Buzzin’ on the Caffiene

Bicycle Accidents

Posted by on Oct 26, 2015 in Accidental Death | 0 comments

Utilizing a bicycle as your primary way of transportation might be a powerful approach to conserving cash and receiving a good workout since odors are not emitted and they are better for the environment than cars. Yet, utilizing a bicycle comes with particular dangers, notably when you need to share the road with dangerous drivers.

Occasionally innocent bicyclists are harmed by dangerous drivers because they don’t honor prerogatives and the rights of cyclists’ property. In many instances, bicycle injuries are extensive due to the fact that they are subjected to the elements and are often being flung from their bicycle when hit by a driver. A bicyclist’s injuries can cost a lot of cash in the long term, making it extremely difficult to keep a secure fiscal state. But if another individual is the explanation for the cost of your injury, perhaps you are to get the monetary help.

According to the National Highway Traffic Safety Administration, bicycle mishaps can happen virtually anywhere, however they do most often appear in high traffic areas, like parking lots, parks, and traffic lights. In such areas, the possibility of a bicycle injury accident is raised, especially if motorists are behaving unsafely.

Hazardous Driving Behaviors

Many bike injuries happen as an effect of harmful car drivers instead of other riders. As a result, these behaviors often exhibited by hazardous motorists present great difficulties for bicyclists:

  • Quick or harsh turns
  • Not yielding to bikers
  • Not checking blind spots before changing lanes
  • Utilizing mobile devices while driving
  • Speeding

These behaviors are inherently hazardous, particularly for cyclists who may possibly be incapable of considering defensive action. Based on the Sampson Law Firm internet site, cyclists have legal rights when they might be struck by a dangerous motorist.

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Power Morcellators: Medical Advice Increases Risk of Cancer Spreading

Posted by on Jun 20, 2015 in Medical Devices | 0 comments

Uterine fibroids are often considered as a primary medical concern among women around 30 to 50 years of age. These non-cancerous tumors grow within the walls of the uterus and can cause several symptoms and complications. Fibroids can cause heavy bleeding during menstruation, longer and more painful menstrual cycles, pelvic and back pain, frequent urination, and enlargement of the lower abdomen. Fibroids can also affect fertility and cause complications during pregnancy and labor. These symptoms don’t usually appear for every patient. However, when they do, the patient has several treatment options.

One option available to women with fibroids is to undergo a laparoscopic procedure to have the growths removed from their uterus. This option significantly reduces the risk of infection and cuts down on a patient’s recovery time. In this procedure, physicians typically make use of a device called power morcellators to cut down the fibroids and make them easier to remove. Morcellators work through the use of a fast-spinning blade that breaks down fibroid tissues so that the tumor can be extracted through smaller incisions. While the device has proven to be quite effective in the extraction of benign growths in the uterus, recent findings show that morcellation isn’t without some significant risk.

Recent developments show the use of power morcellators can exacerbate the spread of uterine cancer in women. This concern was raised by the Food and Drug Administration through a statement issued in 2014. In their report, the FDA pointed out that morcellators can be very dangerous for patients with undiagnosed uterine cancer. The tumors caused by uterine sarcoma, metastatic leiomyosarcoma, and endometrial stromal sarcoma—cancer growths that are all particularly hard to diagnose—have very similar characteristics to fibroids. The fast-spinning blade of power morcellators that break down a malignant tumor will only cause the cancer to spread more easily.

In May 2015, the Wall Street Journal reported that the Federal Bureau of Investigation is probing into the hazards linked to the use of power morcellators. In particular, they are looking into Johnson & Johnson, the largest manufacturer of the said device. According to the FBI’s on-going investigation, it seems that the pharmaceutical giant has been aware of the potential danger caused by morcellators even before they pulled their products off the market the previous year. This development only bolsters the argument made on the website of Williams Kherkher, emphasizing the fact that medical device manufacturers must be held accountable for dangerous products that fall short and cause devastating outcomes.

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Deaths to Medical Malpractice

Posted by on Mar 17, 2015 in Medical Mistakes | 0 comments

To perish before you are even given the chance to prove yourself as a person can be one of the cruelest fates that can befall a person – especially someone as innocent as a newborn child, someone who has yet to see the outside walls of a hospital and feel sunlight on his or her skin. There are some very rare instances wherein this kind of nightmare situation comes from genetics; there are simply some things that cannot be helped. However, there are some instances just the same wherein these circumstances are due to the negligence of someone else – and that is when the victims are warranted to pursue justice and retribution against the horrible wrong done unto someone so innocent.

Cases of that nature – birth injury, that is to say – are under the umbrella term of medical malpractice, which falls under the responsibility of personal injury. Things like this can get complicated as the legal attorneys that victims need to seek out are those who specialize in these kinds of complicated cases. The lawyers needed for cases like this need not only irrefragable knowledge of personal injury law that the court abides by (as the laws are subject to some discrepancies per state) but also confident knowhow on the medical jargon and the case at hand, in order to properly represent the case in a court of law.

According to the website of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A., in Florida, there are more people who die due to medical malpractice than car accidents. They have also gone on to state that one in every three medical mistakes results into the death of the patient. Hospitals are often backed up by insurance companies – corporations who have an array of lawyers who will do all it takes in order to make sure that the guilty party need not pay out the compensation that the victim so rightly deserves. This is unacceptable and justice serves only those who are in the right of it – the right kind of legal team will and should ensure this.

If you or someone you know has fallen into the unfortunate circumstance of having been a victim of birth injury or medical malpractice in general, it is recommended that specialized legal help is sought out in order to be given the best possible representation, and thereby awarded the best possible compensation to better recover from such a horrid incident like this.

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Spring Break Arrests

Posted by on Jan 21, 2015 in Criminal Arrests | 0 comments

For many young individuals all across the US, spring break means time for great fun and great fun can mean skipping out of town to a perfect vacation retreat. While a long drive to another US state can be exciting, it is often necessary to first get to know the specific laws of the state one is planning to visit, especially its laws on driving, DUI, possession of alcohol or illegal drugs, which young vacationists sometimes use recklessly.

States may differ in treating or in punishing illegal acts, like DUI or minor in possession (MIP) of alcohol but, definitely, what is considered to be a crime in one state remains to be a crime in another. And, if caught committing an illegal act in the state visited, it is that state’s to be applied rather than the state where the violator resides.

Those who are caught, for instance, of possessing alcohol can be charged with possession of alcohol under the legal age (PAULA) or minor in possession (MIP). PAULA or MIP is a violation of the National Minimum Drinking Age Act, a federal mandate that was passed in 1984. This law forbids minors, who are below 21 years old, to possess or purchase alcoholic beverages in public (except under certain conditions).

The usual punishment of those charged for the first time with PAULA or MIP (so long as the offense does not involve public intoxication or DUI/DWI) is a fine not less than $100 but not more than $200. Repeat offenders, however, can be required by the court to render community service or participate in an alcohol education program or DUI school besides paying a fine. The suspension of driving privileges is also applied in other states.

On its website the Flaherty Defense Firm speaks about the many arrests made by police officers in Destin, a favorite spring break destination. These arrests become sources of much inconvenience to charged individuals as they would be required to make back and forth state to state trips just to deal with the charge made against them. While leaving Destin without first resolving the specific crime an individual has been charged with is a very unwise move, hiring the services of a dependable and dedicated Destin criminal defense lawyer is. First, being represented by such lawyer will eliminate the inconvenience of having to travel back and forth to Florida and, second, it is possible that the lawyer hired will be able to argue and convince the court to have the charge dropped instead.

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The Advantages of a Postnuptial Agreement

Posted by on Jan 19, 2015 in Family Law & Divorce | 0 comments

Until the early part of the 1970s the notion of a husband and wife executing a postnuptial contract was considered impossible for the simple reason that a legal contract involved two or more persons who express mutual consent to the contents of the agreement being entered into. Since marital unity made a husband and a wife a single person, a postnuptial agreement, therefore, could never be legally valid, as one cannot enter into a contract with one’s self. This legal position was maintained even after US courts dismissed the concept of a man and a woman being only one person after their marital union, arguing this time that postnuptial agreements only encouraged divorce.

The rise of divorce rates in the 1970’s and onwards, as well as the recognition of “no fault” divorces, however, caused a stir in the legal stand, leading to the acceptance of postnuptial agreements in American jurisprudence.

Postnuptial agreement, otherwise called marriage agreement, post marriage agreement, postmarital agreement or postnup, is a voluntary written contract executed by a couple after marriage or a civil union. While some couples enter into this agreement to prevent conflict and promote harmony in their relationship, others choose to execute it to remove causes of disagreements over finances, assets, and other issues that may arise in the event of divorce or separation, control unacceptable behaviors, like over-spending or adultery, or set parameters over asset and property division (after divorce) due to changes in financial status brought about by changes in investment income, receipt of an inheritance, sale of a business or changes in one’s career.

While the validity of postnuptial agreements differs from one state to another, the criteria used by judges to define its validity are the same. These criteria include: its reasonableness to both parties; the contents of the contract are mutually consented to by both husband and wife; and, the full disclosure of each other’s assets.

A legal contract will definitely affect each other’s financial situation after divorce. Divorcing couples should consider consulting an experienced lawyer, like one of the Raleigh divorce attorneys, as this will be vital in helping ensure protection of their rights, interests, and futures. Furthermore, a postnuptial agreement can eliminate conflict and save the couple from heartache and significant costs in time and money so long as it clearly points out the terms of marriage.

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Workers’ Compensation Benefits

Posted by on Jan 16, 2015 in Workplace Injuries | 0 comments

In 1970 the Occupational Safety and Health Act (also called OSH Act) was passed into law for the purpose of ensuring a safe and healthy working environment for workers all across the US. The task of enforcing this mandate from OSH Act was made a responsibility of its offshoot, the Occupational Safety and Health Administration or OSHA.

The mandate to keep working environments safe and healthy is specially needed in construction and industrial sites where accidents are very common due to the hazardous substances and dangerous equipment used in these workplaces. Thus, to make these sites more safe, the following additional requirements were made by OSHA: wearing of proper protective gears in working areas, especially against falls and falling objects; appropriate lighting in passage ways and in places where work is performed; keeping stairways and ladders sturdy and safe; installation of ground fault-circuit interrupters (GFCIs); stationing of fire extinguishers with a 2A-rating every 3000 square feet; stationing of eye wash and body-flushing areas within 25 feet from battery-changing places; and, placing of clearly visible and readable accident-prevention or “danger” signs and the removal of these signs when there is no longer danger.

Sometimes, though, despite compliance with OSHA safety standards and training of workers in the observance of these standards, workers still end up becoming neglectful in some of their duties because of exhaustion or some other reasons. The problem is, these acts of negligence are the very causes of accidents that result to injuries or, worse, death of unsuspecting victims.

Individuals who sustain job-related injuries or develop a job-related illness, due to exposure to hazardous substances (even if the illness gets diagnosed years after exposure to such substances), should know that they are entitled to receive fast and sure financial benefits from the Workers’ Compensation Insurance that is mandated to employers.

Workers’ Comp covers wages lost, cost of medical treatment, disability, rehabilitation and death. To avail of the benefits injured workers do not have to file a lawsuit; they simply have to inform their employer of the injury, when it was sustained and the circumstances leading to the injury. The necessary claims form, to be supplied by the employer, will need to be filled out correctly and substantiated by all proofs concerning the injury or illness, which is to be verified by an accredited doctor. All proofs and the claims form will need to be filed with the state’s Workers’ Comp within the statute of limitation set by the state – this usually six months to two years after the injury was sustained or after the illness was diagnosed.

Many of those who file benefits claims handle the whole process, from the filling out of the claims form to the preparation of all substantiating documents to the filing of the claims itself, by themselves. Doing things by themselves, however, has resulted to unforeseen mistakes, which are usually technical (like a missed signature) or late filing of claims.

According to the website of lawyer Robert Wilson many applications get denied (often due to mistakes) or, if approved, are offered inadequate compensation. This is why the firm emphasizes the importance of seeking the assistance of highly capable Workers’ Compensation lawyers.

The Williams and Kherkher attorney’s are knowledgeable in the details concerning Workers’ Comp law and benefits. It will be in the best interest of the injured or ill worker to seek his/her assistance.

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BP Oil Claim Appeals: Causes of Delayed Claims Settlement Payment

Posted by on Jan 12, 2015 in Oil Spill | 0 comments

The court hearings on the compensation of many business firms which claimed to have suffered economic losses due to the oil spill in the Gulf of Mexico in April of 2010 still seem endless. The bad news is, the statute of limitation on matters relating to compensation, was set by the Oil Pollution Act to three years: it is almost five years now since the spill happened.

In 2012 British Petroleum (BP) signed a settlement agreement which would pay businesses for their losses due to the spill. Since then, BP has already paid as much as $2.3 billion in settlement claims. The giant oil firm, however, argues that the agreement has fallen to misinterpretation, for instead of requiring the businesses to first prove the connection of their financial losses to the spill, Patrick Juneau, the court-appointed administrator of the settlement fund, already recognized a claim as authentic so long as the business is able to show smaller earnings during the months that immediately followed the spill. Arguing along this line, BP may definitely have a point; the courts, however, did not recognize BP’s argument, rejecting the successive appeals it filed instead, the last one on the 4th quarter of 2014.

These appeals are seen as BP’s means of delaying payment or from keeping itself from paying what it believes are fraudulent claims, but recognized and approved by Juneau still. In an article posted on the website of the Williams Kherkher law firm, says that BP also negotiated in the agreement the right to appeal claims that exceeded $25,000.

The $2.3 billion that BP has already paid is just a quarter of the $7.8 billion that the oil company prepared to compensate individual and business claimants. But due to the appeals, payments have been stalled, forcing claimants to bear an indefinite waiting period. The long wait, however, has already resulted to some businesses closing down or declaring bankruptcy, but still with no foreseeable date when their claims will finally be settled.

Waiting is an option, but so is seeking the help of a truly dependable claims settlement lawyer, who can help speed up payment of claims.

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