Dangers of Speeding

May 2, 2015 by

Millions of Americans are injured in car accidents due to speeding every year. The injuries from these accidents range from minor scrapes to death. The financial damage from these reckless driving incidents results in billions of dollars in repairs to property and medical expenses. Speeders who are caught have to pay fines. Those who are not stopped and go on to harm innocent people end up costing society much more.

Speeding is defined as exceeding the designated speed limit on a public road or driving faster that conditions allow. The act of speeding affects the driver’s ability to control the vehicle, creating an unsafe situation for the vehicle operator and the bystanders in the area. The driver may be unable to stop quickly, navigate turns along the road, or react to the driving of other drivers sharing the road.

Around 30 percent of vehicle accidents are an outcome of speeding. Speeding increases the severity of damage when a collision occurs. For every 10 miles over the speed of 50 mph, the impact force of the colliding vehicles doubles. As the crash force increases, so does the likelihood of serious injury or death.

Drivers choose to speed for a number of reasons. They could be in a rush, not paying attention, not believe their driving is dangerous, or under the misconception that the law does not apply to them. While any one could be at fault for speeding, the risk is more prominent in young men. As age increases, the likelihood of speeding or being involved in a fatal speeding accident decreases.

According to Memphis auto accident lawyers, the financial damage to a person or property in speeding accidents can be substantial. The physical damages sustained in an accident may require expensive medical bills or leave from work to recover. The emotional damages after being involved in a frightening accident can also be severe. If you or a loved one was involved in an accident due to a driver that was speeding, contact a personal injury attorney in your area to inquire about compensation for the injuries you suffered.

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The Consequences of Not Wearing a Seatbelt

Feb 26, 2015 by

Car accidents are traumatic experiences with risks to severe injuries if the involved drivers and their passengers (if there are any) are not wearing a seat belt. The use of seat belt is a mandate in the US, previously a federal law that was passed on January 1, 1968. This law was intended to lessen occasions of injuries or deaths, a natural phenomenon during vehicular accidents.

The Governors Highway Safety Association (GHSA) mentions two divisions of the seat belt law: primary, wherein traffic enforcers are authorized to issue a ticket to a driver if he/she and/or his/her passenger are/is unbuckled while driving (even with the absence of any other traffic violation), and secondary, which necessitates another citable traffic offense for an enforcement officer to ticket a driver in the event that he/she and/or a passenger are/is unbuckled.

Though originally a federal rule, the stipulations of the seat belt law is now dependent on the state that is particularly enforcing it. Other than the driver, the law also considers the age of the passenger and the specific seat where he/she is seated. Those seating at the backseat are usually not required to buckle up (after reaching a certain age. Children below the age of 7 should be protected by a seat belt all the time. There is a separate law with regard to seat belt requirements for infants and toddlers).

A seat belt, like any other car part, should be without any defect. To ensure this, the Federal Motor Vehicle Safety Standards, which took effect in December of 1998, requires the crashworthiness of seat belt assemblies. This is because a defective or poorly-manufactured seat belt (such as a seat belt buckle loosening by itself, release buttons failing to work properly, or the belt itself tearing easily) may just prove to be more harmful to its user than ensuring safety during vehicle collisions.

No amount of safety can be equaled by a seat belt that works properly and effectively. According to the website of Abel Law, if the seat belt is found defective and as the cause of injury, then the victim may have the legal right to claim compensation from the manufacturer of the defective part.

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Seek Justice After Medical Malpractice

Jan 5, 2015 by

It is almost a truth universally acknowledged that medical practitioners are to be respected, nearly without question. After all, simply going into the industry of caring and curing living beings comes hand in hand with the responsibility that all great power comes with. Ever greater is the responsibility when dealing with life and death and even those in the medical field are still human – and are still subject to human error. Ever greater is also the enormous price that one little grievous error from a medical practitioner could cost.

Medical malpractice occurs when a medical professional, due to intentional or unintentional negligence, causes harm to come to a patient. According to the website of the Sampson Law Firm, some cases of medical malpractice have resulted into some patients even going insofar so as to become permanently disabled or even, at the worst possible scenario, dead.

There is already great inconvenience that comes with being disabled or ill, hence why you would seek medical assistance in the first place; if it is the malpractice within this field that further impairs you, you are warranted to seek immediate legal expertise in order to demand due compensation. Sometimes, it can be as simple as to financial recompense for medical bills and lost wages following an accident. Sometimes, the aftermath is so devastating that it can follow you for the rest of your life, causing more hindrance to your lifestyle, adding to the injury and to the charges that you are owed.

If you or someone you love has suffered unfortunate circumstances due to a medical professional’s negligence or lack of service that is kept within the standard of care within the medical community, then it is advisable to look for attorneys who can help you with this claim. This kind of case can be difficult enough as it is, without the added baggage of recovery and trying to just live your life back to the way it was before this injury, and this process can be complicated and needlessly prolonged.

Many hospitals and insurance companies would be more than happy to let this issue never find its just resolution so long as the compensation is kept within house. Demand the justice that you or your loved one so rightfully deserves and seek out legal aid that believes exactly that, in order for your case to be properly represented without you needing to be stressed out even more than you, understandably, surely are.

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The Need for Freight Factoring

Sep 24, 2014 by

Truckers know the ins and outs of trucking, and if they are newbies, they learn real fast. The really experienced truckers should do quite well when they strike out on their own and start their own trucking business, then, right? Well, not necessarily.

You see, there’s a great divide between driving a truck and driving a truck business. When you’re driving a truck and hauling freight, you are a technician concerned only with how to get where you’re going fast and delivering the goods safe and sound. You don’t have to worry about expenses like fuel, vehicle maintenance and repair, rent, utilities, office equipment and supplies, payroll, taxes, and so on. But when you’re in business for yourself, you’ll realize in a hurry that there is more to the trucking business than trucking. Unfortunately, many put all their savings and then some into the dream of becoming their own boss and realize this reality too late to pull back without losing everything.

The biggest problem for start-up trucking companies is the lapse between the job and payment. One of their earliest realizations is that with large trucking companies offering flexible payment terms to clients they can do no less in order to stay competitive. In the meantime, expenses just keep piling up, more so ironically when business is good. If they want to get more and repeat customers, they need to spend more first; the thing is where will the money come from? As pointed out on the TBS Factoring website, it is difficult to get a traditional bank loan and takes too long besides.

This is the role that freight factoring plays. It bridges the gap between the job and the payment by advancing the cash value of an invoice payable in 30 to 90 days so that the trucking company can keep afloat. It’s not a charity; freight factoring companies slice off a small piece of the pie for themselves. Overall, though, the fee is nothing compared to the cost of money of waiting for 30 to 90 days for an invoice to become due. Moreover, having the cash on hand makes it possible for the trucking company to accept more jobs and expand the business.

Freight factoring is not for everyone; certainly not for a trucking business with good cash flow. However, for the typical small trucking company, it opens up financing options that would otherwise not be available.

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Emotional Abuse in Nursing Homes

Jul 22, 2014 by

About 16,000 nursing homes in the US offer care and shelter to more than three million elders, mentally incapacitated young adults and victims of accidents requiring therapy and rehabilitation. Though sending an elder to a nursing home, where their needs can very be provided for, is a common practice, many Americans are beset by worries, due to widespread news of abuses committed to nursing home residents.

The most common reported abuses committed against elders include emotional abuse, physical abuse, financial abuse and sexual abuse, which is the most wicked of all types of abuses. Mistreating elders and other residents emotionally can be done through many different ways. It can be through humiliation or scorn, isolation from others, threats or behavior meant to scare a resident, taking no notice or frequent disregard of an elder, or constant blaming and yelling even for the simplest mistakes.

Many nursing homes reason out that they do not have enough number of nurse aides, staff and registered nurses, thus their employees are often overworked, tired and fatigued from all the needs and requests of residents which seem to be endless.

Emotional abuse is usually never immediately obvious, but being really observant of sudden changes in a resident’s behavior may just manifest the fact that something is wrong. Emotionally abused residents typically:

  • Begin to display low self-esteem
  • Avoid having eye contact with other residents
  • Stop speaking openly, to hide the abuses they are suffering from
  • Start feeling hopeless, disturbed, or afraid
  • Become depressed and withdrawn
  • Begin to show abrupt mood swings

While injuries or any kind of harm sustained by residents in a nursing home facility may be considered a personal injury and, thus, deserving compensation, the act of abuse itself is considered a criminal act, deserving harsh punishments.

Listening to an elder or being more observant of them may help expose abusive personnel; the abused resident, most certainly, will never speak out or complain. Often it is the duty of the person in charge of the nursing home or the relatives of the abused to save the resident from further acts of maltreatment.

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New Hampshire’s Early Offer Program in Medical Malpractice Litigation

Jun 13, 2014 by

The New Hampshire Early Offer Option Alternative (RSA 519-C) enacted in mid-2012 has spurred a lot of debate in legal circles. Touted as the “first true medical malpractice reform program,” the option offered to patients who suffered injury from the negligence of a healthcare professional or facility has the potential to do away with the court system altogether and all its attendant disadvantages.

A typical medical malpractice suit takes a long time to come to a resolution. On average, it takes about 40 months to get to verdict, and after all that there are no guarantees of success for the plaintiff. While reputable New Hampshire medical malpractice lawyers take cases on a contingent fee basis, this will not take care of the other expenses that the plaintiff has incurred, both economic and non-economic.

The Early Offer program offers plaintiffs the option to consider a settlement proposal from the defendant without going through the court process, or even filing a case. Plaintiffs merely have to submit a notice of injury drafted by experienced New Hampshire medical malpractice lawyers to the insurer of the responsible party which includes details of the case, including:

  • Complete details of the causative event
  • Severity of the injury
  • Medical records and expenses related to the injury
  • Proof of lost income
  • Amount of desired compensation

Plaintiffs are not required to consider a settlement offer; they can request not to receive it and file a case straightaway. Plaintiffs are also not required to accept an offer if they agree to receive one from the defendant. An Early Offer settlement typically covers economic damages plus a little more and the legal fees of the plaintiff, but does not include non-economic damages such as pain and suffering.  A typical Early Offer case takes a few months to settle, considerable less than a typical medical malpractice lawsuit.

However, if a plaintiff does request an offer and rejects it, the “loser-pays” policy comes into effect. What this means is that if the court finds for the defendant, or awards the plaintiff an amount that is less than 125% of the settlement offer, the plaintiff will have to pay for reasonable legal costs of the defendant. In fact, in such a situation the court will require the plaintiff to post a bond for an amount determined by the court before it will proceed with a case.

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The True Cost of Divorce

Jun 10, 2014 by

The divorce rate in the U.S. is 50%, which means that for every ten married couples, five will eventually divorce. This is certainly tragic from an emotional and psychological point of view, but few consider how truly staggering the cost of divorce really is.

Unless you are very rich or very poor, ending your marriage is a good way to end up in bankruptcy. For the average middle-class American with children, the financial burden of splitting one household into two can literally break the bank. As pointed out in the website of law firm Ryan J. Ruehle, LLC in Cincinnati, it is all too easy to underestimate the costs of divorce and you only realize how bad it is when you get the bill.

Most people think of lawyers as being the only beneficiary of a divorce, but the fact of the matter is professional legal fees are among the most predictable of divorce costs. The real money drain is when a divorce is handled through the court system rather than mediation. The fees associated with litigation in divorce will depend on whether there are children, if there is a family business and other property to split up, retirement plans, debts, alimony, and so on, but typically costs upwards of $10,000 each in 2012. And then you have the actual monthly payments you have to make for child support, rent, utilities, and so on.

Mediation is a little better if the parting of ways is amicable and both parties are willing to work together to come up with a divorce agreement and parenting plan (if there are children) they can live with and a judge can approve.  To do this as effectively and economically as possible, you will need a divorce lawyer conversant with the family law in a particular state to help draft the agreement so that it protects your rights but deals fairly with your ex-spouse. It will minimize the time needed for mediation, which will cut costs considerably.

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Types of Luxury Fishing Yachts

Jun 7, 2014 by

If you are in the market for the luxury fishing yacht that will let you enjoy the great outdoors, you should know that there are a lot of options out there. While all fishing yachts are built for sports use, it is also designed with the adventurous in spirit but appreciative of comfort in mind. Take the time to look around and compare amenities before deciding on the yacht for you.

Typically, a fishing yacht is between 25 and 70 feet long and at least a sleeping cabin. If you’re in it for the fun, you will want one with more amenities such as high-end entertainment systems, bar, and a spacious cockpit for excellent visibility. These are called recreational sport fishing yachts, and usually come equipped with powerful engines designed for deep sea trips and multiple reels and nets for catching fish.

If you’re in it for the competition, you will want one that is built more for the fish than the passenger. The point in competitive fishing is to get as many fish and as large a specimen as you can snag, so these boats are typically designed for sturdiness, and have a box fit system to maintain balance. The engines for these yachts are not built for speed but for fuel efficiency and the most expensive equipment are not for entertainment but for tracking fish and communications. The fishing equipment is also stronger and of a better class than those typically found in recreational luxury fishing yachts.

If you prefer a hybrid of these two types of luxury fishing yachts, you will have to have it customized to your specifications. This can be a significant investment so you have to be careful. It is important that you find a custom builder that specializes in luxury fishing yachts to make sure that you get what you want at the best possible price, or you could find yourself on the wrong end of the hook.

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Practicing Medicine without a License

Jun 5, 2014 by

Medical professionals in the US are required by law to obtain and retain a state license to practice, and are obliged to obtain and retain a license in each state where they practice. For example, if a doctor has offices in both California and Oregon, he or she must have a license for each state. Practicing medicine without a license in any state carries both criminal and civil sanctions.

State laws regarding criminal sanctions for practicing medicine without a license vary, but generally carry a prison term of between one to five years plus fines. Civil liability, on the other hand, lies in the presumption that having no license is a form of medical malpractice, and that any harm that a patient suffers after receiving medical treatment constitutes negligence.

There are instances when the lack of a license is because the individual is not eligible to get a license i.e. does not have the necessary training but practices medicine anyway. There are also once-licensed medical professionals whose license had lapsed at the time a patient was being treated. In the former, there is a clear intent to commit a crime, and there is no defense for it. In the latter, however, there are possibly mitigating circumstances that can constitute a viable medical license defense.

It sounds like an excuse, but a surprising number of medical professionals simply forget to renew their state license, which is why in some states such as Massachusetts license renewal coincides with the licensee’s birthday. It is entirely possible for a doctor to continue practicing medicine in good faith without realizing that the license for that state is expired.

Of course it is not as simple as that. The laws governing licensure are highly complex, and mounting a defense for practicing medicine without a license can be very tricky. A medical professional facing a criminal charge for practicing without a state license risks forfeiting the opportunity to practice anywhere in the U.S. because anyone with a criminal record is disqualified from getting a professional license. It is extremely important to get a qualified professional license defense lawyer on board at once to avoid criminal sanctions.

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Motor Vehicle Accidents are Inevitable…but Not Always

Jun 3, 2014 by

There are a lot of cars in the US. Nobody really knows how many as there are quite a few that are not registered, but it is estimated that there are at least 250 million motor vehicles operating on US roads—not all at the same time, though. Nevertheless, that’s a lot of cars. Just going by sheer number, it is inevitable that auto accidents will happen.

According to the website of SC personal injury lawyer Goings Law Firm, LLC, The problem is that in too many cases, car accidents happen because someone was careless, reckless, distracted, or otherwise negligent. According to the latest fatality analysis report from the U.S National Highway Traffic Safety Administration (NHTSA) for 2012, a majority of the 33,561 deaths from auto accidents were alcohol-related (31%), and the victims were pedestrians and motorcyclists—they weren’t even in car! Annually, about 2 million people are injured in car accidents, many severe enough to require extensive hospitalization, temporary or permanent disability, prolonged recovery and rehabilitation, and lifelong therapy that exceed most health and medical insurance coverage. It is enough to break the back of the average American.

According to the website of Habush Habush & Rottier S.C. in Rhinelander, a serious car crash injury or death affects not only the victim but the family as well. Major adjustments must be made to manage the physical, emotional, and financial burden that result from the death or serious injury of one family member. It is just right if the responsible party had acted negligently that steps should be taken to require the reckless driver to share some of the burden.

If you or an immediate family member suffered serious injury or death because of a reckless, distracted, or impaired driver, find a reliable and experienced personal injury lawyer to address the issue. You need competent legal representation to make sure that your rights under the law are fully protected.

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