the instructions. Using stockings to prevent embolisms is a sensible idea if you have a long plane flight ahead of you.

When you get there

Relax for a short time, but check out where the fire escapes are. Check that phones are working and that everything is in place. There is no need to get paranoid, but you never know when something might happen.

If you notice anything wrong in your accommodation don’t hesitate to mention it, you are entitled to be safe.

If you are at a beach resort, ask and look for the closest high ground. Unfortunately tsunamis seem to be becoming more prevalent.

Check you have everything you need before you leave

Will you need sun block, insect repellant, band aids? If you take any medications will you need more before your vacation is over? Make sure you have appropriate footwear and clothing to suit the climate or situation you are going to.

Going on vacation if fun and exciting – make the most of it, stay safe and don’t forget your camera.

Additional Legal Resource: Visit The Attorneys at Searcy, Denney, Scarola, Barnhart & Shipley, serving all of Florida.

posted by Admin on Feb 2

Most of us enjoy spending a little time in the backyard, but we often don’t think about safety issues. Keeping the outdoors safe is important to prevent personal injury not only to ourselves and our families but also for visitors. It is worth doing frequent maintenance checks to be sure accidents don’t happen.

Pools

Make sure your pool has child proof locks and that any fencing and gates are kept in good repair. While you may not be responsible for someone climbing over your fence you could face a lawsuit if there are holes in the fence or locks are not secure.

Decks and Patios

Always be sure that your deck or patio is in good condition too. If you are buying a new house include a stress test in your building check. Replace any flooring material that may be worn and keep the surface clean from any build up of moss or lichen. Many people like to put potted plants on their decks and patios and they can be very effective. Just be sure the pots don’t become too heavy and risk your deck collapsing.

Barbeques

Barbeques make for great family fun and entertaining, but they can also be a potential risk. Gas bottles should be checked regularly by an authorized person. Keeping both the range and the cylinders clean is important to stop any build up that could cause a fire. Use long handled BBQ tools when cooking to avoid burns, but keep them out of the way of children. A barbeque fork can do a lot of damage when used as a toy or a weapon. If you have very young children it may be worth using a safety gate around the BBQ.

Garden Tools

Always lock away any tools you may have including lawnmowers. A rake left lying on the ground can be a potential hazard as can garden forks, spades and hoes. If you keep any sprays, fertilizers or gas for use in the garden they need to be under lock and key too. Avoid using slug and snail baits if you have toddlers around.

Paths and Driveways

These should be cleaned regularly as they can become slippery. If you have paving stones make regular checks for any loose ones and get them repaired. Tripping on a loose stone can cause major injury. Install adequate lighting for any pathways. Don’t let children play in driveways ever. Too many injuries and deaths are caused by people backing over little ones that can’t be seen.

Trees and Shrubs

Do a check around your garden to make sure you have no poisonous plants growing. If you aren’t sure what something is search the internet to find out. Make regular checks on large trees for any loose or poking out branches that could cause harm. Always make this check after a storm too. Make sure trees aren’t touching power lines too.

Other possible hazards

Make routine checks for any holes in the ground and fill them in. Check for any broken glass, tin cans or other dangerous materials. We never put them there ourselves but it is amazing how these things can just appear.

More Information On Filing Premises Liability Claims In Coral Springs and Southern Florida, Visit The Weinstein Law Firm.

posted by Admin on Feb 1

Cerebral Palsy (CP) is a blanket term that defines motor skill ability deficiencies which result in various physical disabilities. These bodily movement defects are not contagious and are not progressive in nature.

The word cerebral is a reference to the part of the brain known as the cerebrum – which is the affected region, in the case of cerebral palsy. The word palsy refers to a movement malfunction. The disability is caused by damage sustained by the area of the developing brain that controls motor functions and usually occurs in the fetal stage, during pregnancy (around 75%). CP can also occur during childbirth (around 5%) and up to age 3 years (around 15%).

CP disorders are characterized by impaired movements and can also involve permanent disturbances involving perception, communication, epilepsy, sensation and cognition. These conditions, that limit activity, are directly connected to the non-progressive injury sustained in the cerebrum.

At this time, there is no known cure for any manifestation of CP. Medical assistance is mostly limited to addressing the complications that can arise from CP.

Studies have indicated that has been a slight rise in incidents of cerebral palsy in recent years. This can be attributed to the fact that modern medicine has increased the chances of survival for babies born at very low birth weights. Unfortunately, these low birth weight infants are more likely to have acquired cerebral palsy.

While, in certain instances, no direct cause for CP can be identified, other cases can be related to problems that occur in the intrauterine development phase. This may be initiated by radiation exposure, lack of oxygen prior to birth, infection. Other causes can relate to a trauma that occurs during labor or delivery. Cerebral palsy is also more common in deliveries involving more than one child.

There have also been studies that indicate CP may be caused by the presence of a dead twin that was sharing the same placenta. In a case such as this, the live infant was sharing the same oxygen and blood supply of the twin that died early on in the pregnancy. Although not all twins share the same blood supply, there is a link between those that do and the percentage of CP occurrences. Cases in which a small dead fetus is found attached to the placenta of a live birth are more common than many people realize.

Please note that this article is for informational purposes only and is not intended as legal advice.

Illnesses falling under the category of cerebral palsy can have many causes. Bloom Legal, in New Orleans, Louisiana may be able to shed more light on this situation, You can find out more by clicking here.

posted by Admin on Feb 1

Suicide ranks among the greatest, and most preventable, health problems in the U.S. today. It was the 11^th leading cause of death in the United States in 2006 with 33,300 deaths (or 10.9 deaths per 100,000 individuals). There are also an estimated 12-25 suicide attempts for every death caused by a suicide.

Statistical research demonstrates that suicide risk factors can include; depression (among other mental disorders) and substance-abuse problems. However, more than 90% of those who have died by suicide had certain risk factors in common such as: family violence or sexual abuse, time spent in prison, family history of suicide, family history of substance abuse issues, firearms located in the home and prior suicide attempts.

It should be noted, though, that suicidal behavior is an abnormal response to stress. There are many individuals who have the aforementioned risk factor characteristics – but are not suicidal. Medical research has shown that a decreased level of the chemical serotonin, in the brain, is a common factor in many suicide attempts, depression disorders and impulsive disorders.

In 2006, suicide was the 7^th leading cause of death for males and the 16^th leading cause of death for females. This translates into the fact that four times as many males die from suicide than females. The most common methods of suicide, by far, are firearms, poison and suffocation. For males, though, firearms are the most common suicide method (56%) and for females, the most common method is poison (40%).

Suicide ranked as the third leading cause of death for people between the ages of 15 and 24 in 2006. For children (10-14), the suicide rate was 1.3 per 100,000. For adolescents (15-19), the suicide rate was 8.2 per 100,000 and for young adults (20-24) the suicide rate was 12.5 per 100,000. While the predominant means of suicide involved firearms for young adult and adolescents, children were more likely to use suffocation methods.

Older Americans are more at risk for suicide with 14.2 deaths per 100,000 over the age of 65 which sharply contrasts with the 10.9 per 100,000 in the overall population. The highest rate reported was for non-Hispanic white men over the age of 85 at 48 deaths per 100,000.

For ethnic groups, the highest suicide rate was for Native Americans and Alaskan Natives with 15.1 per 100,000.

Please note that this article is for informational purposes only and is not intended as legal advice.

There are times when an insurance company may refuse to pay, in the case of a suicide – for further website information, visit the Law Offices of Adrian Philip Thomas, P.A. located in Fort Lauderdale, Florida.