A Bird's Eye View on Home Improvement

Eat, Drink and Be Merry…but Don’t Drive

Posted by on Oct 28, 2014 in Drinking and Driving Law | 0 comments

Texas is known to have tough driving while intoxicated (DWI) laws, and this is backed by stringent enforcement in response to public pressure to crack down on violators. It is understandable to want drunk drivers off the street because they do run a high risk of accidents, but sometimes you can get caught in the middle.

Holidays are an especially prickly time for Dallas law enforcement because a lot of people tend to get carried away with the merrymaking all at the same time all over the city. Most people are aware that getting behind the wheel after a convivial evening is not a good idea, but with nary a designated driver in sight, options are limited. There is no intention to do harm, but the tendency is to believe that since nothing untoward has happened before, nothing will happen this time. That is, until something does happen and you get arrested for DWI.

A DWI is no small potatoes anywhere, and Texas is no exception. Depending on the circumstances of an arrest, you could be facing anywhere between 72 hours to 99 years in prison plus jail time, license suspension or revocation, liability lawsuits…it is the crime that just keeps on giving.

However, an arrest does not necessarily have to lead to conviction, even if there seems to be overwhelming evidence for one. As the lomtl website states, there are many ways that a case may have been mishandled, from the original stop to the handling of the evidence, which can mean a dismissal or at least probation for the defendant. A competent Dallas criminal defense lawyer will find a way if any at all exists in a particular case. The important thing is to submit to field sobriety tests but refrain from giving any additional information or explanation without consulting with a lawyer first about your rights in such a situation.

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Applying for an SR-22

Posted by on Oct 13, 2014 in Insurance | 0 comments

A certificate of financial responsibility or SR-22 is required in Illinois for certain drivers who may have safety responsibility shortcoming and have had their licenses cancelled or suspended. The certification is issued by a state-accredited insurance company to the office of the Secretary of State, which then has the authorization to impose a further license suspension or revocation if the SR-22 is cancelled (for violations of the conditions of the certificate) or expires.

When applying for an SR-22, you have to be sure that the insurance company is authorized to issue them, and has a power of attorney in Illinois on file. As may perhaps be ascertained on inquiry with the website of Insure on the Spot, an SR-22 is issued as one of three types: an operator’s certificate for drivers that do not own the vehicle they operate, an owner’s certificate is intended to cover vehicle/s owned by the applicant, or operators-owners certificate which provides guarantees for all vehicles that are operated by the driver, owned or not.

The process of applying for an SR-22 is certainly not the same as a standard car insurance which you can usually get on the spot upon payment. With an SR-22, the insurance agent has to request for one from the central office. Once it is accomplished, the SR-22 is sent to the office of the Secretary of State where it may take a month or so to process. The applicant is then provided with a copy of the SR-22 as well as a letter from the office of the Secretary of State.

The certificate has to stay in effect for 3 years in Illinois, and renewed every year 45 days before it expires to avoid problems. The failure of which will result in a driving record suspension when the insurer forwards an SR-26 or Cancellation Certificate to the Safety and Financial Responsibility Section, which can only be lifted when and if the SR-22 is reinstated.

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The Severe Consequences of Truck Accidents

Posted by on Jul 23, 2014 in Personal Injury | 0 comments

On May 29, 2013, near Syracuse, New York, a truck’s trailer came loose and crashed into an approaching minivan; of the minivan’s eight passengers, seven were killed – four children, with ages ranging from 4 – 7, and three adults.

A week earlier, on May 24, somewhere in Washington state, a truck rammed into a bridge’s support beams, causing one area of the bridge to collapse and sending cars, with their drivers inside, into the cold waters of the Skagit River.

In the accidents mentioned above, the truck drivers were perfectly safe; the victims, however, were either dead or severely injured. This is a usual result of motor vehicle accidents were trucks are involved. Due to the size of trucks, as well as the much heavier materials these are made of, losses (whether lives and/or properties) are always on the side of the much smaller, or slower, vehicle).

Every year, about 4,500 deaths in accidents that involve trucks are reported to the Department of Transportation. The US DOT, with the Federal Motor Carrier Safety Administration (FMCSA) and each state’s department of transportation, which has its own set of laws that govern the trucking industry, work together to lessen truck accidents and make US roads and highways safe, especially for other motorists.

Besides laws that mandate trucking firms to ensure that trucks are always in good condition (requiring regular checking and maintenance of these huge vehicles), laws are also imposed regarding the hiring and training of truck drivers (including mandates to keep drivers, who lack the skills required in operating a truck safely, off the road). Laws also specify the maximum number of hours that drivers are allowed to drive continuously and the total number of hours of rest they should be given.

The blood alcohol concentration (BAC) limit for commercial drivers has also been set to 0.04%, while on January 3, 2012, a mandate on the total banning of cell phone use (which included reaching for, holding or dialing a cell phone) was passed. This was followed, a year after, by a law, which required the use of a Bluetooth headset, a safe way of taking and making calls without losing one’s focus on the road.

The laws were specifically intended to address the identified major factors that caused trucke accidents – driver fatigue and sleepiness, drunk-driving and distraction due to cell phone use. There are many other laws and standards imposed by the government to make roads safer from trucks, as truck accidents almost always lead to catastrophic results. If involved in a truck accident, victims should seek the help of a personal injury lawyer. The tort law, under which personal injury is classified, can be more than complicated to the victims and their families. Allowing a highly-qualified and competent lawyer to represent victims is, sometimes, the only means to enable these victims to merit the compensation that they legally deserve.

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Mechanical Doctors – The Wonders of Medical Technology

Posted by on Dec 8, 2013 in Technology | 1 comment

There’s no doubt about it – the new doctor in the house is more than committed to perform the daily rounds to check on patients’ conditions . . . every day and at any time. The only thing is, it’s not human; it’s a robot.

For some years now, hospitals have been employing robots to help perform doctors’ tasks from the most basic, such as checking on patients through daily rounds, to the most complicated, think minimally invasive surgery. And since these robots have been specifically designed to perform hospital duties, they’re really great in what they do and can do.

Two famous robots that have been approved by the FDA are the da Vinci Surgical multi-armed robot and the RP-VITA Remote Presence Robot, the very first navigation remote-presence robot that has been approved hospital use. Thus, the next time a doctor checks on you, even if its hand is mechanical, never be surprised; it’s just your friendly robot doctor which is just making sure you’re perfectly alright.

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What You Need to Know when Seeking a Nonimmigrant Visa

Posted by on Oct 23, 2013 in Immigration Laws | 0 comments

Obtaining a nonimmigrant visa is a confusing process for the majority of people looking to work or study in the United States. In order to move the process along quickly many people seeking visa status hire a lawyer. Nonimmigrant visas are classified under two categories, those based on employment, and those based on factors not dealing with employment.

Typically work-related visas are available to people who only plan on working temporarily in the United States. Many of the visas, like the H-1b, H-2b, and L-1a allow people to work up to three years before their visa is up for renewal. According to the website of the Law Office of William Jang PLLC, there are derivative visas for children or family members of people seeking temporary work visas. Most times derivative visas for children under the age of 21 allow (even require) them to attend school.

Some of the nonimmigrant visas based on employment are available to specialty professionals, transferees from international companies, religious workers, temporary business visitors, and treaty traders. In some cases, people looking to obtain an employment visa must have worked in their native country for multiple years before they are eligible to receive a visa.

In addition to employment-based visas, nonimmigrant visas can also be for people not seeking employment, like the spouse or fiancé of a United States citizen, a student, or a long-term visitor. Additionally, the Visa Waver Program (VWP) allows temporary visitors to forgo the process of trying to get a visa. In order to qualify for the VWP program, the visitor must be able to prove that they have sufficient funds and that the duration of their trip will be 90 days or less. Currently, 35 countries participate in the VWP program.

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Skin Care Tips

Posted by on Oct 18, 2013 in Health & Beauty | 1 comment

Beautiful skin is sought after by almost every woman in America. We are exposed to flawless-looking women in the media and attempt to emulate their skin through all sorts of (useful and crazy) remedies. Below is a list of simple, non-crazy, steps to take in order to improve the overall look and feel of your skin:

  1. Avoid Sun Damage. Using sunscreen and avoiding the sun between 10am and 4pm, which is when the suns rays are their strongest, helps reduce your chances of skin cancer and also slows your skin’s aging.
  2. Stay Away From Cigarettes. Not only does smoking make you look older, it also is a major producer of wrinkles.
  3. Cleanse Carefully. Choose mild cleansers, shave carefully, and moisturize with a moisturizer that contains SPF. All these things help retain moisture in your skin, adding to its healthy glow.
  4. Eat Healthy. Having a healthy, mostly natural, diet can help your skin look its finest. Eating processed foods can cause acne and oiliness.
  5. Exercise. Exercising releases oxygen and nutrients to your skin, while also burning calories!

Keeping these tips in mind during your daily life will help your skin look amazing not only now, but in the long run as well.

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Actos’ Adverse Effects are Obvious Acts of Negligence

Posted by on Oct 18, 2013 in Defective Pharmaceuticals, Personal Injury | 0 comments

For a number of years after 1999, Type II diabetes patients benefitted from an oral drug that helped them manage their blood sugar level and reduced the quantity of glucose released by the liver. With no known cure to their illness and fully confident of their doctor’s capabilities, Type II diabetics accepted whatever drug was prescribed to them.

One oral drug that was recognized as very promising was Actos. Produced by Takeda Pharmaceuticals USA, Inc., and certified by the US Food and Drug Administration, Actos, or Pioglitazone, was released to the market in 1999. A year after its release, the drug was approved by the French Medicines Agency for distribution in France and then eight years later, it became one of the 10 most prescribed oral diabetes drugs in the US.

Since its release millions of people around the globe have been prescribed with the drug Actos. Thus, in 2010 many were taken aback by with the findings of a group of researches that studied Actos. The study brought into the open the many adverse effects caused by the drug, which Takeda maintained to be totally safe.

The effects ranged from mild to life-threatening; some patients have even suffered death due to Actos. Some of the mild effects caused by Actos include urinary tract infection, hypoglycemia or low blood sugar, upper respiratory infection, fever, dizziness, muscle pain, chills, limb pain and diarrhea. The severe ones are bladder cancer, lactic acidosis, heart and liver failure and macular edema.

In 2011 France and Germany banned the distribution of Actos in their countries. During this same year too the estimated number of lawsuits that seemed would be filed against the drug’s manufacturer Takeda reached more than 10,000.

Many more are expected to come to the open and seek justice from Takeda’s great act of irresponsibility and negligence. Type II diabetes is serious and hard enough for anyone to suffer from; adding bladder cancer to one’s suffering would redound to a major unjust offense.

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Medical Malpractice Suits Curb the Threat of Bankruptcy

Posted by on Sep 21, 2013 in Medical Malpractice, Personal Injury | 0 comments

Working as a medical professional is a high pressure job for numerous reasons. Not only is the well-being of their patient largely dependent upon their knowledge and actions, but they are also held accountable by insurance and pharmaceutical bureaucracies. Insurance agencies can help curb high surgical and prescription costs for patients. However, whenever a patient needs constant attention the cost of medical costs can be financially crippling. Patients who have been the victim of medical malpractice are often entitled to financial compensation in order to help curb medical costs, even bankruptcy. Medical malpractice happens when the accepted quality of medical care hasn’t been met, causing injury or wrongful death to the patient.

According to the website of some personal injury lawyers, some common forms of medical malpractice include, but are not limited to, wrong diagnosis, delayed treatment, improper treatment, lack of informed consent, surgical errors, emergency room errors, pharmaceutical errors, wrongful death, and hospital negligence. These are often mistakes that no reasonable hospital should make. Imagine the amount of neglect that would have to occur for a person to make a mistake as heinous as amputating the wrong limb from a patient or prescribing the wrong medication.

The Texas Medical Board allows Texas patients to report medical incidents and research physicians’ history. The intention of the Texas Medical Board is to keep the Texas health industry accountable so that the public can make informed decisions about their healthcare. At their meetings, based on reported violations, the board administers disciplinary action against doctors. These disciplinary actions span from suspensions, revocations, cease and desist orders, orders due to impairment, inadequate medical recording, criminal behavior, quality of care orders, and non-therapeutic prescribing. In the fall of 2013, 41 doctors spanning across the state were disciplined. The most common disciplinarian action taken by the Texas Medical Board is to hand out quality of care orders.

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Railway FELA & Construction Workers’ Comp

Posted by on Sep 13, 2013 in Construction Accidents, Employment Law, Personal Injury, Workers' Compensation | 0 comments

The railroad industry is a lucrative business for many American laborers. According to the Association of American Railroads, people working in the railroad industry enjoy jobs ranging from engineers, dispatchers, law information, information technology, and industrial development. In addition to offering comprehensive benefit packages to workers, many railway companies are committed to employing veterans through the Joining Forces initiative.

Railroading jobs often demand high levels of physical exertion from their employees. The physically demanding setting of railways, coupled with the comparatively high potential of injury justifies the attractive benefits package included in railway workers’ compensation packets. The Federal Employers Liability Act (FELA) is a worker’s compensation act exclusively available to railway workers.

According to the website of the attorneys at Hach & Rose, LLP some high-damage accidents that occur on railways are head-on train collisions, derailment, crossing signal malfunction, platform gaps, excessive speed, non-operating tracks, mechanical failures, and boiler explosions. FELA protects victims of severe accidents including railway workers and their families. FELA cases are negligence-based, which requires the situation to be the fault of the railway company. Families are able to collect compensation for pain and suffering as well as lost wages when a worker suffers from a severe injury or even death.

Railway companies are responsible for maintaining the safest environment possible for rail workers in the same way that property managers and general contractors are responsible for providing well-marked working conditions for construction workers. According to the website of attorneys at Hach & Rose, LLP electrical lines should be marked clearly and powered down appropriately, natural hazards should be marked within the property, tools and vehicles should be operated properly, slip and fall hazards should be eliminated, and dangerous chemicals should not be present at a work site. When these maintenance requirements are violated property managers can often be held liable for injuries sustained by workers.

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Work Injury and Reconstructive Surgery

Posted by on Sep 8, 2013 in Personal Injury, Workers' Compensation, Wrongful Death | 0 comments

In worst case scenarios, accidents can cause serious harm to victims. Occupations like construction work or railway maintenance are physically trying on the body. In addition to this day-to-day wear and tear on the muscles, working as a laborer puts workers at a higher risk of sustaining a severe work-related injury.  The website of the Pete Leehey Law Firm, P.C. mentions that many of the reported work-related injuries are caused by repetitive motion or unsafe worksites. Workers often suffer from knee, neck, shoulder, and back pain as a result of this repetitive motion.

In 2012 Michael Simermeyer was killed when working on a construction site. A frayed cable caused a tractor crane to collapse which crushed him. Recently, in August of 2013, his parents have collected one million dollars from Yonkers Insurance for neglecting to monitor and maintain the operating condition of the crane. Workers compensation initiatives are put in place in order to protect workers in high-risk environments. In cases like the Simermeyer family’s, the families of work-site victims can sometimes collect benefits from the party at fault in a wrongful death lawsuit.

When a victim survives a traumatic accident, the recovery process is a very important timeline to honor. In order to heal, continual rest, nourishment, and rehabilitation are necessary. Workers are entitled to a higher amount of money for a longer amount of time if an injury like an amputation occurred as a result of the property management’s negligence.

Money paid to injured workers is intended to cover multiple costs. Since injured workers can’t work as a result of the employer’s negligence, they are still entitled to the payment they would receive had the injury never occurred. In addition to this payment, they are entitled to financial compensation for medical costs. Worksite victims may need reconstructive surgeries like a rhinoplasty or expensive prosthetic equipment that they shouldn’t be responsible for purchasing out-of-pocket.

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