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What You Need to Know About Rollover Accidents

Posted by on Jun 9, 2015 in Car Crashes, Defective Product Lawsuits | 0 comments

Vehicular accidents are one of the most pressing issues in America. Any type of car crash has the potential to become extremely devastating for its victims, causing serious injuries and even death. However, this assessment is particularly true for rollover accidents. As pointed out by the National Highway Traffic Safety Administration or NHTSA, the fatality rate for accidents where a vehicle flips over upside down or over to its side is particularly high. Specifically, they note that such accidents usually cause an estimated number of 10,000 deaths annually.

Rollover accidents are a result of stability issues that occur with top-heavy vehicles clearance like SUVs and 4-wheel drives. These types of vehicle are much taller than a regular passenger car. Because they have greater vertical clearance, their center of gravity is also placed much higher. This makes sharp turns and abrupt changes made when driving along narrow roads particularly cumbersome. With a regular passenger car, these movements and lurches won’t be an issue because they are much closer to the ground. However, with SUVs or 4-wheel drives, being farther from the ground can cause them to easily lose stability and tip over completely. On top of that, certain factors can also increase the risk of rollover accidents. Slippery roads and defective tires can make it much harder for drivers to control their vehicles.

While car manufacturers have been installing safety devices to address these issues common in SUVs and 4-wheel drives recently, there is still some cause for concern. For one, individuals driving vehicles that have not been fitted with such devices are still constantly facing the risk of a very devastating accident. Even when passengers are fortunate enough to survive a rollover accident, many Fort Smith car accident attorneys are aware that victims still have to contend with the devastating aftermath of medical expenses, lost wages, and physical and emotional trauma.

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The Legal Process of Probate

Posted by on Apr 6, 2015 in Probate | 0 comments

A will should go through a process called “probate” in order for it to be considered legally valid, and it is also the procedure how the will is going to be executed. As stated in the American Bar Association, anyone who has something to gain or lose from the will’s probate can be considered as an “interested party’ and can therefore file a petition for the probate of a will. The guidelines regarding the filing for a petition for a probate may differ from state to state, so the website of the Keystone Law Group, P.C. says that consulting with a lawyer first might be a worthy idea. If you are planning to file for a petition for probate, you should also need to file in the probate court your appointment as an executor.

It is generally understood, however, that the first step is filing the decedent’s will on the probate court at the county in he or she resided. Aside from the will, you should also include any codicils as well as your appointment as executor to the county court. Likewise, you should check whether you are allowed to file if you are not a resident of the state in which the decedent is a citizen of. Next, you should check whether you need to submit an executor’s bond when submitting your petition. This would depend on the practice of the state you are in or if it was requested by the decedent in the will whether sureties are necessary or not.

Make sure you certify that you have indeed sent copies of the petition for probate (and the decedent’s death certificate) to the Division of Medical Assistance. This can be done through certified mail. You have to put into the petition the interested parties, namely: (1) the next of kin and the heirs at law (but don’t mention the beneficiaries written on the will), (2) if there are no heirs at law or if there any bequests of charitable nature then the state attorney general should be listed, (3) when the decedent’s surviving spouse is deemed incompetent or is represented by you, then he or she would need to have a guardian ad litem in order to be listed, (4) when the pretermitted heir has a disability or a minor, then a guardian ad litem is also required, (5) if an interested party is actively serving in the military, then they can be given special provisions that would guarantee their representation. You are then required to send a copy of the court notice of the petition for probate to each of these parties, along with the all the devisees and legatees.

Make sure to indicate that the notice was published and mailed according to the court’s requirements and that you have filed the notice with the county probate court. After no objection to the allowance of the will has been heard from any interested parties, then you can request for the will to be allowed without testimony and it will be approved by court. As stated earlier, rules regarding litigation can vary from each state, thus it would be a wise decision to talk with a lawyer first before proceeding with any filing.

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Defective Hip Implants Harm Many Patients

Posted by on Apr 4, 2015 in Defective Product Lawsuits, Personal Injury | 0 comments

The DePuy Orthopedics has already produced about 200 products, and among them are three hip replacement systems aimed for the younger patients that will fit their dynamic lifestyles. They were made to address the issue of the device failing due to overuse, but the metal-on-metal makeup of the device has caused more health problems. The three hip replacement systems – Pinnacle Hip Replacement System, ASR Hip Resurfacing System, and ASR XL Acetabular System total hip replacement system – has brought about a number of distinct problems due to their design and make.

Among the most common complications of the DePuy metal-on-metal hip replacement systems were infection, metallosis, immobility and dislocation. This has left Johnson & Johnson, the head company of DePuy, to recall some of their hip replacement systems, but the metal-on-metal versions (such as the Pinnacle Hip Replacement System) were simply discontinued but not recalled from the market.

This has prompted many lawsuits to help injured patients to file for lawsuits against the manufacturer for their negligence and disregard for their patients. According to the website of Williams Kherkher, the injuries sustained are even believed to be permanent and could be life-altering for the patient. Because of the additional medical expense, pain and suffering, and diminished quality of life, those who have been patients of the DePuy hip replacement systems have the right to file for medical negligence, defective products or personal injury claim against the manufacturer.

Medical devices should be checked for their safety before being sold in the market to ensure that they are safe to use and will not cause any harm or risks to their patients. It is not only the FDA’s job to check whether the medical device is safe or not, the manufacturer should always put the safety and health of their patients when designing and making their products to avoid complications, especially in the long run.

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Bankruptcy due to Medical Debt

Posted by on Apr 2, 2015 in Finance | 0 comments

Despite the approval and implementation of The Patient Protection and Affordable Care Act, more popularly known as the ObamaCare since March of 2010, the cost of health care and health care services is still high. This, in turn, has not done much to reduce the number of people filing for Chapter 7 bankruptcy in order to help eliminate their stacking medical debt.

Under the Chapter 7 bankruptcy, medical debt is considered a non-priority unsecured debt. This would mean that the medical debt is not a perceived priority provided that the trustee is able to make payments to the creditors, and even if only a portion of the debt is paid during the bankruptcy and the discharge is given by the court, the remainder of the debt will be completely wiped out. Fortunately, there is no limit given on the amount of medical debts, but the requirements to qualify you for a Chapter 7 bankruptcy should still be met.

Always remember that the bankruptcy only wipes out the debts that occur during the filing of the bankruptcy. The website of bankruptcy lawyer Erin B. Shank, PC states that any debt acquired after the bankruptcy has been filed will not be considered a part of the ongoing bankruptcy. It is a better option to delay your filing for a bankruptcy if you think there is still a possibility of adding more medical debt to your present debts. However, you must also remember that you have certain limitations on the number of times you will receive a discharge following a bankruptcy filing as stated in the bankruptcy law limits. If you are still continuing your medical treatment and obtaining more debts, it would be a wise decision to delay your bankruptcy filing. Talk with a bankruptcy lawyer to weigh your options and determine which alternative will best work for your situation.

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The Risk of Rollover Accidents

Posted by on Apr 1, 2015 in Car Crashes, Personal Injury | 0 comments

Head and neck injuries are the most common and often deadly injuries that can occur in a rollover car accident. This is the main reason why car manufacturers are required to test out the safety features of their vehicles before putting them out to the market. Unfortunately for the manufacturers of the Ford Explorer, the roof supports were not strong enough to ensure the safety of the passengers inside the vehicle, and combined with the Explorer’s high risks of rollovers, it has lead to a great number of accidents, injuries and even death since its initial release in 1991.

According to the website of The Willis Law Firm, a great majority of SUV crashes are due to rollovers, and because of the substantially poor roof supports they are more likely to cave in and crush. The injuries that can occur to the driver and passengers inside a rollover accident that happens in a vehicle with minimal roof safety supports can be extensive, and they also can be life-threatening. Aside from serious head and neck injuries, a driver or their passengers can suffer from spinal cord injuries, paralysis, deep cuts and burns, and broken bones. Evidence has determined that the vehicle manufacturers knew about the dangers of the roof caving in due to poor support, but still sold the vehicle to the market. This makes them accountable to and damages or injuries that the driver or passenger suffers after an accident.

Aside from personal injury claims, the website of the Seegmiller Law Firm says that the manufacturer can be held accountable for product defect. This is because despite knowing the defects and weak roof support that their vehicle has, the still sold it to the market. They should be held responsible for their negligence and disregard for their customers’ safety. Various reports and studies have already proven the danger of the Ford Explorer’s roof caving in during a rollover accident. This is the kind of thing the manufacturer should know and inform their customers about the danger that might be in, as well as be held accountable for failing to ensure the safety of their customers.

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Preventing Workplace Injuries

Posted by on Mar 31, 2015 in Workplace Safety | 0 comments

Pre-employment testing is generally aimed to ensure workplace safety. An effective pre-employment testing and examination can establish whether an applicant is suitable for a certain job or not. Hiring someone unfit for a specific task or job can only increase risks of disease or injury in the workplace, and can even cause harm to others when they get into an accident. Aside from testing the suitability of the applicant for the job, pre-employment testing helps mitigate any issues that may arise after an employee has been in an accident and through physical therapy to determine whether they are still physically fit for their previous job.

Workplace safety is a great concern for all companies, since any type of accident can be costly to the business. Aside from the worker’s compensation that will pay for the damages that the employee has suffered, the accident can take away important working hours and sick leaves that could delay the work and cost the company more money. A serious breach of workplace safety can even lead to long-term disability or death of a valuable employee. In order to limit the risks of such tragedy, pre-employment testing and physical examination should be done before hiring a person to give them a specific task.

There are other ways to prevent workplace injuries aside from implementing pre-employment screenings. It is also important for employers to provide proper orientation on their new employees regarding the implemented safety procedures in the workplace. They should also be provided with the necessary safety gears and protection suitable for the job that they will be doing, and to understand the specific dangers that come along with it. They should know the first thing to do when an emergency occurs in the workplace to limit the injuries and damages that may occur, and have the mandatory rests to ensure fatigue and stress will not cause distraction on the employee. To get the best from the pre-employment testing to prevent workplace injuries, each assessment should be modified to fit the appropriate requirement of a specific job. This will not only benefit the company, but most importantly the employee in the long run.

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Juvenile Crime

Posted by on Mar 29, 2015 in Criminal Defense | 0 comments

Juvenile crime is a class of criminal actions committed by juveniles, or those who are 18 years old and younger. Because they are considered minors, the justice system has a separate and specific set of laws that is applied to address the criminal acts that these juveniles commit. There are instances, however, where they can be tried as adults, and this would all depend on the severity of the crime.

Most crimes committed by juveniles are considered simple misdemeanors such as vandalism, petty theft, trespassing, simple assault and others. The penalties for these types of crimes may not be as heavy as serious misdemeanors or felonies – they can be incarcerated for a maximum of 12 months in local jails. Other options for misdemeanor crimes are juvenile probation, part-time imprisonment (served during the weekend), community service, and short jail terms. If a serious crime has been committed by the juvenile, the court may need to consider parental accountability.

Parental accountability are applicable in certain states, and this often refers to the putting the parents legally liable for the actions of this child according to a number of factors: (1) the parents have the legal obligation of prohibiting the child from violating the law, and (2) holding parents accountable for their child’s actions can help lower rates of juvenile crimes. There are a number of juvenile crimes that parents can be held accountable for, and with the advent of technologies, computer crimes are just the recent addition to have heavy legal consequences.

Parents who expose their children or allow them to commit drug- or alcohol-relation offences or any other delinquent acts can make them liable for the crimes the child had committed. Repeat offenders are often given harsher fines and penalties. Likewise, if a parent grants their child access to firearms and other dangerous weapons that the parents own, they can be sued. As any Collin County criminal defense lawyer will probably tell you, criminal records can lead to a more difficult adult life because it they can give many restrictions to the child and can lead to a more trouble life.

Whether the parents are charged with negligent supervision on their child or the child is charged with a crime, the best thing to do it to get a criminal lawyer (particularly someone who knows and deals with juvenile crime) to avoid harsher penalties. An experienced criminal lawyer in your state will help provide advice on the possible legal consequences that criminal charges can cause to you and your child, and make strong defense to protect your rights.

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Liability for Child Injuries

Posted by on Mar 25, 2015 in Personal Injury | 0 comments

If a child has been injured due to caregiver’s negligent action or inaction while tasked with monitoring the child, they can be held liable under the Negligent Supervision Laws. A caregiver is responsible for negligent supervision if they have the knowledge (or a reason to acknowledge) that the child is in need of monitoring or protection and that they have failed in their duty to perform this responsibility. Based on reports from the United States’ Centers for Disease Control and Prevention (CDC), unintentional injuries are the leading cause of death for those who are aged between 0 and 19 years old.

Every year, about 12,000 unintentional injuries are reported that are potentially bring about the death of the victim. Some of the causes of these accidents are drowning, traumatic brain injuries, car accidents, defective products, and many others. In order to effectively file a negligent supervision claim, the website of Habush Habush & Rottier S.C. says that getting a lawyer who works in your state can be extremely beneficial. This is important since each state can have their own special or specific laws regarding negligent supervision claims, and since each case is unique they have to know how to work with the system. However, being a negligence claim the basic three principles should still be present and must be presented with proof: (1) the acceptance of responsibility of the caregiver, (2) that the injury occurred because the caregiver was negligent in their duties to supervise the child, and (3) that an reasonable person would have known about the possibility of injury or accident that happened.

Although negligent supervision applies to the child and their biological parent, anyone who has legally accepted the responsibility of guardianship of a child can be held liable for negligent supervision laws. These people include legal guardians, stepparents, school officials, day care providers, relatives, and leaders of community groups that the child is entrusted on. If the caregiver failed to eliminate the danger which the child might be exposed to despite knowing about it resulting to the accident, then the caregiver can be sued. Because it concerns the safety and welfare of minors, the website of the Law Offices of Vic Feazell, P.C. says negligent supervision laws are implemented very strictly. Such claims often result in legal consequences for the caregiver, paying compensation for the damages that either the child suffered or from damaged property.

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