Coping with a Wrongful Death

Posted by on Mar 13, 2015 in Family, Injuries | 0 comments

People often forget that human beings are just as fragile as any other living creature on this planet. People are made up of bones, muscle, and skin and from what was once ash will return to ash just the same. It can all be gone in the blink of an eye, vanish like breath on a mirror. But what some people also fail to recognize is that they have profound effects on other people just the same. The loss of one can ripple into a tidal wave, a hurricane of hardship and pain to a multitude of people.

Imagine then when a life that should have continued on for decades was abruptly and unjustly taken due to something that should have been completely avoidable? If you are directly connected to the loss, the grief and pain felt cannot be anything that any words in any language can be able to properly convey. One day, you wake up and everything is normal and all of a sudden, when you’re just about to go sleep, suddenly you realize that everything that transpired from that day has now changed for your life forever. That is what loss this close to home can do to you. And there is no recovery from something like this, when you lose someone due to an accident that should never have happened in the first place.

If you have evidence that suggests or proves beyond reasonable doubt that the event that caused the death was due to someone else’s intentional or ignorant negligence, then there is legal action that can be taken.

The website of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A. states that to file a wrongful death lawsuit against the guilty party is in order to claim financial compensation that can cause strain to any family. There are the burial expenses as well as any outstanding medical bills that may have been a result of the accident as well. It is not only that but there are also the circumstances that surround the surviving family or beneficiaries if the deceased was their primary income earner.

If you or someone you know has been the victim of a wrongful death type of case, contact a professional immediately.

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Truck Accidents: Things Drivers of Smaller Vehicles Should Avoid

Posted by on Feb 9, 2015 in Automobile Acidents, Cars, Injuries | 0 comments

For so many truck drivers, driving for 11 hours straight and cross-county is normally part the job, thus trucks are built with sleeping berths where they can get the rest and sleep that they need to keep them from driving while sleepy or fatigued.

Different government agencies actually work together to make sure that trucks never become threats on the road as their size and weight are much more than enough to run over and crash any vehicle. But while the Federal Motor Carrier Safety Administration (FMCSA) mainly focuses on improving the safety in the operation of commercial motor vehicles (CMV), the National Highway Traffic Safety Administration (NHTSA) turns its focus on both truck drivers and other motorists, constantly reminding the latter of the things they should avoid whenever they share the road with an 18-wheeler. These reminders are aimed at reducing risks of truck accidents and these include:

  • Avoiding blind spots. Truck drivers have multiple blind spots, such as the area directly behind the truck and truck’s passenger side. Blind spots (also called no zone areas) are areas where the truck driver will most likely fail to see the presence of another smaller vehicle (an obvious danger, especially if the truck were to make a right turn). Smaller vehicles should avoid these areas and, if going to drive past a truck, should do so at the driver’s side, where the diver will clearly see his/her vehicle.
  • Never driving too closely behind a truck. This is called tailgating and it is definitely dangerous, not only because you would be in a truck’s no-zone area, but because if the truck makes an emergency stop, the chances of a fatal accident may not be remote. Besides, tailgating also renders the (tailgating) driver totally unaware of the real situation of the road farther ahead, as well as greatly reduces his/her chance to reacting in time to impending road dangers.
  • Observe proper care at intersections. When executing a turn, trucks eat up multiple lanes, thus it is best that other vehicles always yield to trucks. Turning alongside trucks can prove fatal to drivers and passengers of smaller vehicles.

On its website, the Woodson Law Firm explains that truck drivers are never exempt from liability even if the vehicle it collides with in an accident is in its blind spot, or no-zone area. The truck drive is fully responsible in making sure that no vehicle is in the no zone area before he/she accelerates, turns or brakes his/her truck, as well as before he/she makes any lane changes.

Victims of car accidents, on the other hand, are sometimes advised to get in touch with an Oklahoma truck accident lawyer for them to know and understand their legal rights and possible actions against the liable parties.

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Consequences of Not Making Child Support Payments

Posted by on Feb 7, 2015 in Family | 0 comments

Divorce will never end a non-custodial parent’s obligation to support his/her children, except, of course, those that have reached the age of emancipation, unless support is determined by the court as still necessary.

Child support is a major concern that divorcing couples will have to settle. If the spouses concerned fail to arrive at a mutual agreement, it will then be the court which will have to determine the amount of support that will need to be paid by the obligor or non-custodial parent. Being a legal matter, whatever decision to be arrived, whether through mutual agreement or court settlement, the spouses concerned will have to observe it or suffer contempt of court and face legal punishments, such as fines and imprisonment. The obligor or even the obligee, custodial parent, can request the court to make changes in the amount of support if the obligor’s financial circumstances have changed.

One common issue that has arisen during the past years regarding obligors is their sudden disappearance in an attempt to escape their responsibility. Obligors need to know that the Child Support Recovery Act (CSRA) was passed in 1992 for the purpose of determining the whereabouts of missing obligors, such as those who have fled to other states to escape child support payment. It is also necessary for obligors to know that, based on the rules observed by U.S. Passports & International Travel of the U.S. Department of State’s Bureau of Consular Affairs, anyone owing at least $2,500 in child support will not be allowed to acquire a U.S. passport until he/she has fully paid the amount.

One of the major reasons why courts allow modifications in support agreements is to save the obligor from the burden of paying a support amount which he/she can no longer afford due to changes in his/her financial situation. Such changes may be due to a sudden and/or unexpected medical condition, loss of job, and so forth. But whether the issue is modification of the support agreed upon or enforcement of the support agreement, it is always best to be recommended by a The Woodlands child support lawyer, who can help you deal with whatever legal need that you have to address.

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BP Claim Appeals: Wait Further or Start the Legal Battle Now

Posted by on Feb 6, 2015 in Oil Spills | 0 comments

After the April 2010 British Petroleum (BP) oil spill along the Gulf of Mexico, the giant oil firm entered into a settlement contract that agrees to pay businesses and individuals for whatever oil spill-related financial losses they can show they suffered from. Since this agreement was signed BP has already made about $2.3 billion settlement payments. BP, however, stopped in its tracks of satisfying settlement claims after it felt and realized that the agreement has most likely fallen to wrong interpretations as Patrick Juneau, the court-appointed administrator of the settlement fund, considered any economic loss as authentic even without any proof that such loss is, indeed, the effect of the oil spill.

Due to the misinterpretation that BP is convinced to have occurred, the oil firm made repeated court appeals, all of which have been denied. After the last court rejection during the 4th quarter of 2014, BP still expressed its intent to pursue its case with unwavering resilience, plus its right to appeal any claims that exceeded $25,000, which it claimed was stipulated in the settlement agreement that it signed.

While BP may have the legal right to pursue what it believes is just, others see the firm’s move as nothing more than a delaying tactic in paying the rest of the $7.8 billion in estimated compensation payments. This delaying tactic, meanwhile, has placed even those who really suffered economic losses at an indefinite waiting period, a wait that has only led to more damaging losses to some, forcing them to declare bankruptcy and close down the business altogether.

The website of Williams Kherkher law firm says that business firms essentially have two options: wait more for no one knows how much longer or start the legal battle now. One danger of waiting further, though, is that the statute of limitation (relating to compensation) that was set by the Oil Pollution Act specifies only three years. In April 2015, it will already be five years since the spill occurred.

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Making Special Occasions Truly Memorable with a Private Car

Posted by on Feb 4, 2015 in Cars | 0 comments

There are instances when the only available car (in the family) is not classy, spacious or fast enough (depending on the situation and specific need) for the job. A cab is neither an option, especially if the occasion is something very special – one that requires the wearing of very formal attire, besides getting to the place on time, of course. The solution? A limo or private car service.

Private car service companies not only guarantee a luxurious and impeccably comfortable ride wherever you need to go and arrive on time. These companies also will provide you with a list of some of the classiest cars so you can choose which ride you want have – based on the occasion, the number of passengers and the impact or impression you may want to create. There is a Limo, a Lincoln Navigator, a Ford Expedition, Bentley and a BMW – whichever car you request or demand.

Besides the obvious great ride to and from your destination, a limo or private car service also guarantees an impressive, relaxing, safe, and elegant ride under the care of a professional, well-trained, friendly, courteous and, where Capital City Limousine is concerned, CPR-certified driver. Many business executives, well-known personalities (including celebrities) actually request services for many of their functions. Hiring a limo or private car service will definitely prove beneficial, especially to firms, whenever these would need to provide transportation to clients or investors since it will make clients and investors feel that they are important, valued, and cared for.

Limos are used in a number of special occasions, such as corporate events, weddings, proms, anniversaries, bachelor / bachelorette parties, birthdays, barbecue tours, and wine tours.

More than providing great ride, however, a limousine can make an occasion really special and memorable.

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Keeping Your Beneficiary Eligible for Government Benefits

Posted by on Feb 2, 2015 in Estates, Family | 0 comments

Providing well for one’s beneficiaries, (children, particularly), is a major concern of every good parent. This concern increases if the beneficiary, a loved one that is, were suffering from a disability, which may be physical, intellectual or psychiatric.

Leaving money and/or property to a disabled beneficiary, however, needs very careful planning as miscalculated actions may only result to removal of government health care and financial benefits, such as nursing care from the Medicaid welfare program and the Supplemental Security Income (SSI), for your loved one. While leaving behind a house or even a car to your disabled child will not affect his/her eligibility to receive and enjoy Medicaid and SSI, leaving him/her cash, like a savings account, is a completely different story.

Though disability may render your child wanting of all the possible government assistance and benefits available, the cash that you will leave behind may have the effect that he or she is already safely covered. This presumption, though, can definitely be avoided to keep your child from being deprived of the benefits which may be rightfully his/hers. Through the drafting of a supplemental needs trusts, more commonly known as special needs trust, can this be possibly avoided.

The special needs trust is a means whereby parents or custodians can provide benefits for, and protect the assets of, their disabled beneficiary; it is recognized and allowed both by the state and the federal government. To keep your beneficiary’s eligibility to government benefits and assistance, the trust requires that all properties and cash intended for his/her future support be left under the special needs trust itself instead of being placed under his/her name directly. Though the trust will end eventually, upon the death of the beneficiary or when all the money have already been spent (by the beneficiary or in his/her behalf) it will never have any negative effect on his/her eligibility.

The person who will draft the trust also has the legal right to appoint whoever he/she wants to act as trustee, that is, the person who shall manage the property and the cash in behalf of the beneficiary. This legal right is partly meant to eliminate any possibility of issues of mismanaged trusts which, the website of the Keystone Law Group, P.C., explains is one of the many issues surrounding a trust and the usual basis of trust litigation.

The website of Peck Bloom, LLC, mentions the different legal problems that can exist between the beneficiary and the trustee regarding the trust’s proper management – problems that often require the court to settle. In the event of legal issues regarding special needs trusts, seeking the services of a well-trained lawyer will definitely be among the best interests of the beneficiary.

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Personal Injury: No-Fault Auto Liability Insurance

Posted by on Feb 1, 2015 in Automobile Acidents, Injuries | 0 comments

Cars have become the most ordinary means of transportation for Americans, resulting in millions of cars running on US roads and highways every day and millions more still being added to the count every year. But car congestion also leads to one result – an increase in the number of road accidents, injuring more than two million people and taking the lives of more than 30,000 motorists, pedestrians, and bicyclists annually.

In an article posted on its website, law firm Wilson & McQueen, PLLC, emphasizes the fact that car accidents are often totally preventable occurrences, usually happening because of the irresponsible or negligent acts of some drivers. Thus, because of this failure to exercise the required amount of caution, the US Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) never fails to remind drivers about the seriousness of observing safety traffic rules and the possible consequences of any form of violation of these safety rules.

In view of the possible physical injury and certain property damage during accidents, all US states have made it a mandate that drivers should carry car liability insurance. Though the minimum amount of coverage may differ among states, all agree, nonetheless, that this insurance protection should cover potential risks of financial liability for physical injury and damage to property which a driver may be required to compensate if he/she ends up causing an accident.

In recent years many insurance firms have begun introducing no-fault auto liability insurance, promoting this too more than the traditional insurance coverage. While the latter type of coverage required the decision of the court regarding proof of liability (before the accused driver’s insurance provider pays the victim or claimant), this no-fault auto liability insurance no longer requires court decisions as payment (which ought to cover cost of medical treatment due to the injury, as well as all other accident-related losses) will have to be made by the provider to its own policy holder regardless of whose fault the accident is.

The insurance premium in a no-fault auto liability coverage is usually lower compared to at-fault policies since court proceedings are no longer required. Despite authenticity of claims, however, some insurance providers find ways to disapprove claims applications or award only a minimal amount to the claimant. Delaware personal injury lawyers may be able to render the needed legal assistance that will help claimants have their applications approved or receive the highest amount of benefit stipulated in the policy.

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Advantages of Breast Reconstruction Surgery in Women

Posted by on Jan 30, 2015 in Surgery | 0 comments

Cosmetic and plastic surgeries, both aimed at improving the body of a patient (either to improve a patient’s looks or correct a defect) are two procedures that millions of Americans have continuously sought and required for the past years. While these procedures may be undergone due to medical need, millions of others require these to improve their physical appearance. Regardless of reason, though, one very important thing should be considered: that both procedures be performed only by skillful, and licensed surgeons who have been trained well in the performance of the procedures.

Plastic surgery, in particular, which includes scar revision surgery, maxillofacial surgery, reconstruction of lower extremities, burn repair surgery, laceration repair, hand surgery and breast reconstruction surgery are intended to reconstruct a defect in the face or any part of the body. This defect may have been caused by a burn, a disease, a trauma, or it could otherwise be due to a birth disorder.

According to the American Society of Plastic Surgeons (ASPS), there were about 5.7 million reconstructive surgeries performed in 2013. Breast reconstruction, the last in the top six reconstructive procedures performed during the year, was undergone by 96,000 women, a 4% increase compared to 2012.

Breast reconstruction surgery usually follows a mastectomy or the removal of a female breast (usually due to cancer). This procedure attempts to repair a breast, that is, restore its shape, appearance and size.

Although a breast may indeed be reconstructed, the following can be part of the expected consequences:

  • The sensation and feel of the reconstructed breast will not be the same as the one it replaced
  • The reconstructed breast will bear incision lines

An article on the website of Bergman Folkers Plastic Surgery, states that breast reconstruction surgery will be most appreciated by women whose breast/s has/have been removed because of cancer or other diseases. Prior to surgery, the patient can even choose the size of breasts that she may want to have.

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