An injury, which is due to a person’s negligence, is called a personal injury. It may be physical, emotional or mental; it could also be intentional or unintentional. Personal injuries can happen through many different ways, including, but not limited to: car accidents; motorcycle accidents; truck accidents; construction accidents; medical malpractice; defective products; slip and fall accidents; and, nursing home abuse or negligence. While many accidents result to severe injuries, there are cases wherein their effect is much more damaging, leading to a victim’s wrongful or untimely death
In a wrongful death situation, the family or the dependents of the deceased victim can pursue a legal action, primarily, for the purpose of seeking justice. This legal action, which is called a wrongful death claim, is for the benefit of the “real parties in interest,” meaning, the surviving family members and the decedent’s (or deceased victim) other dependents. A wrongful death claim is a special kind of personal injury lawsuit which is intended to seek compensation for whatever pecuniary or financial damages the dependents may suffer, like loss of the decedent’s financial support, services and companionship, lost prospect of inheritance, medical expenses, and funeral expenses.
A representative, who would act on behalf of the “real parties in interest,” has the duty of filing a wrongful death claim. The “real parties in interest” do not only include the decedent’s immediate family, which means the spouse, child/children and/or adopted children, as there may also be other individuals who, based on their relationship with the deceased victim, are also considered by some states as having the right to be included in the “real parties in interest” group. They are the decedent’s parents, distant family members, like brothers and sisters, and grandparents, financial dependents, and, life partner or putative spouse (a putative spouse is someone who has cohabited with the victim. He/She entered into marriage with the victim, however, due to a legal flaw, like a previous marriage that still exists, their marriage was declared invalid).
As explained by a wrongful death attorney from the law firm Habush Habush & Rottier S.C. ®, those who have experienced the wrongful death of a loved one, regardless of the cause, may be able to fight for compensation in order to help deal with the consequences of their loss. Compensation should include medical costs, funeral expenses, loss income which should have been earned by the deceased victim, and loss of companionship among others.
Despite today’s modern medical equipment, records from the Agency for Healthcare Research and Quality (AHRQ) of the U.S. Department of Health & Human Services, show that as many as 28,000 babies continue to be born with a birth injury every year. Though most of these injuries are minor and heal without any need for treatment, some are serious enough to alter an affected child’s life.
A birth injury, also called birth trauma, refers to any type of injury or harm sustained during the birthing process. A birth injury is usually due to a difficult delivery which, in turn may be due to the abnormal position of a fetus in the uterus at birth, the mother’s birth canal being too small; or, the fetus being too large. Doctors usually use a vacuum or forceps when delivering larger babies in order to make babies’ passage through the birth canal easier. Use of birthing instrument, however, can result to neonatal injuries, especially if the doctor is not careful when using birthing instruments or uses too much force. Difficult delivery or not, though, many legal and medical professionals say that the major reason why many babies suffer injuries is because of negligence and that acts of negligence are committed in delivery rooms far more frequently than anyone may realize.
The 10 most common birth injuries suffered by newborns include:
According to The Benton Law Firm, we place our trust with the health care industry any time we are sick or injured. It is therefore an awful situation when a doctor or hospital has upset this trust. You should not be afraid to bring a claim against a doctor who has committed an act of negligence which has injured you or your newborn child. The law gives you the legal right to take legal actions against the negligent physician, member of the medical staff or the hospital itself, for all the present and future damages resulting from the injury.
Your loved one may need a lot of attention and if you can’t always provide them with the assistance they need, it may be time to hire caregiver. With thousands of candidates out there with caregiving experience, it can be daunting to attempt to hire someone without doing some research. Assuring that professional medical care will be administered correctly by a caregiver who shows kindness to your loved one is the ultimate goal when seeking to hire help.
There are two commonly used routes when it comes to selecting a caregiver. According to SeniorAdvice.com, “you can either enlist the help of a professional in-home placement agency, or privately hire a caregiver directly” and each have benefit to them. If you hire a caregiver directly, you have complete control over who you ultimately chose. If you use a placement agency, they handle all the paperwork, taxes, and legal issues when it comes to having a caregiver, as well as providing background checks and training for caregivers.
No matter what route you take, there are a few things to consider before officially hiring a caregiver:
In this day and age of economic downturn, market pressures and more stringent competition, it is normal for many businesses to face a wide range of challenges. As a business owner bombarded with countless financial problems, it is important to first re-assure yourself that you are not the only businessman facing the same issues that you have. In this geography of volatility and unpredictability, no enterprise is really spared from dealing with all these hardships, and the key here is to know what to do in order to stay afloat and keep moving.
Look at the bigger picture
With all these problems at hand, you might be tempted to get busy monitoring each business process up close. However, not taking a step back to see the macro-picture would lead you to miss out on things that are more important. Although attention to every detail is needed especially in this time of austerity, do not forget to take a broader look to see the bigger picture. That way, you are detaching yourself from trivial, tactical things and are starting to be engaged in more strategic activities, such as root cause analysis and business planning.
Trim down your business, but do not cripple it
As you see your business in a more macro perspective, you may notice that there are segments, processes, and operations that you can actually let go. But although trimming down to reduce costs is necessary for your business survival, it can be dangerous too, especially if it negatively impacts how your business provides its goods/services. So, before you trim down, see if it can profoundly affect your return on investment.
Look for other ways
Refinancing your business through loan is among the most common action company owners take to improve cash flow. You may also seek financial aid from foreign investors. In the U.S., for instance, many Russian-speaking EB-5 lawyers are in the business of helping foreign investors invest in troubled business through the country’s Immigrant Investor Program. In certain situations, filing for Chapter 11 bankruptcy has also been proven effective in realigning a business’ financial status.
A patent is among the many different legal avenues that allow creators and inventors to protect their original works. Unlike copyright laws and trademarks, a patent is a type of protection that is especially meant for non-artistic creations and inventions. Through a legal document issued by the federal government, a patent protects a new invention from being copied and sold by another party.
Federal law delineates three different types of patents. The first one is called a plant patent, which protects different varieties of hybrid plants that were artificially produced by inventors. The next type is called a design patent, which ensures that the aesthetics and appearance of inventions and other manufactured objects remain unique and protected. The third and last type is called a utility patent, which is meant to protect any type of invention that has been created for a specific purpose. When issued any type of these three patents, an invention will be protected for 20 years. After it expires, others parties will be able to use, copy, and sell the invention on their own without legal repercussions.
According to the website of Gagnon, Peacock & Vereeke, P.C., the complexity of patent laws can make the process long and taxing for small-time inventors. Most of the time, there is a wide-range of factors that need to be considered in order to know if an invention is patentable. The whole process will entail several steps that include conducting a patentability search and possibly preparing appeals to the Patent Trial and Appeal Board (PTAB), as well as the Federal Circuit Court of Appeals.
All in all, patenting an invention is an important step to help protect original creations from being copied and sold by another party. This is especially crucial for inventors in businesses that involve a lot of competition. Considering its importance, filing for a application needs to be accomplished as soon as possible and with the assistance of lawyers experienced in the nuances of patent laws.
Morning sickness is one of the most common symptoms experienced by plenty of women during pregnancy. The non-profit group Pregnancy Sickness Support estimates that at least 70 to 80 percent of women experience what medical professionals identify as nausea and vomiting during pregnancy or NVP. Most of the time, cases of NVP are manageable through simple home remedies. However, there are times when the symptoms become intense and cause women to become dehydrated and lose important nutrients. In these cases, doctors try to mitigate symptoms through the use of prescription medication.
Zofran, also called Ondansetron, is among the most common anti-nausea drugs prescribed to pregnant women. It was originally approved by the U.S. Food and Drug Administration (FDA) to treat the nausea and vomiting symptoms caused by cancer treatments and surgery. However, mostly due to marketing by drug manufacturers, the off-label use of Zofran for NVP treatment remains rampant.
While Zofran proves to be an effective treatment for severe cases of NVP, there have been recent reports that highlight its potential danger to the mother’s unborn child. In fact, the website of lawyers Williams Kherkher indicates that there may be links between the use of Zofran and devastating birth defects and injuries. Even the FDA has taken notice. Through a Drug Safety Communication statement released in 2013, the FDA warns the American public about elevated risks involved with taking 32-mg dosages of the drug. In a similar vein, a study conducted by the Canadian Motherisk program urged pregnant women to take caution when prescribed to take Zofran, noting that the potential risks might outweigh any benefits.
Despite these warnings, plenty of pregnant women continue to use Zofran to alleviate morning sickness symptoms. If you are concerned about the medication you are currently taking, it would be best to have an open dialogue with your physician and ask about possible alternatives.
Any accident can be an extremely traumatic experience, and the devastating consequences left in its way can cause profound effects on a person’s life. This is especially true for accidents resulting in injuries that end with some form of disability. A disability can cause difficulty in a person’s ability to earn meaningful income and support themselves and their family. Thankfully, the government has several safety nets in place to ensure that a person’s medical condition does not weigh down their quality of life.
Individuals suffering from disabilities can receive financial assistance through two distinct Social Security disability benefits programs. The first option is called Social Security Disability Insurance or SSDI. It is available for insured Social Security members aged 65 and below who have been employed long enough to make necessary payments and contributions. The second option is called Supplemental Security Income (SSI), which is composed by payments from the U.S. Treasury. These are for disabled individuals not more than 65 years of age and are unable to meet the necessary employment criteria for SSDI benefits. The claimant should also fall within an income bracket called the federal benefit rate, showing that their current finances are not enough to cover basic necessities.
In both cases, the amount paid to qualified beneficiaries will depend on the nature and severity of their disability. Because the process of claiming either benefit program can often be complicated, it’s important that claimants find necessary guidance and support through effective legal counsel. This is especially true for dependents left by workers who died in fatal accidents that are entitled to SSDI payments. According to the website of the Chris Mayo Law Firm, applying for disabled widow or widower benefits can be twice as challenging and would often require experienced assistance to ensure success.
Even the slightest mistake can make a huge difference on the road. As pointed out by the website of Habush Habush & Rottier S.C. ®, mistakes made by drivers on the road can result in crashes and collisions that could leave other individuals severely injured. For example, rear-end collisions are often caused by miscalculation that cause a tailing driver to crash into the vehicle in front of it. Most of the time, this type of collision happens when a vehicle crashes into the one in front of it. It is often caused by the driver’s failure to keep a safe distance from the vehicle they are tailing.
One danger common to rear-end collisions is a whiplash injury. This condition is caused by a quick and powerful back and forth movement of the neck. It results in severe and debilitating pain that might require specialized. The force created by a rear-end collision can cause the passengers riding in either vehicles to experience whiplash, although the severity of their injuries will depend on the strength of the impact.
A whiplash injury is often characterized by neck pain and tenderness in the upper back, shoulders, and arms. Sometimes, a whiplash can also cause a headache to start from the base of the skull. It can also cause a patient to suffer from dizziness, fatigue, blurred vision, and tinnitus. More high-impact collisions can cause even more alarming symptoms such as cognitive lapses, concentration issues, sleep disorders, and depression. Depending on the severity of the injury, treating whiplash can entail expensive medical care. Aside from a treatment plan, serious cases of whiplash could require a patient to undergo physical therapy to regain full movement of their neck and upper back area.
Millions of car accidents happen in American roads every year. A majority of the time, these accidents are caused by a driver’s recklessness or lapse in judgment. With rear-end collisions, even a minor distraction can cause a driver to miss important signals from the vehicle they are tailing. These slight mistakes can lead to injuries like whiplash, which often take a long time to recover from. As such, car accident victims who have been injured due to a rear-end collision should not hesitate to seek out legal avenues to pursue just compensation. Your Houston car accident lawyer may be able to help you identify these opportunities for justice.
Settling child custody arrangements is one of the most emotionally taxing details involved in the process of divorce. Couples looking to get divorced have to make important decisions in regards to how they want to share the responsibility of parenthood and child care now that they’ve agreed to do it separately. While it may entail some work, some couples are able to come to an amicable decision on their own. Still, there are moments when the court will need to step in to work through an impasse.
When deciding on a child custody case, the court’s priority is always the best interest of the child or children involved. In an ideal scenario, this means that both parents will have the opportunity to play equally active roles in the lives of their children through joint physical custody. If geographical factors prevent such an arrangement, both parents can still ideally share legal custody. However, there are some scenarios that could urge the court to grant sole custody and limit the visitation rights of one parent. One such case is when one of the parents has been arrested for drunk driving.
Driving under the influence or DUI is a very serious criminal offense. A San Jose DUI lawyer would probably tell you that a DUI arrest can lead to significant consequences and penalties. A conviction could entail a significant amount of fines or even some period of time in jail. It can also affect aspects of a person’s life. As such, a DUI arrest can very easily be an important deciding factor in a child custody case. Committing a DUI violation can considerably limit a parent’s right to play an active part in the lives of their children.
The court’s final decision will depend on the specific details of a DUI arrest. If the violation was made a few years back, the court’s final decision might be more sympathetic to the parent concerned. However, a more recent DUI arrest can be harder to shake off. A series of DUI arrests can be harder still, especially if an investigation proves a relation to an on-going substance abuse problem. According to the website of The Law Office of Daniel Jensen, P.C., a parent arrested of a DUI could be limited to some type of visitation limitation. Based on the details around the DUI arrest, he or she will have to make do with either of the following arrangements: scheduled visitation, reasonable visitation, or supervised visitation. A parent found unfit to care for a child will not receive any visitation rights at all.
The Deferred Action for Childhood Arrivals Program, also called DACA for short, allows certain undocumented immigrants who arrived in the United States as children the right to study and find employment for two years without threat of deportation or any other legal action with regards to their immigration status. It was first instituted by President Obama in the year 2012 through a memorandum that was subsequently updated in 2014. Through DACA, young immigrants in specific circumstances can receive some much needed reprieve from the fear of deportation. While it does not provide legal immigration status for the applicant, it can provide a huge relief for those still waiting for legitimate citizenship.
According to the website of The Law Office of William Jang, PLLC, DACA applicants must meet a number of requirements in order to qualify for the program’s benefits. The most important factor is the applicant’s age. He or she must be under the age of 31 as of June 15, 2012, the date that President Obama signed the original memorandum for the program. The applicant must also have been continuously residing in the U.S. since 2007 and first arrived in the country before his or her 16th birthday. Another important consideration is that the applicant should be presently enrolled in school, have graduated from high school, or have earned a general education development (GED) certificate. Applicants who are honorably discharged veterans of the Coast Guard or the Armed Forces of the United States are also eligible for the DACA program. It’s also crucial that the applicant has never been convicted of any criminal offense.
There are a few other specific requirements involved in the process. Interested applicants may look at the website of the U.S. Citizenship and Immigration Services for additional information. It’s also important to note that applicants are expected to provide several documents in order to prove that they meet DACA qualifications. As the application could entail a lengthy and complicated process, those that have access to effective legal counsel should consider consulting with an immigration attorney first.