The Next Steps After Wrongful Death

Nov 14, 2017 by

It is perhaps the worst thing that can happen to a person. A call comes at night, or a doctor comes out of surgery and wakes you, and you discover not just that someone you love has died, but that it didn’t have to happen at all.

Wrongful death, which according to the John Michael Bailey Injury Lawyers can include deaths from car accidents, truck accidents, motorcycle accidents, and medical malpractice, is, in fact, a double tragedy: it is a loss and it is the unnecessariness of the loss.

This second point should not be neglected. It is hard enough to lose someone when there is time to prepare for it and reason for it. Someone dying of cancer is awful, but it allows time to say goodbye, and it allows people to comprehend the death. Even if cancer feels arbitrary, there is some reason behind it. It’s a matter of the life choices or environment of a person, or else just their DNA. But there’s a reason.

When a grandparent dies, there’s an understanding that this is part of life, the natural order, and that is a comfort.

All of that is robbed from someone trying to get over a wrongful death. For them, not only is the act sudden (and so without any chance to prepare), it is also unnatural. It comes from the inattention for another driver or from a slippery road or from a doctor who just wasn’t doing their job correctly.

Such a situation can be completely emotionally and psychologically crushing. So, how can someone get over it?

The answer, on some level, is that most people never get over it. They can, however, learn to live with this pain. First and foremost, it’s recommended they find a counselor to speak with. Having someone trained in guiding people through grief can be helpful on a number of levels. There is the freedom to speak completely honestly and openly which can be impossible in other situations.

Imagine a mother, for instance, who cannot allow her grief to flow freely because she must be strong for her children after the death of the father. A counselor will allow her to grieve openly.

Counselors also have techniques and advice that can help make the event comprehensible. Finding a reason behind what happened can be very helpful. It makes the event life-sized and understandable.

The other important point to consider is to talk to a lawyer. Not only is there potential compensation for what happened, going through the process of a wrongful death suit can also make the event more real. It allows those who have survived to understand what happened, why it happened, and if there is guilt to be assigned.

Finally, anyone going through this is advised to find friends and family who can comfort them and help take some of the burdens off of them for an extended period. That mother in the above example is probably in no shape to work and take care of her children alone. Finding a community there to support can make the pain of grief easier to tackle. When there’s help for other things, people can concentrate on themselves.

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A “Crash” Course in Motorcycle Safety

Sep 10, 2017 by

It is no secret that motorcycles are dangerous, more so than normal passenger vehicles. The decision to own a motorcycle should come after plenty of research into the reasons that motorcycle accidents happen and the steps you can take to prevent them. Wearing proper safety equipment is a must since motorcycles do not come equipped with the fancy safety features that cars and SUVs have. In addition to having the proper safety gear, it is also important to know how to maneuver your bike to prevent an accident from occurring.

According to this very informative post on motorcyclecruiser.com, there are a number of suggested ways that you can stay safe while out on the road. Most people should know how their emergency brakes work, but these should not be the only things that you rely on to keep you out of an accident. According to a study quoted in the post, the average time it takes for an accident to occur from start to finish is only 1.9 seconds. Most people do not even have a reaction time that fast. Because of this, it is important to take steps to prevent getting into an accident in the first place. The main way you can do this is by being a vigilant driver and by assuming that every other car on the road is out to get you. Make sure that you are always visible to other drivers, and always be wary of cars that can turn in front of you suddenly. And of course, where there are more cars and turns, there is more danger. While highways have higher speed limits, small inner city areas have more intersections and cars are less likely to see a biker after a turn. The post also advocates for lane splitting, since the Hurt study shows that more bikers got rear ended when they were staying in their line.

Overall, knowing how to use your bike’s safety features such as the emergency brake is incredibly important, but it is not the end-all-be-all of being safe out on the road. Being hyper-aware and considering every other car a threat is the only way to stop an accident before it occurs. Of course, even this will not keep you completely safe, even if you have a loud engine and are wearing a helmet. There are personal injury lawyers that deal specifically with motorcycle accident cases, and they can provide a valuable service if an accident happens.

Some of the suggestions given by the post are controversial, such as lane-splitting, but it is difficult to argue with the results. Bikers have to focus on their own safety much more than a normal driver, and sometimes splitting lanes on the highway is the only way to avoid someone crashing into you from behind. If you are a wary driver and keep improving your skills, you will be able to enjoy a motorcycle knowing that you are as protected as you can be.

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How to Keep Your Teeth Healthy

Aug 4, 2017 by

Bad breath, dark gums, discolored teeth, and oral problems like gingivitis – these are the major problems you can encounter if you don’t take care of your dental health. These don’t just put your health at risk, because they are also unattractive, embarrassing, and can affect your confidence levels.

Everything that can be found in your mouth is equally important, but for now, let’s focus on the teeth. Below are some of the things you can do to make sure that your teeth are always healthy.

Clean them properly and regularly

You should brush and floss two times a day. The main goal is to remove food debris in your mouth, bacteria, and stains. Cleaning your teeth can be more complicated than you think. You don’t just brush and floss and call it a day. There are proper strokes and hardness to ensure that you are cleaning your teeth effectively and not causing them any harm from excessive strength.

Avoid harmful products

Even if you clean your teeth properly and regularly, it is still useless if you constantly expose them to products that can potentially harm them. When you think about harmful products for oral health, the first thing that comes into your mind is tobacco, but tobacco is not the only dangerous product out there. There are also highly acidic and sugary products, such as candies, coffee, sodas, and even citrus fruits when consumed excessively.

Don’t use them as tools

Teeth are designed only to grind food, so make sure you stick to where they are for. If you use your teeth as tools and they receive enough force, you may even damage them enough to require extraction. In fact, the force may be enough to knock your teeth out. So, don’t be lazy and grab some scissors to open that potato chip bag.

Visit the dentist regularly

According to this Great Neck general dentistry website, you should schedule a routine dental cleaning two times a year. This is to remove plaque that your brushing cannot reach, clean teeth, and apply fluoride that can help protect your teeth.

You will also never know when your oral health has sustained a problem, even if you take care of your teeth properly, so a regular visit to the dentist ensures that these problems are taken care of before they even become worse.

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Long Term Disability Benefits

Jun 10, 2017 by

Any illness or injury that leads to long term disability will always have a major effect on the financial lives of individuals and struggling families. This is why it is very important that a person should continue to receive some financial earnings despite his/her incapability to report to work.

This financial earning can be provided by a long term disability (LTD) insurance policy, usually a part of the comprehensive employee benefits package an employer gives his/her employees. A long term disability insurance policy is meant to protect an employee from losing the wages that he/she would normally earn if he/she were not injured, did not become ill or get involved in an accident that renders him/her disabled for a long period.

The financial benefits provided by the long term disability insurance starts after the short term disability insurance benefits have ended, usually between three to six months of inability to report to work. The LTD insurance pays the employee a percentage of his/her salary, typically about 50% – 70%. Often, this percentage is not enough to meet a disabled employee’s needs, (LTD benefits are subjected to taxes). Thus, for additional income, some personally purchase supplemental long term disability insurance, which is usually non-taxable.

Long term disability policies are generally designed to last up to 10 years or until the disabled employee turns 65. Often, however, despite the obvious disability and timely payment of premiums, many LTD insurance firms make it difficult for claimants to enjoy the financial benefits specified in his/her policy. This is because though long-term disability insurance is supposed to help take care of a disabled policy holder who cannot go back to work for weeks, months, or even years, many insurance companies, according to Fields Disability, are out to protect their profits, not their policy holders’ best interests. Long-term disability benefits applications are often denied and many people give up because of the strict guidelines applicants must follow. As this is often the case, it may be wise to seek assistance from a skilled long-term disability attorney who knows how the system works and who we can help make sure that an application is accurate, complete, and submitted on time.

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Probable Cause in DWI Cases

Apr 29, 2017 by

One of the essential components in a DWI study is probable cause. That is a protocol that law enforcers have to follow when detaining an individual for DUI (DWI) which includes probable-cause. The Law Offices of Richard A Portale, P.C. says on its website that probable cause is the practical perception that a crime had been in the act of being perpetrated. It’s different from sensible suspicion, which is enough to justify the original stop but maybe not enough for DWI charges unless there’s evidence the driver may be drunk, for example, the odor of alcoholic beverage or an open can of beer on the dash.

It is a key differentiation from a defense standpoint. A law enforcer could be distrustful of unusual driving behavior, and may then draw the car over. However, that’s not probable cause. A traffic infraction may be committed by a driver for reasons other than DUI. The driver may have been distracted which caused the vehicle to drift across lanes, or might have already been in a hurry which would account for tailgating or racing. In Texas, officers who have probable cause to search an automobile or to draw blood for screening without a warrant under specific circumstances are allowed by DUI laws, and the arrest may stand. This is mostly true throughout what’s known as a “no refusal” period, where anyone who will not submit a blood test may be arrested.

Nevertheless, arresting a driver for DWI without probable-cause may function as the foundation for having the case terminated and any subsequent evidence obtained suppressed including breathing tests or blood.

It is important to contact a DWI attorney in the region instantaneously when detained for DWI when there is absolutely no probable cause. It may imply the difference between a judgment of dismissal and certainty. It’s vital that you just beat in making sure your protection is solid as the punishments for a DWI conviction are unbelievably severe. It might be beyond a shame to end up jailed for a crime you didn’t perpetrate – a beer you didn’t consume.

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Applying for an EB-5 Visa is more Advantageous for Wealthy Foreign Nationals than Applying under Any Other Type of EB Visa

Mar 10, 2017 by

As stated by one citizen from the former Soviet Union who has migrated to the United States, wealthy Russians increasingly see the U.S. as a safe investment environment where they can protect their wealth and a place where their family can reside safely and peacefully, due to Russia’s sputtering economy and the re-election of President Vladimir Putin, who is surrounded by his favored business people. For Russians who are less wealthy, applying for a U.S. visa as skilled professionals will enable them to earn more money and save their nation’s economic collapse, disastrous state of public health care, absence of housing and poverty.

Though Western Europe is the first stop for those exiting Russia, most prospective Russian immigrants have the United States as their country of choice, being attracted to the U.S., like the rest of the world, due to the American dream of prosperity and individual dignity.

There are different visa programs or categories that Russians and other foreign nationals, who want to obtain an immigrant visa to live permanently in the United States, can apply to:

  • Employment-based 1A Visa, also called EB-1 visa or Employment-Based Immigration: First Preference – this program is for those with extraordinary ability in the science, arts, education, business or athletics, or Outstanding Researchers or Professors;
  • Employment-based 2 Visa, also called EB-2 visa or Employment-Based Immigration: Second Preference – for professionals holding an advanced degree or aliens of exceptional ability (this visa category is also appropriate for foreign nationals with exceptional ability in the sciences, business, or arts, who will substantially benefit the U.S. economy, cultural or educational interests, or the nation’s (compared to EB-1, a visa under this category may be approved only if an applicant has a job offer and a labor certification from the U.S. Department of Labor);
  • Employment-based 3A Visa, also called EB-3 or Employment-Based Immigration: Third Preference EB-3 visa – for foreign nationals ranked as professionals, skilled workers or unskilled workers;
  • Employment-based 4 Visa, also called EB-4 or Employment-Based Immigration: Fourth Preference EB-3 visa – for foreign nationals considered as special immigrants, like religious workers or special immigrant juveniles (foreign children who have been abused, abandoned, or neglected). The following are also considered as special immigrants; broadcasters, G-4 international organization or NATO-6 employees and their family members, international employees of the U.S. Government abroad, armed forces members, Panama Canal Zone employees, certain physicians, Afghan and Iraqi Translators, and Afghan and Iraqi nationals who have provided faith service in support of U.S. operations; or,
  • Immigrant Investor Program, also known as EB-5 visa. This was created by the U.S. Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign national investors through the creation a new commercial enterprise or investing in a troubled business.

In 2014, there were 265,086 Russian applications for the U.S. green-card, the highest ever. This resulted to 245,638 Russians being granted visas that allowed them to work or study temporarily in the U.S. In addition to this, there were 3,622 Russians who were allowed to settle permanently in the U.S., including 56 who were granted EB-5 visas after making a $500,000 investment for a job-creating business.

The EB-5 visa is an investment visa. To qualify for a green card, a foreign investor is required to invest from 500,000 to $1,000,000 into a U.S. business that would preserve or create at least 10 full-time U.S. jobs. This may be done either through Direct Investment or by investing in a Regional Center.

In direct investment, a foreign national must invest a minimum of $1,000,000 for the creation of a new enterprise, purchase an existing business, or reorganization of a former business into a new entity.

Investing in a EB-5 Regional Center, meanwhile, requires a $500,000 investment. This is to finance an existing business in a Targeted Employment Area, an area identified by the U.S. Citizenship and Immigration Services (USCIS) where employment rate is very low.

Russians capable of making the required amount of investment would be advised by Russian business immigration attorneys to make the investment due to the numerous benefits that set the EB-5 visa apart from other visa options, such as:

  • No language, age, professional experience, or education requirements;
  • No need for direct family members in the United States;
  • No residency requirements in the U.S.;
  • No workplace requirements in the U.S.; and
  • For individuals investing in Regional Center projects, no daily management / running of a business.”

Like all the other visa programs, however, applicants for the EB-5 may also be rejected or despite having made the investment, may not succeed in obtaining permanent residency in the U.S.; thus, it will be really wise for prospective investors to seek guidance from a seasoned business immigration attorney.

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What Are The Common Accident Causing Truck Defects?

Oct 7, 2016 by

Truck accidents are quite common in the United States. Trucks play a vital role in economy transporting goods from one state to the other. Aside from negligence or driver error, another common culprit in truck accidents are product defects. In these kinds of accidents, the liable party is the manufacturer as they failed in showing reasonable care. According to the website of LaMarca Law Group P.C., truck accidents can have devastating consequences.

Defective truck components can put at risk not only the driver but also the other driver and their passengers. When this happens, the driver can lodge a product liability case against the manufacturer and other parties. Truck accidents from defective products may include the following:

Tire Blowout

Delivering goods and services almost every day can take its toll on the tires. When the tire blows out, the driver can lose control of the steering wheel and start to become wobbly and crash. It may collect other vehicles and the unfortunate pedestrian. The end result is most of the time fatal.

Fuel Systems

Defective or damaged fuel system can result to burns and other injuries. There are also defects that are not burn-causing but still they can result to injuries.

Safety or Crash Bar

Also called underride guard, safety bars are attached to the rear end of a trailer in order to prevent a passenger vehicle from going underneath the back of the trailer in case of a collision. Recent tests conducted by the Insurance Institute for Highway Safety revealed the ineffectiveness of federally regulated underride guards. To prevent serious accidents from happening, the NHTSA requires manufacturers to raise the standards of their underguards.

Trucks often share the road with other vehicles. It is therefore important for trucks to be regularly maintained and checked to ensure its road worthiness.

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Medical Costs Associated With Car Accidents

Jun 28, 2016 by

There are many expenses that are associated with car accidents. Although nothing can replace the life of a person, hospital bills can prove to be expensive especially if you do not have any health insurance. According to the website of Madison, WI car accident attorneys, medical expenses can pile up which makes having car insurance all the more important. The average cost of related medical care is dependent to each situation.

The highest price we pay in a car accident is the loss of human lives. According to the National Highway Safety Administration (NHTSA), car accidents cost the United States nearly $1 trillion in 2010 as a result of lost wages and death. The bulk of payment falls on the shoulders of the insurance carriers which pays approximately 50% of all motor vehicle accident expenses. A study conducted by Insurance Information Association revealed that the average claim for bodily injury was $15,443.

So what are the common medical expenses that you can incur after involvement in a car accident? The expenses may include ambulance, emergency department visits, diagnostic tests, medications, specialists, and others.

In addition, there are some insurance companies that offer personal injury protection (PIP) to shoulder any medical expense associated with the accident. However, not all policies will include PIP and if included, it may not be enough to pay for all your medical bills.

For severe injuries, the NHTSA reports that the mean medical expense after the accident is $503,638. A spinal cord injury, for example, could range between $992,867 from 2008 and 2010. Mild or severe traumatic brain injury could cost around $3,977 and $408,684, respectively.

Given the staggering medical expenses that you can incur after an accident, not having car insurance can put you in a deep financial hole. The cost can only get higher if you were deemed at-fault and the other driver was severely injured.

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Car Insurance: A Basic Driving Requirement in the US

Feb 5, 2016 by

From 1981 to 2007, the average annual rate of fatal car accidents was 44,000; from 2008 to 2015 the number went down to 33,000. All those directly concerned with traffic safety are obviously working doubly hard in implementing road safety rules. The National Highway Traffic Safety Administration (NHTSA), particularly, as well as other governmental organizations enact and strictly implement laws which will help ensure the smooth and safe flow of traffic and make vehicles more crashworthy. Some car manufacturers also do their share by continuously conducting researches that will make cars safer, besides equipping their modern vehicles with safety devices.

More than 30,000 deaths every year, however, is still a very big number, especially with the fact that majority of car crashes can be prevented as these are simply results of negligence or human error. It is due to this carelessness (and, sometimes, recklessness), which puts lives and properties in danger, that states require drivers to carry auto liability insurance or some form of proof of financial capability to compensate anyone who they may hurt or whose property they may damage in case an accident occurs due to their error.

Whether you intend to drive a car, a truck or a motorcycle, carrying auto liability insurance is a basic requirement in driving. Now, is this requirement reasonable? Well, on the practical side, if you get involved in an accident which is also your fault, carrying insurance can cover the cost of compensation that need to be paid to your victim. On the legal aspect, besides being one of the requirements when you renew your vehicle registration, carrying car insurance is also required by the law; thus, if you get caught without one, then the results can be much more costly, like getting your driver’s license suspended (this requires payment of fees when you request for reinstatement of your license) or you can eventually lose your driving privileges; you can also be required by the court to carry an SR-22 filing.

According to Franklin, WI car accident lawyers, an SR-22, often referred to as “certificate of insurance,” is actually just a certification that your car insurance provider will need to submit to your state’s Department of Motor Vehicles (DMV) to prove that you already have coverage. An SR-22 usually lasts for three years (some five years depending on the type of traffic violation committed); it also causes a little amount to be added to your insurance premium, making your premium a bit more expensive than the regular amount.

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Types of Medical Malpractice

Nov 19, 2015 by

There are many types of medical negligence, also known as medical malpractice. Lack of approval is just one of them, then the individual is entitled to prosecute the hospital or physician who has made the error, and when this sort of violation has caused a significant amount of harm and pain to the individual. This really is because medical negligence also covers places where medical practitioners or physicians have done procedures that the patients never have given permission to, and is not only due to an error in medical operations or misdiagnosing. This results in the doctors providing their patients personal injuries, which are not ineligible for litigation as well as other harms.

Based on the website of The Law Offices of Yvonne M. Fraser, a medical facility and also the physician that is accountable for the patient possess the duty to get the “expressed” and “educated” consent of the patient before proceeding with a medication or procedure. Many operations require the patient’s expressed written permission, and sometimes the physician may talk about the possibilities that may result in the treatment in the event the form was not signed by the patient and it won’t be done. Yet, it takes much more than the patient since the patient should also be advised regarding the hazards and issues that could be possible, expressed consent for the treatment to carry on possibility appear during the process or treatment. Informing the individual about negative consequences or the possible side effects may inform the individual if they opt to continue with the process or remedy or locate additional choice.

Someone can file an injury-claim for lack of approval if the doctor performed a process or therapy on the wrong part of the patient’s physique, or if the physician has performed a 2nd, unnecessary surgical treatment that resulted in damage to the patient when the individual has only indicated consent to a process. You can find many other problems that could be grounds for an injury-claim from lack of consent. Recently, there has additionally become the requirement for informed written consent for medications, because there are many prescriptions that can cause serve side effects that the patient needs to be advised about. One of the prescription medications that can make acute health complications is Risperdal.

The most important purpose of expressing and telling the hazards and hazards of a surgical operation or medicine to the individual is always to have the individual entirely understand the likelihood of achievement (along with failure) of the proposed procedure. By law, the patient has the right to make an educated choice regarding allowing medicine or a procedure or perhaps not, regarding wellness and their particular physique.

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