To lose someone is indeed very difficult to handle and deal with, but losing someone who is the main provider of the home can be very devastating in so many ways. Fortunately, there are laws that allow the deceased estate to file for wrongful death claims and survival action claims. According to the Cazayoux Ewing Law Firm website, there are certain differences between both claims, and it is important to understand these differences in order to know which legal action to go with.
Whilst wrongful death claims are made to provide compensation for damages to the deceased estate brought about by the death, a survival action can claim for damages and further injuries that the victim suffered before their death, in which the victim would have pursued should they have lived. A survival action claim can be filed when the victim did not immediately die after the accident, and during that certain time span was able to incur further medical bills and additional expenses, along with physical and emotional discomfort. When these situations happen, the deceased’ estate can file for both wrongful death claim and survival action claim. This will help them recover any damages that were incurred before the victim’s death due to the other party’s negligent or wrongful act.
Wrongful death laws and survival action laws can differ from each state. Furthermore, it’s important to determine who has the right to file for the claims, understand the process of appointing someone to represent the deceased’ estate, and the possible damages that may be awarded in the claim. Although the financial compensation awarded by the court may not bring back the life of the victim, it may ease the financial burden of the loss and give justice to the case.Read More
The high number of road accidents remains a serious problem across America. According to the Insurance Institute for Highway Safety (IIHS), a total of 32,719 people were killed in motor vehicle crashes during the year 2013. About 3,000 of these victims died in accidents involving large trucks. These numbers point to a rather disturbing trend involving the larger vehicles motorists are usually sharing the road with. As the IIHS puts it, about 1 in 10 highway fatalities occur because of large truck accidents. Considering the way that these trucks overpower all other types of vehicles, it’s easy to surmise why these incidents result in outcomes that are so tragic and devastating.
As one can imagine, any collision between a large truck and a smaller vehicle can easily turn to a catastrophic scenario. Large trucks like 18-wheelers and tractor-trailers can weigh around 20 to 30 times more than regular passenger cars. These vehicles are also much larger and have greater ground clearance. This makes large trucks much harder to control and maneuver. Due to its weight, a truck will require a longer distance before being able to come to a full stop. Its sheer size also gives a truck more blind spots or no-zones.
As a result, truck operators are not able to see the vehicles surrounding them easily. Experienced drivers are trained to keep a safe distance from other vehicles and keep an eye out on these no-zones. However, a slight mistake can easily have some deadly consequences. In some of the worst cases, cars can slide beneath a truck. The consequences can become even more severe when large trucks hit motorcyclists, bicyclists, or pedestrians.
Aside from no-zones, the website of McCutchen Buckley – The Law Firm also points to other factors that commonly contribute to large truck accidents. According to their experience, accidents can also occur due to fatigue or distracted driving, as well as improper training. Trucks carrying improper or overweight load are also more susceptible to accidents. In some cases, truck accidents are also caused by vehicles that don’t receive proper maintenance and upkeep.Read More
The increase of domestic violence in the United States has been so much that it can be classified as an epidemic, with statistics showing that at least three million children bear witness to domestic violence every year. Domestic violence has become a motivator for an abused spouse to file for divorce, which is especially important when there is a child or children involved. A domestic violence issue would play a vital role in child custody, since any evidence presented in court will be considered in order to determine child custody. Often, custody is denied to the parent who have committed the domestic abuse if the court determines the person is a threat to the safety of the child or the other parent.
In the State of North Carolina, an abusive parent will not automatically lose visitation rights and custody. The judges will have to weigh a number of factors in order to determine who will have the legal custody (given the decision-making authority in behalf of the child) and the physical custody (where the child will live) to ensure that the child will be provided the safest and most balanced environment for the child’s physical and emotional needs. If a parent has a long history of domestic violence, it may be a reason for him or her to not be given sole physical custody of the child.
When a parent has already filed for divorce and wishes to protect their child from the other parent, the website of Marshall & Taylor, PLLC says getting a protective order. This is a court given order to prevent the abuser from doing further harm, and to keep a safe distance away from you and the child as well as the places that you frequent. These forms are available online and finding a good family lawyer may help in securing it, especially if there is a high possibility of domestic violence in the future. Victims should not be afraid of getting help since there various institutions that offer safety and protection, such as The North Carolina Council for Women/Domestic Violence Coalition and the Department of Justice.Read More
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.Read More
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.Read More
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.Read More
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.Read More
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.Read More
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:
- 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.
- Stay Away From Cigarettes. Not only does smoking make you look older, it also is a major producer of wrinkles.
- 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.
- Eat Healthy. Having a healthy, mostly natural, diet can help your skin look its finest. Eating processed foods can cause acne and oiliness.
- 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.Read More
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.Read More