Construction Site Accidents: What to Do After Being Injured in Your Workplace

»Posted by on Oct 25, 2016 in Workplace accidents | 0 comments

It should go without saying that construction sites can be extremely dangerous. Data from the Occupational Safety and Health Administration (OSHA) shows that 899 of all 4,386 workplace fatalities that occurred in the year 2014 happened in construction sites. This number translates to 20.5 percent of all workplace accidents. At least 1 in every 5 workers was killed in construction sites in that year alone. Abel Law also adds that construction site accidents account for 10 percent of all non-fatal injuries all across the United States.

These numbers are so alarmingly high because construction sites are workplaces filled with hazards that can complicate an employee’s health and put him or her in harm’s way.  Without proper safety standards and protocol, workers can seriously get injured due to several different circumstances. According to McCutchen & Sexton – The Law Firm, some of the most common workplace accidents could be caused by defective equipment and exposure to toxic materials. Workers can also be put in harm’s way due to reckless conduct and negligent behavior from the management.

It’s fortunate that injured workers in construction accidents have the legal recourse to pursue a personal injury lawsuit.  As one can imagine, injuries suffered by workers in these situations can seriously cripple their ability to earn an income, leaving them unable to pay for medical expenses and provide for their families. Serious injuries can also have a serious effect on a person’s emotional and psychological well-being. Pursuing a lawsuit allows injured workers to seek compensation that could help cover such damages. While it’s impossible to place a monetary value on one’s health and welfare, pursuing a personal injury lawsuit can allow victims some peace of mind knowing that justice has been served in some way. If you or someone you know are in a similar situation, do not hesitate to consult with a legal professional to learn more about your options.

 

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Understanding Child Custody Agreements

»Posted by on Oct 24, 2016 in Child Custody | 0 comments

There’s no doubt that going through a divorce can be an arduous and emotionally draining experience. This is especially true for situations involving divorcing couples that have children together. In such a scenario, a divorcing couple will have to learn to set aside their own feelings—whether it be of animosity or great sadness—and prioritize the well-being of the children that are stuck in the middle of their dispute. In an ideal situation, the couple can come to an amicable decision regarding their child custody arrangement.

Navigating a child custody agreement can be thorny, but it’s important to get right because it determines how the divorcing couple will divide their parental responsibilities. Having a solid child custody agreement helps each parent to continue participating in the life of their child once outside the familiar structure of marriage. While laws may slightly differ from state to state, child custody agreements in the U.S. are generally defined as joint custody, joint legal custody, or sole custody arrangements.

Joint custody refers to an arrangement where both parents are awarded physical custody, allowing their children the opportunity to live with both parents following a specific schedule. Joint legal custody refer to situations where one parent is determined to be the primary caregiver, but both are able to share in making decisions regarding their children’s education, health care, religious affiliation, and other details involving their upbringing. Meanwhile, sole custody refers to arrangements where only one person is awarded physical and legal custody of the child, and the other parent is given visitation privileges.

Child custody agreements are finalized and decided on in court. According to the Law Office of Andrew A. Bestafka, Esq., the factors that contribute to a judge’s decision regarding child custody arrangements include the each parent’s living situation, income, and medical needs. Judges also take into account the education and physical needs of the children, as well as their own opinions regarding the matter. The law also divorced parents the option to modify their child custody agreement. As enumerated by BB Law Group PLLC, modifications to the court’s original decision can be made due to changes in financial and living situations for one or both the parents and changes in the children’s educational or medical needs. Custody agreements can also be modified due to cases of abuse, whether from a parent or a parent’s new partner.

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Personal Injury Information: The Devastating Consequences of Reckless Driving

»Posted by on Oct 22, 2016 in Personal Injury | 0 comments

Traffic accidents happen with alarming frequency in the United States. For the year 2015, the National Safety Council reported an alarming increase in motor vehicle crashes that lead to fatalities. Their data showed that there were over 38,000 people that died in these crashes and around 4.4 million people that reported injuries. According to Pohl & Berk, LLP, one of the main causes for these devastating crashes is reckless driving.

While there is no one legal definition of reckless driving, in most American states it is typically described as a situation where a driver is willfully disregarding the safety of both people and property while using his or her vehicle. Common instances of reckless driving include speeding, tailgating, running red lights and stop signs, as well as failing to signal while making turns or merging into traffic. Among all of these examples, perhaps the most alarming reckless driving behavior is drunk driving. As the Champaign personal injury lawyers of Spiros Law, P.C. point out, drunk driving is a reckless choice that claims thousands of lives every year.

The consequences of reckless driving range from fender benders to the most serious crashes. Victims of reckless driving accidents can end up with injuries as simple as a fractured arm or neck and spinal injuries. When the reckless driver in question is driving a vehicle like a truck that’s much larger compared to the other one involved in the crash, the accident could easily become fatal.  There are times when such negligent mistakes can lead to a minor rear-end collision.

Recovering from the devastation caused by a reckless driving accident can be challenging. If you or anyone you know has been hurt in a car accident, you have the legal option to pursue a personal injury lawsuit and receive compensation for the damages you’ve incurred.

 

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Legal Planning and Elder Law: Alzheimer’s Disease, Dementia, and How to Plan for Your Future

»Posted by on Oct 21, 2016 in Elder Law, personal planning | 0 comments

Alzheimer’s disease is a difficult condition to contend with. As a type of dementia, it progressively destroys a patient’s memory and other mental faculties. This makes even the most simple of tasks a challenge to accomplish as time goes by. Eventually, Alzheimer’s patients will also start to forget basic facts about their own lives and undergo significant changes in their personality. According to data from the Alzheimer’s Association, over 5 million Americans are currently living with this progressive disease today.

The nature of Alzheimer’s disease makes it necessary for patient to plan as much as they can for their future while still in the early stages of their illness. The National Institute for Aging emphasizes how important it is for people recently diagnosed with Alzheimer’s to begin examining their financial and health care directives, and make necessary updates that would help secure their future.

Legal planning for Alzheimer’s disease and other forms of dementia can easily become overwhelming, so it’s important to communicate and consult with trusted family members throughout the whole process. For the most part, legal planning in this specific situation should entail gathering all of your existing legal documents and making every necessary adjustment to all of them, as well as deciding on your medical care preferences and late-stage or end-of-life arrangements. It’s also important to decide on your medical proxy or the person who will be responsible for making medical decisions on your behalf once your illness has progressed to the point where you can no longer make them on your own.

Through this process, it would be best to seek out legal counsel and work closely with a lawyer with experience working with patients suffering from dementia. Look for a qualified elder law attorney working in your state to begin planning for your future. Those in Illinois can look to a Chicago elder law attorney from Peck Ritchey, LLC for more information.

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Balayage 101: What Is It, How Is It Done, and Why Should I Go for It?

»Posted by on Oct 20, 2016 in Uncategorized | 0 comments

There’s nothing new about balayage highlights. While this hair coloring technique has been around for a while, it’s only been recently experiencing its time in the spotlight thanks to the likes of Kim Kardashian, Chrissy Teigen, Olivia Wilde, and Gisele Bundchen.
What exactly is balayage?

Balayage borrows its name from the French word meaning “to sweep”. As a hair coloring technique, it refers to freehanding the color onto the hair. Unlike the traditional foiling technique for coloring hair, balayage requires that highlights be painted on so that strands won’t become too saturated with dye. This result in softer, more natural-looking highlights that, according to hair experts of Therapy Hair Studio, is said to mimic the way that sun touch the hair.

What are the benefits of getting balayage highlights?

One advantage to balayage highlights is that it can work with a variety of different hair types and textures, as well as hair color. Another thing that attracts plenty of women to this trend is how low maintenance it can be. Usually, getting your hair dyed requires periodic touch-ups that require frequent trips to the salon. There’s little need for that with balayage. Since color is applied on the hair in a way that’s meant to look natural, balayage highlights can go for up to 12 weeks without needing to get retouched. Also, if you’re someone who’s hesitant to try artificial coloring because of how much it could damage your hair, you can rest easy knowing that balayage doesn’t use as much product as other coloring techniques do.

Plenty of women are interesting in trying out balayage because it results in versatile, natural-looking highlights that require little maintenance. Even as it rules the red carpet, the balayage technique is perfect for women on the go looking to change up their style.

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The Alarming Connection between Power Morcellators and Uterine Cancer

»Posted by on Oct 18, 2016 in Morcellators | 0 comments

Uterine fibroids refer to noncancerous tumors that grow in the uterus and can cause symptoms like bloating, heavier and more painful menstruation, cramping in the lower back and pelvic area, frequent urination, painful intercourse, and even fertility problems. It is a common medical problem for women in their reproductive age and, thanks to advances in pharmaceutical technology, can be easily solved through non-invasive surgery.

The surgical tool that allows doctors to cut down and shred uterine fibroids through a small incision is called a power morcellator. Through a process called morcellation, these surgical tools work by using fast-spinning blades to slice up fibroid tissues, which then allows doctors to extract the shredded fibroids laparoscopically. While it may work effective for extracting benign tumors from the uterus, the problem with this method becomes evident when a patient turns out to have undetected cancerous growth. In such situations, morcellation causes the cancer to spread and advances the patient’s illness.

This is exactly what happened to a Philadelphia doctor last 2013. Dr. Amy Reed was supposed to go through a routine fibroid removal. What ended up happening after she’d gone through the surgery was her undetected cancerous growths were broken down and spread by morcellation. It’s because of Dr. Reed and women like her that the U.S. Food and Drug Administration have attached significant risk to the use of morcellators.

According to uterine cancer lawsuit attorneys of Williams Kherkher, top manufacturers of power morcellators have already gone ahead and pulled some of their products off the market. There’s also been some effort to reduce the risk of morcellation through the use of a containment bag that could prevent the spread of cancerous fragments. Still, these efforts come a little too late for many women that are already suffering due to the dangerous connection between morcellators and uterine cancer.

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Restore Your Natural-looking Smile In No Time At All

»Posted by on Sep 15, 2016 in Dental | 0 comments

The eyes are the windows of the soul, but it is still our smile that lights up our face. Your smile is part of the first impression you make and how extra wonderful it will be if your smile is “backed up” by a set of healthy and bright white teeth.

Not only are healthy, white teeth the best accessory you can wear; these also create in you a youthful appearance. The positive effects of having white teeth, however, have caused in many an obsession to having their teeth become as white as possible. Thus, when the American Academy of Cosmetic Dentistry made a survey on what people liked most to improve about their smile, the top reply was whiter teeth. The American Association of Orthodontists says the same after studies show that almost about 90% of dental patients have asked for the same service: tooth whitening.

Before getting obsessed with having sparkling white teeth, however, the initial question should be, if the set of teeth that you want to be whitened is still complete. Unfortunately for some people suffering from tooth loss due to decay or other natural causes, they will require other types of dental treatment that will put teeth whitening at the bottom of the list.

Tooth decay, gum disease, root canal complications, mouth trauma, and wear and tear are the most common causes of loss of a tooth or multiple teeth in many individuals. Our teeth are covered in enamel, the hardest substance (produced by animals, including man), which is also relatively resistant to chemicals and to wear. As we age, however, our teeth get subjected to various factors which damage the enamel surface, resulting to different oral problems, the most common of which is tooth loss.

As explained by Dr. Sid K. Steadman D.D.S. in her website, though a person may suffer loss of a tooth or multiple teeth, there are now ways available to replace virtually any missing tooth in a way that will keep these replacements looking completely natural: through dental implants. Not only are dental implants a long-term, restorative solution, but these can also improve one’s dental health and hygiene. Additionally, dental implants will allow recipients to eat the food they enjoy without any difficulty chewing and without other complications, and help quickly regain a person’s natural-looking smile in no time at all.

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Have You Undergone Morcellation Treatment?

»Posted by on Sep 14, 2016 in Medical Injury | 0 comments

On April 17, 2014, the U.S. Food and Drug Administration issued a safety alert that warned doctors from the continued use of power morcellators in laparoscopic surgery. The first to respond to this FDA safety communication notice was Ethicon, the power morcellator manufacturing unit of Johnson & Johnson. Ethicon suspended its national and global promotion, sales and distribution of its highly-engineered power morcellators, the Gynecare X-Tract Tissue Morcellator, the Morcellex Sigma Tissue Morcellator System, and the Gynecare Morcellex Tissue Morcellator; it also recallied from the market and requested doctors and hospitals to return their power morcellators to the giant manufacturing firm.

A morcellator is a medical device used in laparoscopic or minimally invasive, surgeries. It is designed to cut the uterus and other larger tissues into tiny pieces to enable these (pieces) to pass through a tube that is inserted into the body through a 0.5-1cm incision. This device was made available in the early 1990s to enable doctors to perform hysterectomies faster, with lesser blood loss and pain, and with minimum chances of infection. Despite requiring (four) incisions, these tiny surgical wounds made by the device still healed much faster compared to the 5 – 7 inches abdominal cut necessitated in traditional hysterectomy procedures, which took a long time to heal. Since the 1990s the FDA has approved the use of about two dozen laparoscopic power morcellation devices and, unfortunately, despite the safety warning it issued in 2014, many doctors continued to use the device.

Hysterectomy, which is the second most common surgery performed on women (the first is caesarean section), is the surgical procedure that removes the uterus. It is usually required to treat various conditions, including: ovarian cancer; pelvic cancer or cancer of the uterus; uterine fibroids or myomas; pelvic inflammatory diseases; chronic pelvic pains; uncontrollable vaginal bleeding; growth of uterine fibroids or benign tumors in the uterus; uterine prolapse (a condition wherein the womb or the uterus drops halfway from the cervix to the vagina or birth canal); adenomyosis; and, endometriosis.

As explained by a Morcellator lawsuit attorney, morcellators are particularly well-suited to remove certain noncancerous growths during a laparoscopic surgical procedure, as these devices can help break down non-cancerous tumors and tissues into smaller pieces. However, if a patient does have cancerous tumors or growths (specifically, uterine sarcoma, which are almost undetectable), morcellators can spread these cancerous tissues too. As such, the unintended consequences associated with the use of morcellators can be devastating and may include cancer growth, particularly metastatic leiomyosarcoma, uterine cancer, uterine sarcoma, endometrial stromal sarcoma, the abnormal growth of tissue and/or direct harm to healthy tissues.

Lawsuits have already been filed by a number of women already diagnosed with leiomyosarcoma, the most common type of cancer in women who have gone through morcellation treatment. There are many more women who may still not be aware of the possible effects of power morcellators or who may not know what legal steps to pursue to attain justice if ever they too are victims of the cancerous effects of the device. Contacting a morcellator lawsuit attorney immediately to find out their medical condition and for guidance on the best legal option to take will be a wise thing to do.

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DUI: Still a Major Traffic Problem in all US States

»Posted by on Sep 13, 2016 in Alcohol Related Accidents | 0 comments

According to the Centers for Disease Control and Prevention (CDC), motor vehicle accidents involving alcohol-impaired drivers caused the deaths of 10,322 individuals in 2012. Two years prior to this, more than 1.4 million drivers were arrested after they were found intoxicated by alcohol and/or illegal drugs.

Driving under the influence (DUI), whether of alcohol, illegal drugs or prescription drugs, continues to be the cause of thousands of fatal accidents in the U.S. Despite learning even during childhood that drinking and driving is a very dangerous combination, so many rather choose to act irresponsibly on the road.

As mentioned by Dr. Barron H. Lerner, MD, PhD, in his book, “One for the Road,” love of drinking and love of driving of Americans are both implanted in the nation’s culture. This is probably why, despite stricter laws, harsher punishments and heavier fines, so many Americans, especially young drivers, continue to drive while under the influence.

The current blood alcohol concentration (BAC) limit for drivers in all US states is 0.08%, while for drivers below the age of 21, a “No Tolerance” policy is in effect (this policy mandates that no trace of alcohol should be found in the blood system of those under 21 while they are driving as the leading cause of death among teens is traffic accident, with about a third of it being due to alcohol or drug intoxication).

The law considers drunk driving as a grave act of negligence, much more so if someone gets injured or killed. Drivers who will be found intoxicated while driving will be charged with DUI, or driving under the influence, a serious crime in all US states. Depending on the BAC level or if anyone is hurt in the accident, the punishments become heavier and the fines, more expensive; there are also the possibilities of the court ordering the guilty driver to have an ignition interlock be installed inside his or her vehicle and that he or she carry an SR-22 filing.

According to a Danville car accident lawyer, alcohol decreases coordination as well as delays reaction speed. When combined with a vehicle weighing thousands of pounds and traveling at high rates of speed, it is no wonder it can kill or cause very serious injuries.

Some of the effects of alcohol, as mentioned in the Sampson Law Firm website are severely lowered reaction times, blurred vision, reduced depth perception, lack of concentration and reduced coordination. Clearly, these effects only create a more dangerous driving environment for everyone on the road. Driving a motor vehicle requires the utmost in concentration and coordination, both of which are impeded by the effects of drinking alcohol.

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What to Do if You Get Arrested While Vacationing in Another State

»Posted by on Sep 12, 2016 in Arrests | 0 comments

Spring break means vacation – time for great fun in a most desirable spring break destination. It has been customary, especially for the young, to skip out of town and spend time of fun and adventure in a state, where laws on driving, drinking, mere possession of alcohol or illegal drugs, and DUI are unknown to them. One thing is sure, however: what is considered to be a crime in one state is also a crime in another.

The most common problem with minors vacationing in another state, like in Destin, Florida for example, is their careless way of having fun. Packed with alcohol and, sometimes illegal drugs, many become unmindful of their raucous behavior and the disturbance they cause which, often, result to injuries to themselves and/or others.

While getting arrested for possession of alcohol and causing injury to someone while intoxicated can result to serious punishment, mere possession of alcohol alone can already put them in trouble.

States differ in treating or in punishing illegal acts, like DUI or minor in possession (MIP) of alcohol. Those caught possessing alcohol, for instance, 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 for those charged with PAULA or MIP for the first time (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. Other states also suspend offenders’ driving privileges.

According to the Fort Walton Beach arrest attorneys from the Flaherty Defense Firm, the influx of young people in Florida’s popular beaches and vacation destinations have sometimes resulted to arrests due to violation of the state’s law on illegal possession of alcohol. An arrest, however, will definitely be a cause of great inconvenience to an out-of-state visitor who will have to worry about how he or she will be able to be consistently present in court.

As pointed out in the website of the Law Offices of Mark T. Lassiter, however, there are times when the overzealousness of police officers result to wrongful arrest. A wrongful arrest or not, a criminal charge is always a threat to one’s future as this can affect his or her personal and professional life. A person who has been arrested and charged of committing a crime will definitely need the most convincing defense from a seasoned criminal defense attorney to help ensure the safety of his or her future.

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