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The Reason Behind Many Truck Accidents

Posted by on Jul 23, 2016 in Truck Accidents | 0 comments

That semi-trucks pose a serious risk to other vehicles on the road due to their enormous size is common knowledge. If a truck driver, therefore, does not possess the required skills that will enable him or her to safely operate a truck, or if he or she commits an error that results in an accident, then fatalities or people sustaining severe injuries are not remote possibilities.

There are more than two million semi-trucks or big rigs currently operating in the U.S. Half a million of these trucks, according to the National Highway Traffic Safety Administration (NHTSA), get involved in accidents every year, accidents which cause more than 100,00 injuries and close to 4,000 deaths. In 2013, the Highway Loss Data Institute, a non-profit research organization, recorded 3,500 fatal large truck accidents. In these crashes, 570 truck drivers died, while the remaining count referred to fatalities which involved drivers of smaller vehicles, motorcyclists, bicyclists, and pedestrians. Non-fatal injuries exceed more than a hundred thousand.

Majority of truck accidents, as proven in a study conducted by the Federal Motor Carrier Safety Administration (FMCSA), are due to the fault of truck drivers themselves (the FMCSA is a separate administration within the U.S. Department of Transportation that has the primary task of enforcing laws that would help reduce crashes, injuries and fatalities involving commercial motor vehicles (CMV), such as large trucks and buses).

Some of the most common truck driver errors identified by the FMCSA are driver fatigue, driving too fast for road conditions, impairment due to use of prescription drugs, illegal drugs or alcohol, overspeeding, lack of experience in operating a semi-truck; lack of focus on the road; distracted driving; failure to check a truck’s “no-zone” areas or blind spots, and failure to make sure that truck brakes are in good working condition.

As pointed out by the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., though many truck drivers and trucking companies do everything they can to stay safe on the roadway, the sad reality is that not everyone exercises this level of caution, putting unsuspecting motorists in harm’s way. Many drivers exceed the set hours of service restrictions, there are those who abuse alcohol and/or amphetamines while behind the wheel, or those who fail to keep their trucks in good working order, exposing everyone on the road to serious risks.

All these acts of failure are due to negligence which can easily be avoided, thus, avoiding too the thousands of accidents it causes. While no one wants an accident to occur, not even the truck driver who may be at fault in the accident, the injuries or death of victims require that the erring truck drivers should only be made to face justice as well as compensate their victims for all damages resulting from (victims’) injuries.

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Memory and Alzheimer’s Care

Posted by on Feb 21, 2016 in Alzheimers Care | 0 comments

Alzheimer’s, a progressive mental deterioration due to the degeneration of the brain, is the most common form of dementia, a general term referring to the loss of memory and other intellectual abilities. Alzheimer’s is a progressive type of disease; it has no known cure and though available treatments may temporarily slow dementia symptoms from worsening, these cannot stop Alzheimer’s from becoming worse.

In 2015, about 5.3 million Americans were said to have been suffering from Alzheimer’s. In its early stage, this sixth leading cause of death in the US causes mild loss of memory; as it worsens, however, those affected lose their ability in carrying a conversation and in responding to their environment.

While this disease usually affects people who are 65 and older, it can also affect those who are in their 40s or 50s. The average life span of those diagnosed with Alzheimer’s is eight years, starting from the time their symptoms become evident; some, however, depending on their age and health conditions have four to 20 years survival rate.

Symptoms of Alzheimer’s, according to SeniorAdvice.com, include memory loss, inability to plan or problem-solve, difficulty completing routine tasks, confusion or disorientation, difficulty understanding spatial relationships, difficulty in forming words (whether through speaking or writing), poor judgment, and mood shifts. The serious effects of these symptoms put those who are affected with the disease in great risk of various kinds of harm. It is because of this why Memory Care is very important on those affected.

Memory Care is a medical program that is particularly centered on the provision of on-site support, stability and supervision. Under this program, patients are transferred to a community, where they may live in a semi-private room, a private room, or in a private home. Besides being cared for by doctors, speech therapists, dietitians, counselors, nurses, and other trained professionals, patients are also provided with services, which include personal grooming, medication monitoring, laundry services, housekeeping, and meal plans among others.

Availing of memory care in specialized communities, however, requires expensive fees. While insurance coverage is always a good source of financial assistance, families of elders or those suffering from Alzheimer’s can turn to public sources of assistance, such as Medicaid, which provides seniors, children, and those of low incomes with long-term assistance (assistance may cover payment for most or all of the expenses incurred). Medicare is another source of assistance from the government, covering the needs of those 65 and older.

Long-term care is not just a concern of elders or those in need of it. It is the concern of all family members. It is, therefore, important that the whole family make plans for the future needs of parents and other senior members of the family.

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Why Prevent Blood Clots?

Posted by on Oct 6, 2015 in Personal Injury, Product Liability | 0 comments

Are blood clots even really that big of a deal? People often do warnings against them during long-haul flights in order to remind people to not remain stationary and stagnant for too long. Why? Because blood clots might happen – but have you ever actually wondered what it is that might be so bad about blood clots and why you should take serious measures in order to prevent them?

The answer is simple: it’s because blood clots can potentially be fatal.

Exaggerating? After all, there is so much blood in the human body, surely a little clot can be easily repaired easily, right? Unfortunately, this is not always the case.

Some people are more prone to blood clots due to their natural states. For example, people who have cancer or are diabetic or smoke are more prone to blood clots than the average person. Women who are pregnant (or are within the six-month post-natal mark) are almost more susceptible to blood clots. According to the website of the lawyers with Habush Habush & Rottier S.C. ®, people who have recently recovered from a traumatic injury or have a faulty IVC filter are also more at risk from blood clots.

How is it so dangerous? Well, blood clots are blockages that prevent blood flow. If an important part of your body – such as the brain or the lungs – were suddenly to stop receiving the necessary blood flow it needed, they would malfunction and the person would immediately die. These situations are no laughing matter and need to be taken very seriously.

There are some surgical procedures available in order to prevent such occurrences such as through IVC filters but there have been some complaints regarding particular ones such as Bard’s G2 IVC Filter wherein patients have gotten pulmonary embolism due to a malfunction in the device. Anticoagulants are also available as preventative measures for the people who are at higher risk or for people who have survived and are recovering from the severe consequences of blood clots.

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Can Insider Trading Affect Me?

Posted by on Sep 9, 2015 in Criminal Charges, Finances | 0 comments

Have you ever bet on a lottery ticket?

A lot of people have. The entire idea of a lottery is that there is an equal chance for every person who bought a ticket to win the cash money and it is all dependent on luck. There is neither prejudice nor influence as it is all about chance. Now, imagine if someone had inside information on what was going to win in the next lottery, they bet on it and then they won. Would that be fair?

That is, in its most basic form, what goes on with insider trading.

Of course, it is leagues more complicated than that due to the variables and factors that go into the how and whys of the situation at hand. In fact, it is so much more complex that before the case is actually, properly proposed to a court of law, the investigation within the company may have been going on for months already, according to the website of the lawyers with Cazayoux Ewing Law Firm.

Can you be affected by an allegation of insider trading? In theory, yes you can be heavily affected by it. Even if you were not knowledgeable with the insider trading that may or may not be happening with the company you work for, it is still possible that you may be brought into the allegation due to the investigation that have spanned through a period of time within the company. It may just be the luck of the draw – the short end of the stick, you might say – and in the case that happens, you’ll want to act immediately in order to make informed decisions so as to what you should do next.

Insider trading is a serious criminal accusation and so it is important, should you be involved in the case, to have experienced representation on your side.

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Worker Injuries due to Industrial Explosions

Posted by on Jul 1, 2015 in Personal Injury | 0 comments

Industrial explosions are one of the most dangerous and damaging types of fires and explosions that can occur. The deadliest industrial explosion in the United States occurred in the Texas City port in 1947, after a cargo ship exploded and killed more than 550 people and left 3,500 more injured. Even with the strict policies of workplace safety and worker protection, fires and explosions in the workplace are still are major and serious threat to workers and people around the area.

The state of Texas has seen its share of industrial explosions. In 2013, a fertilizer plant in West, Texas caught on fire that spread quickly to the extremely combustible stored ammonium nitrate. The resulting explosion reportedly reached 2.1 on the Richter scale and killed 15 people and injured about 200 more. The damage caused amounted to $100 million and the blast resulted to question and uncertainty on the vague safety regulation oversight on the materials being used in the factory. Victims of such accident may seem powerless to pursue huge companies in court and may think it a costly and fruitless endeavor. According to the website of Habush Habush & Rottier S.C.® workers have the right to pursue compensation for damages caused by workplace accidents, and that the company has the responsibility of ensuring that the safety of their workers. If they were negligent or were found not following the safety regulations required by OSHA, they should be held liable for their failure.

According to the website of Williams Kherkher companies should adhere to the policies and regulations that the Occupational Safety and Health Administration (OSHA) requires them to. This is not only to protect the safety and health of their workers, but also to protect themselves for lawsuits that could greatly impact the financial state of the company. Because of the numbers of industrial explosions in the United States, OSHA has made several changes and developments in safety regulations that could hopefully protect workers effectively.

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Criminal Charges and Medical Malpractice

Posted by on Jun 29, 2015 in Criminal Charges | 0 comments

The steady rise of medical malpractice across the country in not only focused on doctors, physicians, or hospitals; a growing statistic of medical lawsuits have been filed against nurses. Although not as frequent as doctors and health facilities in general, nurses are still prone to criminal or civil charges following medical malpractice or negligence. There are a number of reasons why medical professionals, particularly nurses, are prone to malpractice lawsuits.

According to the website of The Leichter Law Firm PC nurses not only risk their professional license when being civil or criminally charged, they can also be imprisoned for it. The effects of a criminal charge for a nurse extend not only to their professional life but also to their personal and social life. Medical mistakes and errors occur for a number of reasons. One of the reasons for the rising medical errors and mistakes that nurses commit is due to stress and fatigue. The insufficient number of nurses across the country has lead to overworked nurses. Understaffed departments have to take more responsibilities out of necessity, causing stress, fatigue, and lack of sleep and focus. This could eventually lead to errors in judgment that would ultimately affect the patient’s wellbeing.

With people being more and more aware of their rights and are not afraid to sue, nurses have become easy targets for medical lawsuits. In the context of medical malpractice lawsuit, anyone can sue when they think there is injury. Because of the severity that a civil or criminal charge can have on a professional nurse’s license, it is important for nurses to have their own liability coverage aside from what the hospital offers to ensure that there are other people who are looking out for their best interest. According to the website of Law Offices of Richard A. Portale, P.C., a white collar crime only aims for personal gain. Meanwhile, medical malpractice lawsuits are usually due to medical errors stemming from misjudgment. They are not generally aimed to hurt or injury, and are rarely for personal gain.

In order for nurses to protect themselves from possible medical malpractice lawsuits or any medical errors in the future, simple measures such as proper documentation and recording can ensure that the chain of events can be reviewed without any guesswork. Sharing information with the patient, and double-checking the prescription can help, as well as trying to prevent stress and fatigue from overworking.

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Why Would I Need an SR-22?

Posted by on Jun 28, 2015 in Insurance | 0 comments

There are a number of reasons why the state may require a motorist to carry an SR-22 form. Although each state can have their own specifics on their forms, the SR-44 is generally a Certificate of Financial Responsibility (CFR) that will confirm the bearer is carrying the liability coverage mandated by the state on their car insurance policy. The state may require you to carry an SR-22 under a number of reasons, such as:

  • Driving with a revoked or suspended license
  • Committing DUI/DWI offences
  • Being determined to be the cause of an accident when uninsured
  • Committing various traffic violations within a short period of time
  • Other considerable traffic offences such as reckless driving or speeding

It is important to know which form you need. This first thing to do when looking for SR-22 coverage is to contact your insurance provider when getting insurance quotes. It will be your insurance provider who will submit the forms to your State’s Department of Motor Vehicles. You are more likely to purchase a SR-22 policy if you are currently not insured before having your driving license is restored. Furthermore, there are instances where drivers who need to purchase the policy are required to pay for the full term, and with SR-22, you will be put in a high-risk category that could demand a higher premium than those who are not required to carry SR-22. In order to combat such increase in rate is to prove to your insurer that you are a responsible driver by driving safely for an extended period and avoiding traffic violations.

Make sure that your insurance provider is authorized to file for SR-22, since not all are given the right to file. Likewise, since SR-22 policies are required to be completed are mandated by the state, drivers are not given the option of cancelling their coverage mid-term. Should there be a reason for a policy cancellation, your insurance company should to inform the state, and within weeks of the state’s knowledge of the SR-22 cancellation, your driver’s license can either be suspended or revoked.

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Making Changes to a Will

Posted by on Jun 27, 2015 in Finances | 0 comments

Any corrections, additions, altering, explanations, or changes on a signed and legalized will would require a codicil. Chicago estate planning lawyers would probably inform you that codicils are legal documents that certify any amendment to a will or add any additional information to a person’s will. However, just as with any legal document such as a will, most states prefer to have been signed and witnessed by two witnesses. When done so, it will become a legal part of the will and will be attached to the will they specify to. Codicils should not be considered as stand-alone documents and does not have the authority to revoke a will unless otherwise clearly stated.

It is likewise important to know that in certain states, codicils that are handwritten and are holographic will are considered legal and acceptable amendment. The testator (the person who made the will) will have to sign the document, and the court has to prove that the will or holographic codicil was written by the testator. Since creating a will is very easy, holographic will or codicil should only be considered as a last resort.

Many testators choose to go with codicils rather than making a new will because they are more economically convenient. Making a codicil cost less than preparing a new will. Still, if the will needs comprehensive changes, making a new will would be a better option than filing a codicil. Codicils are only used in situations when you can change a provision in your will.

What can make a will complicated, however, are issues such as changing your will or codicils for the last will and testament. You are not alone if you need help planning your estate.

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Businesses and Individuals Filing for Bankruptcy

Posted by on Jun 25, 2015 in Finances | 0 comments

Bankruptcy is viewed as the last option of a person or business that is unable to pay for their accumulated debts or is having trouble managing their finances. Aside from choosing the right type of bankruptcy that would best suit your situation, those who file for bankruptcy should also consider the tax implications that the bankruptcy will give when applying under the Bankruptcy Code. Because there are a number of tax considerations that need to be assessed by the individual or business that is filing for bankruptcy, Raleigh Chapter 11 bankruptcy attorneys would point out the fact that it is important to look for help.

One thing that bankruptcy filers should look into is the preservation of the troubled company’s Net Operating Losses or NOLs. Because Chapter 11 bankruptcy is aimed to restructuring the financials of the company, it is very common to have changes in the control that could eventually limit the debtor’s (the troubled company) use of NOLs. The IRC’s §382 is administered to situations where the company is undergoing a change in either equity structure or ownership, thus limiting the restructured company’s NOLs to an amount that corresponds to the company’s equity value before the equity shift or change in ownership multiplied by the long-term tax exempt rate as serially provided by the IRS.

Furthermore, it is also important to consider the tax concerns of income connected with the cancellation of debt (COD). This is because the IRS regards cancelled debts (either in full or in part) as a taxable income (which is subject to exceptions) considering the debtor’s financial position has been improved due to the cancellation of debts. Excluding the COD income can significantly reduce or even cancel the debtor company’s NOLs and other tax attributes.

There are other factors that should be examined, such as the taxation of the bankruptcy estate, the taxation of the debtor, and the discharge of income tax liabilities. Because bankruptcy law is very complex and states can have different interpretations and own regulations, it is important to hire lawyers who can point you to the right direction and help out with your legal decisions. They can also provide insight on whether or not bankruptcy is the best option to choose.

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Defining Reckless Driving

Posted by on Jun 24, 2015 in Personal Injury | 0 comments

Reckless driving is defined in legal terms as “driving with a willful or a wanton disregard for the safety of other people and property”, and is generally considered a misdemeanor crime. This would indicate that constitutional rules are applicable for prosecutions for this traffic violation. It is the prosecution’s responsibility of proving their case beyond reasonable doubt, and those who are charged still have their Miranda rights. Those who have been proven guilty of such charges, especially if there have been property damages or injuries involved, can suffer severe penalties.

Lake Charles personal injury attorney may mention that the key element in a reckless driving case is the blatant disregard of the defendant to the safety of people and property. Proof of any actual damage to a person or property is not really required, but that the act put the driver himself at risk of an accident. According to the website of the LaMarca Law Group, P.C., victims of reckless driving have the right to sue the negligent driver for damages. Taking legal actions would warrant compensation that is useful to help cover for medical bills and other damages, as well as serve as a warning or punishment for the driver to not engage in the same manner again.

Majority of the states in the US require a reckless driving case to be valid when committed on public roads. However, there is an increase in courts addressing reckless driving in private places, such as parking lots in shopping centers and amusement parks. If your state’s law does not include or mention exclusively that reckless driving should occur in a public road or street, then a case can be filed even if the accident occurred in a private place. However, it is still important to consult with a lawyer who knows the laws in your state before filing a reckless driving case.

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