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Is It Likely for My Child to Get Cerebral Palsy?

Posted by on Jan 12, 2016 in Medical Malpractice | 0 comments

On the website of the lawyers with the Driscoll Firm, it is cited that 1 child in every 303 will have cerebral palsy. At present, there are over half a million people – children and adults alike – in the United States who are living with cerebral palsy. Lastly, there is no known cure for cerebral palsy.

This disorder may very well be one of the greatest fears of expecting parents for their children. This neurological disorder could affect every factor of their life and though it is non-progressive, which means that it will not worsen over time, it is still difficult to live with. Even with years and years of physical therapy and medication, the struggle will last for the rest of the afflicted person’s life.

So is it likely for your child to get cerebral palsy?

The answer is that there is no exact definitive answer. In some cases, the child becomes afflicted with cerebral palsy due to medical negligence upon the birth. Sometimes, it is because of significant or severe oxygen deprivation. The most common non-medical cause of cerebral palsy, however, is head trauma that is sustained by the child within their first two years of life.

If your child becomes afflicted with this disorder, it is understandably difficult for the entire family to deal with. Disabilities and disorders are rarely a laughing matter and can affect a person’s mental health through the years. That is why it is imperative that they receive the best sort of care that is available and that can be expensive and difficult to acquire. If the child in question was afflicted with cerebral palsy due to the negligence of another party, then it should not be the responsibility of the suffering family to shoulder the burden on their own.

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Uninsured or Underinsured Motorist Coverage

Posted by on Sep 16, 2015 in Insurance | 0 comments

A driver’s bodily injury liability policy and property damage liability policy are meant to cover the physical injuries and property damages, respectively, of innocent victims in car accident. This is the case in tort states (or states that require a tort-liability policy to all drivers). A problem will arise, however, if the driver at fault happens to be uninsured or underinsured.

All 50 states in the US require drivers to prove financial capability in compensating anyone (a pedestrian or another motorist) who they may injure or whose property they may damage in automobile accidents that are blamable on them. This capability to pay may be shown through auto liability insurance or a state-approved bond (in states that require auto liability insurance, not carrying one can result to a jail sentence and/or a fine plus a need to fill out an SR-22 form).

This requirement should be enough to allay any worry about receiving compensation from an at-fault driver’s insurance provider during accidents; however, based on records from the Insurance Research Council, 1 in every 8 drivers continue to freely drive on US roads and highways despite being uninsured. Thus, in order to ensure financial protection to drivers who comply with the law, D.C., along with 20 other states, requires its drivers to carry Uninsured /Underinsured Motorist coverage in addition to their auto liability insurance. This list of 20 states includes: Wisconsin; West Virginia; Virginia; Vermont; South Dakota; South Carolina; Oregon; North Dakota; North Carolina; New York; New Jersey; New Hampshire; Nebraska; Missouri; Minnesota; Massachusetts; Maryland; Maine; Kansas; and, Illinois.

Uninsured motorist coverage is designed to cover all economic losses and damages suffered by victims of accidents wherein the at-fault driver does not carry auto liability insurance. This coverage will, likewise, provide a perfect financial safety net if the accident were a hit & run or if it involved a stolen vehicle.

An Underinsured motorist coverage, on the other hand, is designed to supplement any inadequacy in the policy limit of the driver at-fault (this is usually the case when the driver at-fault carries only his/her state’s required minimum liability coverage, rendering his/her policy’s amount not enough to cover the damages suffered by the victim).

According to the website of the Seegmiller Law Firm, being involved in a car accident can very well result in financial difficulties due to the high cost of medical treatment and the probable loss of capability to work (due to injuries). And, with more than five million car accidents still occurring in the US every year, wherein more than two million get injured and more than 30,000 are left dead, the case of victims should be handled seriously, especially in cases of fatal accidents, lest these lead to the financial suffering of their families and all others who will be affected.

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Workplace Accidents: Keeping Workers Safe from Accidents Involving Heavy Machinery

Posted by on May 3, 2015 in Personal Injury | 0 comments

Workplace accidents are unfortunately a very common occurrence in America. This is especially true for those who are involved in manual labor industries. In the area of construction work, for example, the Occupational Safety and Health Administration (OHSA) reports that the fatal injury rate for the industry is significantly higher than the national average for other types of work. Also according to OHSA, people working in construction sites face the risk of injuries due to common hazards like working from considerable heights, trench and scaffolding collapses, as well as malfunction with the equipment used for the job.

Heavy machinery is an integral part of construction sites. Without proper equipment, the process of building new structures can take a lot longer and require a lot more effort from employees. Unfortunately, heavy equipment and machinery can also be a source of dangerous accidents. Machines like cranes, forklifts, loaders, and bulldozers require careful operation. Aside from that, these machines also need to be properly maintained. Any malfunction caused by lack of upkeep can lead to devastating scenarios. In the same vein, employees who have not been properly trained to operate a certain type of heavy equipment can also cause accidents in the construction site.

As a result, employers have to responsibility to reduce the risks met by their employees in construction sites. These types of workplace accidents can easily be avoided as long as construction companies are able to observe proper safety regulations. When it comes to the use of heavy machinery, it’s important that employees receive proper training to learn the safe and proper way to operate all the equipment on site. It’s also crucial that these machines receive maintenance work regularly.

Employees who do get injured in accidents involving heavy equipment can seek proper compensation through proper legal channels. According to the website McCutchen Buckley – The Law Firm, a workplace injury can have many devastating effects on the lives of employees and their families. It’s important that victims seek out the help of an experienced personal injury lawyer to learn more about the options they have to bounce back from such a devastating scenario.

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Why Should I Sell My Mineral Rights?

Posted by on Mar 5, 2015 in Mining | 0 comments

There are many reasons as to why an owner might opt to sell their mineral rights as opposed to leasing them. Perhaps you own certain rights and crave for something else or are in need of financial restitution, thereby finding yourself in a position wherein selling your mineral rights might be the most beneficial move for you to make.

One reason as to why owners might sell their rights is liquidation. The industry of minerals, oils, and gases is one that takes a great deal of risk and chance. Allowing for the well to, say, dry or for the resources to empty out before you can make a decision might not be advisable. That is why there are many corporations in the industry today that specialize in dealing with these aspects, in order to better handle them and allow for the minerals’ distribution to the markets.

Another reason for selling mineral rights is because of the almost instant financial satisfaction that it pronounces. If you are in dire need of financial resources then selling your mineral rights might be the salvation that you seek from a certain hot spot that you might be in. Just the same, selling these rights could save you from the obstacle of having to deal with additional taxes that comes from owning or leasing these mineral rights.

The market for minerals is also quite unstable and many people who choose to sell their rights wish to avoid that constantly shifting price, in order to give them more financial stability. Selling the rights washes your hands clean of all the dirt and grime, so to speak, that comes with owning something as complicated as mineral rights. These are only some of the reasons as to why you might want to think about selling your mineral rights.

However, if you do choose to sell these rights, those not exactly certain on how to sell mineral rights are advised to contact professional services in order to be made in contact with reputable buyers. This is so that you will be able to get the best possible deal for your property.

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Everyday Products for Women that Could be Dangerous

Posted by on Dec 17, 2013 in Dangerous Products, Personal Injury | 0 comments

Every week there seems to be another report or study suggesting that certain shampoos, antiperspirants, or other such products are linked to serious health problems such as cancer. This could contribute to unnecessary stress in your life, which is why it is important to understand the facts regarding various everyday products you may use and their potential hazards. If you are concerned about whether a product is safe for you to use, make sure you speak with a medical professional and learn the truth.

Potentially Hazardous Products

Many products that women use every day contain chemicals that have been linked with health problems. Doctors and researchers have raised concerns regarding the following women’s products and the dangers they may present to your health:

  • Hair dye – Reports connecting permanent hair dye to cancer are not 100 percent clear. While some research has connected hair dye to the increased risk of leukemia or lymphoma, other studies suggest no such relationship. When it comes to pregnancy, some physicians suggest waiting until the second trimester to use hair dye. Many women choose not to dye their hair while expecting.
  • Birth control – Recent studies have found that the contraceptive NuvaRing has been linked to a few potentially serious or even fatal side effects. NuvaRing has been a popular choice for women for over a decade because it does not require you to remember to take a pill every day. However, it could have serious side effects like blood clots and an increased chance of suffering a stroke. These side effects have been so serious that they have even led some victims to file a NuvaRing lawsuit.
  • Lipstick – A few years ago, there were a number of rumors that lipstick contained large amounts of lead. Fortunately, most color additive in lipstick is no longer made with lead, making them much safer for use.
  • Antiperspirant – Some studies have linked the aluminum compound in antiperspirants to health problems including increased risk of Alzheimer’s disease and breast cancer. However, experts are still undecided as to the true threat of this chemical.
  • Tanning beds – By now, almost everyone has heard of the dangers of tanning beds. Research suggests that tanning beds greatly increase your risk of developing melanoma—the most deadly form of skin cancer—due to ultraviolet radiation. Along with the risk of skin cancer, tanning beds also causes premature aging and wrinkles. If you want a tan look, consider using a sunless tanning lotion.
  • Phthalates – A number of products like nail polish and shampoo may contain chemicals known as phthalates. Recent studies suggest that exposure to phthalates during pregnancy could be dangerous for fetuses and may lead to abnormal development in male infants. Although the FDA says the evidence is not 100% conclusive, some potential abnormalities include low hormone levels and small genital size.

If you have any concerns about the products you are using and wonder if they could be negatively affecting your health, make sure you bring up your concerns with a medical professional. In many cases you can stop using the product and find a replacement that is better for your health.

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Surgical Mistakes

Posted by on Nov 4, 2013 in Medical Malpractice, Personal Injury | 0 comments

Robotic surgery can be an advantageous choice for both doctors and patients. Using this technology allows doctors to make more precise incisions since the robotic limbs do not shake like human hands are prone to do. This precise method of surgery can potentially shorten the healing time for patients. When everything goes as planned, doctors operating the da Vinci robot conduct surgery by manipulating the robotic system from behind a computer screen. This method is less labor intensive for doctors and allows them to preserve energy for more surgeries.

Despite these advantages, robotic surgery has been scrutinized after a recent influx of concerning reports. Researchers aren’t sure whether more negative incidents involving the da Vinci system are occurring, or whether hospitals and the manufacturer, Intuitive Surgical, are becoming more vigilant about reporting incidents. The da Vinci robotic surgical system has been hugely popular; some people credit this popularity to the impressive cutting edge technology. Other people credit da Vinci’s popularity worldwide to aggressive marketing initiatives. Intuitive Surgical markets to hospitals and patients through many different media forms. In addition to roadside billboards, the presence of online banners and hospital pamphlets normalize and promote the idea of robot-conducted surgery.

Unfortunately, some patients have died or been seriously injured during robotic surgery. In 2007, Juan Fernandez of Chicago died during a spleen removal surgery. His family won a $7.5 million lawsuit that argued the surgeon had never performed robotic surgery before operating on Fernandez. Across the country in California, a man was having a prostatectomy when the da Vinci robot perforated his colon. Though the patient survived, the mishap was medically disastrous and caused need for many more surgeries to repair the colon. Additionally, a woman who was having a hysterectomy, an extremely common robot-performed surgery, bled out when the da Vinci robot nicked a blood vessel.

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Misdemeanor Charges

Posted by on Sep 20, 2013 in Criminal Law | 0 comments

People who have been charged with misdemeanors or criminal mischief are usually those who have already been charged with other petty crimes such as disorderly conduct, underage drinking, or public drunkenness. It may be difficult to firmly determine what criminal mischief and misdemeanor means since there are regional differences in various states, but generally these are any act that is made with intent to damage other people’s property. Punishment for these acts also differ from state to state, therefore it may be hard to conclude the severity of the acts.

Anyone who is proven guilty of criminal mischief that endangers that life of another person or persons is considered guilty of a criminal offense and is answerable to possible life imprisonment. Vandalism is the most common and usual form of criminal mischief, although they can also be present during domestic violence, violent outrages, and many others. On Civil Law cases, misdemeanor charges are often due to another person’s negligence causing physical injury (these charges are distinct from criminal mischief charges).

There are three categories for criminal mischief charges: damages adding up to less than $100 is considered a Class 3 misdemeanor, damages between $100 – $500 is a Class 2 misdemeanor, damages between $500 – $15000 is considered a Class 4 felony, and lastly damages amounting to $15000 or more is a Class 3 felony.

Criminal mischief charges can affect a person’s life, especially in the long run. It may difficult to understand the true weight of a criminal mischief charge, so finding the right legal defense is one way to ensure that these charges won’t haunt you for years to come.

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Asbestos and Mesothelioma in At-Risk Populations

Posted by on Sep 19, 2013 in Asbestos, Chronic Occupational Injury, Mesothelioma | 1 comment

Asbestos has long been known to be dangerous to humans when it is airborne, but efforts to ban it completely in the US have been unexpectedly difficult. Even when the Environmental Protection Agency (EPA) issued a ban in 1989, it was overturned in court in 1991. There are still some products and industries that use it even today, particularly in the automotive parts industry.

Asbestos, a naturally occurring material that is resistant to heat and corrosion appeared to be the ideal insulating, building and automotive material because it was cheap to produce. It was not long before health hazards became apparent, but the general public was unaware of how toxic it really was until way into the 1970s. By then, even people who had no occupational exposure to asbestosis were dead or dying from mesothelioma, asbestosis, lung cancer, and a host of other diseases.

This is because asbestos becomes dangerous when it becomes airborne. Building materials that used asbestos released the fibers into the air as the material degraded from age and use, Mesothelioma is a particularly deadly illness because it is a form of cancer that attacks the protective lining of internal organs called the mesothelium. A person with enough asbestos exposure can suffer from multiple organ failure due to mesothelioma, and that is no picnic. Mesothelioma is relatively rare, but it is most often associated with asbestos exposure.

Some occupations where asbestos is still legally used are covered by Occupational Safety and Health Administration (OSHA) safety regulations 29 CFR 1926.1101 (construction), 29 CFR 1915.1001 (shipyards) and 29 CFR 1910.1001 (general industry, including brake and clutch repair). Failure of employers to follow these regulations may render them liable in case of asbestos-related injury to their employees. Consult with a personal injury lawyer in your area if you or a family member contracts an illness or disease because of occupational exposure to asbestos.

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Child Custody and Visitation

Posted by on Sep 18, 2013 in Child Custody, Divorce | 0 comments

The divorce rate in the US is quite high, which means that child custody and visitation issues are also prevalent. About one million children each year is affected by divorce, and half of those who are born in 2013 will be the focus of child custody hearings before they are 18.

Exacerbating the divorce rate is the fact that American society is highly mobile. It is not uncommon that after a divorce, one or both parents will relocate to another state to get a fresh start. This has consequences for child custody and visitation agreements not only because it makes it harder for the non-custodial parent but also because states are not always reciprocal in enforcing another state’s child custody and visitation agreements.

When parents are separated by distance, it makes it harder to determine the best interest of the child. An article from the website of the Law Office of Daniel Jensen, P.C. notes that location is not the only factor to consider when granting custody, although children of divorced parents typically benefit from being in familiar surroundings immediately following the separation.

This can be a major problem if the divorce was contentious, and child custody and visitation rights are being challenged despite the decision of the court. An article on the website of Texas-based BB Law Group PLLC emphasizes the need to know parental rights when it comes to child custody issues, especially if there is a question of parental kidnapping which may not be easy to prove outside the granting state.

In an effort to look after the best interest of the child, the Uniform Child-Custody Jurisdiction and Enforcement Act was proposed, which is designed to make it easier to enforce agreements even when outside the state where the divorce was granted. However, only 25 of the states have enacted it, including Texas so if the originating state is not in the loop, the Act cannot be used as a basis for forcing compliance.

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Insurance Claims Disputes

Posted by on Sep 13, 2013 in Insurance | 0 comments

Nothing can be more irritating than insurance claims disputes, especially when it involves commercial property. Not only is it inconvenient, it can involve business income losses that only increases the longer the insurance company delays in processing a claim.

While insurance companies are typically loath to disburse funds for property damage claims, this is magnified when the damage is due to hurricanes or other types of windstorm occurrences. This is because there are usually a lot of claims being processed at such times. In Oklahoma, for instance, many property owners are frequently plagued by tornadoes, and law firms such as Smith Kendall Buxton Law Group in Oklahoma City have extensive experience with insurance claims disputes because of the number of cases they handle whenever a twister visits the area.

Commercial property owners in particular have a greater stake in getting their claims processed as quickly as possible to restore normal operations and minimized economic losses. But even when premiums are paid up and the claims are legitimate, insurance companies find ways to delay, underpay or deny outright property damage claims on the flimsiest of reasons. According to an article on the website of Dallas claim preparation attorneys, Smith Kendall, PLLC, the best way to avoid having to make insurance claims disputes is to get legal assistance in preparing the claims from the first. This ensures that all required documents are available, bases are covered and the claims submitted in a timely manner. This minimizes the loopholes that insurance companies can take advantage of to reduce their exposure in an insurance claim.

It may seem unnecessary to get lawyers involved when the claim is plainly legitimate. However, commercial property owners who have tried to do it on their own and suffered costly delays have learned their lesson the hard way. Letting lawyers experienced in the field prepare claims or handle insurance claims disputes also helps guarantee that the terms of the policy are followed to the letter.

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