Do I Really Need a Lawyer?

Let me tell you a little secret – if you are filing for a divorce, you need to read reviews about divorce lawyers and hire the best one. Retaining the services of an attorney for the divorce proceedings is necessary if you want to protect your rights. Divorce attorneys can make or break a case, depending on their level of experience, and everyone should take advantage of what these legal professionals have to offer. There are no excuses for not getting the help you need before it’s too late. Otherwise, your former spouse and their lawyer could easily take you to the cleaners.

How They Can Help

I’m sure that many people have asked themselves, “Do I really need a lawyer?” The answer is yes, you really do need a lawyer, even if you don’t hate your former spouse. The lawyer’s job is to explain your legal rights and responsibilities in a way that protects you from accidental harm. Divorce is an emotional time for couples who are splitting up, and it can be very difficult to understand things and think clearly.

Honest attorneys, like those of Kessler & Solomiany LLC, will tell you exactly like it is, and they will tell you based on their experience, what to expect as the worst-case scenario and the best-case scenario. At any given time, they will be prepared to negotiate by representing what’s in your best interest, and they will do their best to convince the court every time. When you win, your lawyer wins. It’s as simple as that.

Why It’s Good to be Afraid

Sometimes we don’t like what we hear, and other times we anticipate our actions upsetting someone else, if only after the fact. You may find yourself afraid of your lawyer if you conduct yourself in a manner that makes their job harder, and for good reason. The divorce process can cloud your judgment, but it won’t cloud the lawyer’s. When your divorce attorney doesn’t say what you want to hear, it can be slightly disheartening, but you should know that it’s in your best interest to listen.

It’s always best to be as honest as possible, and sometimes that can make people feel a little upset. That’s okay. Your lawyer is there to level with you, and it’s normal to often fear, while respecting, what they have to say. It can be in your best interest for your legal strategist to tell you that it’s time to pull yourself together, do a reality check, and quit sabotaging your case. It may not always be pleasant, but it’s critical that you have as much accurate information as possible moving forward through the divorce hearing.

Knowledgeable family law firms can attest to the fact that the way you communicate with your spouse, your behavior inside and outside the courtroom, as well as the way you raise your child, will all have an impact on the final judgment.

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Staggering Number of Construction Accidents

Construction workers go through immense training and have a copious amount of safety regulations to follow. However, the state of New York has begun to cut back on some their safety regulations, specifically in the category of safety inspections. Since New York began to decrease the number of safety inspections done on construction sites, the number of construction worker injuries and deaths has noticeably spiked.

New York, like most cities, is always growing, renovating, and improving, and these things all call for construction. In New York City alone, there were 17 construction-related deaths in 2011, which jumped to 25 deaths in 2015. In the state as a whole, the death toll rose from 33 in 2011, to 55 in 2015. Including injuries along with fatalities, the state of New York saw 128 accidents in 2011, which exponentially grew to 435 in 2015. The correlation between these accidents and the safety regulations is demonstrated in the statistic that in 2011, there were 2,722 inspections from the Federal Occupational Safety and Health Administration, and then in 2015, that number fell to 1,966. This 27% decline could be related to the drop in inspection workers from 82 to 66.

The impact a decrease in inspections has on the death and injury toll in the state of New York is eye-opening. This line of work is dangerous, and every precaution needs to be taken in order to ensure the safest environment for these construction workers. There are already so many accidents that can be attributed to bad timing, bad luck, and sheer accident, thus we have to make it in our best interest to eliminate all other risks by overdoing the safety regulations.

On top of increasing safety regulations, the increase in legal action is bound to get attention when it is this frequent. If you or a loved one has been injured in a construction accident, there are a plethora of things you can get compensation for. Medical bills, rehabilitation costs, pain and suffering, mental anguish, loss of working capacity, and long-term care are just some of things a lawyer can get you.

The statistics for construction-related accidents are not to be taken lightly. There are so many things that can go wrong on a construction site, so it is important to understand your power to take legal action. You should not have to suffer financially as well as physically after an accident. If the accident resulted in death for your loved one, worrying about paying bills should be the least of your worries. Grieving is a difficult process that takes time and attention, so hiring a lawyer to take care of the legal side of the accident, and get you the compensation you need to survive can really help you. Big construction companies are prepared for lawsuits due to the common nature of these accidents, so you cannot go at them alone, and lawyers are there to help you.

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The Dangerous Effects of Alcohol

Drivers of smaller vehicles sharing roads with 18-wheelers would never think that the driver of the truck beside or in front of them is sleepy or alcohol-impaired, unless there are obvious signs that would show these. Hundreds of data, however, show that many drivers were indeed either falling asleep or alcohol-impaired prior to accidents. As a matter of fact, with regard to use of alcohol and drugs by truck drivers, the National Transportation Safety Board (NTSB) says that it actually is the second major reason behind truck accidents.

Drivers operating a commercial vehicle with a gross vehicle weight rating (GWVR) exceeding 33000 lb, like 18-wheelers, big-rigs or semi-trailers, observe a higher standard where alcohol intoxication limit is the issue. Compared to the 0.08% blood alcohol concentration (BAC) limit imposed on drivers of smaller vehicles, such as cars, SUVs, and pick-ups, the BAC limit for commercial drivers is 0.04%. This means that anyone who will be caught driving with this BAC level can be charged with driving under the influence (DUI).

Big-rig drivers, however, has more to worry about than just having a 0.04% BAC level because those who will be found with a 0.02% BAC level can also be suspended from driving for about 24 hours, while those who will register a 0.08%, even when off-duty, may still be charged with a DUI.

The need and desire to stay awake and alert in order to cover more road miles are what make drivers drink and continue to drive even while feeling the effects of alcohol. This is one of the saddest effects of getting paid by the mile (about .40 cents per mile). However, rather than making them awake and alert, alcohol will only make them sleepier and more impaired.

It is the duty and responsibility of drivers to always stay sober when operating their truck. Alcohol, though, will lessen their ability to safely operate the huge and dangerous vehicles they are driving, putting the lives of so many in danger because alcohol can result to:

  • Slowed and impaired motor control
  • Inability to remain focused on the roadway
  • Delayed reaction times
  • Heightened risk of falling asleep
  • Compromised judgment and decision making abilities

Any act in violation of the laws against drunk-driving can make truck drivers face serious criminal chargers, harsh penalties, and civil liabilities for whatever injuries and damages their drunkenness might cause.

Boston injury lawyers at Crowe & Mulvey, LLP know all too well how much innocent motorists can suffer because of accidents involving large trucks. Frequently, victims of these accidents are left suffering from ongoing pain and suffering, significant medical bills resulting from their treatment, and enduring emotional trauma. Fortunately, however, legal action can be taken against those responsible for causing these accidents, which may be able to help victims secure the financial compensation and closure they need.

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Manufacturers are Ultimately Liable for Injuries Resulting from their Defective Medications

In 2005, the National Electronic Injury Surveillance System of the U.S. Consumer Product Safety Commission (CPSC) reported 202,300 injuries and 20 deaths involving children 15 years old and below. These injuries and death are all toy-related.

Defects are not only found in toys. There are as many harmful defects as the number of the kinds of products available in the market, including vehicles, food and pharmaceutical products. With regard to food, an instance of food poisoning occurred in 2011; this was the listeriosis outbreak. Its effect was immediate, causing infection in 146 people, 30 deaths and 1 miscarriage – all those affected were from 28 different states.

Another type of harmful product is defective drugs, especially prescription drugs, which are formulated to serve as safe and effective treatment to serious health conditions. However, instead of delivering the cure they are intended to provide, many of them cause adverse effects that cause harm in patients and/or further worsen patients’ original health complaints.

Before being introduced into the market, a drug needs to be approved by the U.S. Food and Drug Administration first. Before approval by the FDA, however, the drug’s manufacturer first needs to show proofs that the drug has been tested and proven safe and effective for patient use.

Despite the extensive research and tests conducted by pharmaceutical experts, many drugs still get reported to the FDA as increasing the risk of the development of more serious illnesses or causing death in some of those who use them; hundreds of prescription drugs have been linked to either of the two or both. This may be due to either of these two reasons: first, since the drug companies are the ones sponsoring the tests conducted on their medical products, some keep the negative results detected from the medicine and submit only the positive outcome of the tests to the FDA. Second, despite the real effectiveness and safeness of the medicine, the patient’s immune system may not be strong enough to fight possible drug side-effects, or the patient may have a medical health condition or is taking another medication, causing the drug from working safely and effective in him/her. This is why it is important that doctors explain to their patients everything concerning the drug that they prescribe; about the drug’s possible effects and what health condition and which medication will not work well with it.

The Amerio Law says, “Hundreds of new drugs and medical products are approved by the Food and Drug Administration in the United States every year. In turn, they are utilized by thousands of patients suffering from a variety of ailments or medical issues. Sometimes, a drug or medical product is released to the public, and it is later found to be dangerous or defective, thus causing serious injuries… even death in some cases.

While many drugs have dangerous side effects, others have the potential to cause much more serious, long-term personal injury. Although the FDA plays a regulatory role in approving and monitoring their safety after approval of a drug, the manufacturer is ultimately liable for any injuries resulting from their medications… and they MUST be held accountable!”

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Bait-and-Switch as Business Fraud in Retail

Business fraud is a serious case, but individuals and businesses alike have been defrauded continuously in Houston. The guilty parties tend to overlook the possible consequences because of the economic gains in engaging in such an act. But at the end of the day, they are most likely causing damages to the other party. So they should be afraid that the other party will act immediately against them.

Bait-and-switch is one of the common forms of business fraud in retail. It happens when the merchant “baits” customers for products or services. When the customer finally goes to the store, he finds the product or service disappointing because 1: it is not available, or 2: it does not live up to what has been advertised. The merchant then introduces a similar product or service to force the customer to “switch” into it.

The merchant can gain significant revenue because of this tactic, but it does not change the fact that the merchant has committed false advertising and could be held liable for it. If you are a customer who has become a victim of the bait-and-switch scam, you can file a lawsuit against the merchant.

If you are a business, the lawsuit could even be more serious. If your product or service has been used as a “bait” for customers, you can file a case of trademark infringement. The loss of possible revenue and other damages to your property are also legitimate reasons to make your case even stronger.

According to an informative article in the website of Houston deceptive trade practices lawyers, there is a good chance to hold the merchant accountable, especially if there is proof that the merchant has intentionally and disingenuously represented itself as a means to deceive you or deprive you of your property.

The fact that business fraud continues to exist is proof that businesses are not afraid enough of the consequences. As a victim of fraud, you should be assertive and fight against the guilty parties. If all of the victims continue to fight for what is right, we are moving one step closer into a world free of business fraud such as bait-and-switch operations.

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Employment Law 101: Wrongful Termination and “Employment-at-Will” Contracts

In some ways, the U.S. marketplace has yet to fully recover from the instability it experienced in the past decade. This is evident in the fact that there are still a good number of people that are having a difficult time with finding employment opportunities. As of September 2016, the U.S. unemployment rate is at 5 percent. While this is certainly an improvement compared to the last five years, there’s still plenty of room for improvements to be made. As such, it’s completely understandable why many workers jump at the chance to secure a job—even if it comes with certain costs.

In most states across America, workers are employed under what is called an “employment-at-will” contract. According to the Leichter Employment Law Firm, being an at-will employee means that employers are to issue a termination without giving prior notice as long as the reasons are legitimate and lawful. Unfortunately, many employers tend to abuse the leeway provided by such a contract. In some cases, employees do not receive appropriate notice for their termination. This is when wrongful termination happens. When an employee is suddenly let go of their jobs without any discernable explanation, it can typically be due to violations in fair labor practices. Wrongful termination includes the firing of employees based on discriminatory acts against their race, gender, religion, or health status. It can also be done as retaliation against employees who might have, for example, gone ahead to lodge a complaint against a supervisor’s continued harassment.

Employment-at-will contracts also go both ways. While employers are allowed to terminate a working relationship with an employee at any given time with appropriate reason, the same thing can also be done by the other party. Still, for many employees, it seems that at-will contracts only benefit employers as it allows them to work around specific fair labor practices regulations. With this in mind, employees in these situations shouldn’t hesitate to consult with a legal professional to learn more about how they can lodge official complaints against their wrongful termination.

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Why Do Dogs Bite – Warning Signs and Prevention

Dogs are man’s best friend. They will protect you, remain loyal, give companionship, and others. They are sweet and cuddly as a pet. However, when provoked or for other reasons, dogs can also be your worst enemy. The owner of a dog has a legal obligation to restrain the dog and failure to do so could be considered negligence, especially when physical harm occurs to an innocent party.

Have you ever wondered why dogs bite? Dogs will not bite just because they want to. There are several reasons they do so. While they have the ability to inhibit themselves from biting, they bite when their restrain for biting is exceeded. Here are the reasons dogs will bite:

1. Dogs bite in order to protect their territory. This is true when a stranger tries to approach their owner or the home of their masters.

2. Dogs bite when they are provoked. For example, when you take something away from them or when you step over the dog. The behavior of individuals around them can provoke the dog to bite.

3. The dog is either injured or sick.

4. The dog gets overly excited while engaging in rough play with a child

5. For pregnant dogs, they will bite if someone tries to take their puppies away

6. They are just having a bad day

Warning Signs

The good news is that there are warning signs that the dog will send you if they will bite. Some of the common indicators include the following:

  • Direct eye contact
  • Growling, snapping, and showing of teeth
  • Wagging of tail. Some tail wags indicates that the dog is a little bit hesitant and may want to bite you. If the tail is wagging slightly, that is a sign that they are ready to bite you.
  • Turning their heads away from you or getting up and moving away
  • Scratching, biting, or licking themselves
  • Yawning

Preventing Dogs From Biting

According to a report by the American Veterinary Medical Association, Task Force on Canine Aggression and Human-Canine Interactions, there are five factors that can determine whether a dog will bite.

1. Breed of the parents. Aggression is built-in in certain breeds of dogs and this helps determine whether the dog will bite.
2. Socialization. By training the dog to feel comfortable in different situations, you can prevent them from biting.
3. Training. If the dog was trained to be aggressive to people, this can be a danger. But poor or no training at all can also be bad.
4. Health. When the dog is injured, sick, or in pain, it can be a stimuli for biting.
5. Behavior of the victim. If the people around the dog provokes them to bite.

Understanding warning signs can help prevent dogs from biting.

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Abuse and Neglect in Nursing Homes: Continuously Threatening the Well-being of Senior Residents

According to the American Association for Justice, about 90% of nursing home facilities do not have enough qualified nurses and trained personnel who can provide residents with the quality care they need and which these very nursing facilities actually advertise and promise.

Nursing home facilities, also called Skilled Nursing Facility, Nursing Center, Convalescent Care or Long Term Care Facility, are designed for those who require round the clock custodial and skilled nursing care; these include adults (usually those aged 65 and above), physically or mentally incapacitated individuals, people who are ill and in need of rehabilitative therapy, and those suffering from Alzheimer’s disease. Since these individuals are no longer capable of performing even the basic activities in daily living, trained facility staff members are tasked to provide them custodial care, which includes feeding, bathing, dressing and toileting.

According to the Centers for Disease Control and Prevention (CDC), as of February of 2015, about 1.4 million residents are housed in 15,700 nursing homes facilities located in different parts of the US. Despite the need to house their elder loved one in a nursing home and despite the thousands of nursing facilities in each state, though, many families are unsure about which facility they should actually choose due to the widespread cases of neglect and abuse that cause residents more suffering, including physical injuries, emotional trauma, humiliation, self-pity, hatred, despair, and so forth.

In a study conducted by a staff from the Special Investigations Division of the House Government Reform Committee, it is shown that from January 1999 to January 2001, 9,000 instances of abuse in 5,283 nursing home facilities were committed. Some of these abuses or lack of care included inadequate medical care, inadequate sanitation and hygiene, and acts that resulted to dehydration, untreated bedsores, preventable accidents, and malnutrition. But besides physical abuse, residents were also subjected to other forms of unjust treatments, including financial abuse, emotional abuse, verbal abuse and, the most degrading of all, sexual abuse.

Despite the Nursing Home Reform Act that was enacted by the US Congress in 1987, which mandated the provision of services and activities that are gird towards the attainment or maintenance of the “highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care,” nursing home abuses and acts of neglect still continue to happen.

An abuse, as defined under Federal nursing home regulations, is any form of act that results to intimidation, unreasonable confinement, physical harm and/or mental anguish, and which purposely inflicts injury, or deprives care or service. Neglect, on the other hand, refers to any form of failure to provide a resident with the required care and service that will ensure ease of pain or freedom from harm, or failure to assist a resident during potentially dangerous situations which may result to harm or anxiety. Acts of neglect may by intentional or non-intentional.

According to the website of the Karlin, Fleisher & Falkenberg law firm, a family that entrusts its loved one to a nursing facility has every reason to believe that he or she would only be treated with dignity and compassion throughout the duration of his or her stay. Failure to provide this dignified and compassionate treatment, which nursing homes promise to provide, much more subject an elder resident to abusive and neglectful treatment, gives the resident and his or her family the right to take action against the guilty party to hold them responsible.

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Potential Birth Related Brain Injuries

There was a period when pregnancy was like a death sentence. There was a chance that is 50-50 that the caretaker the youngster, or equally will die during childbirth. This is because traditionally, a female gave beginning at home of course, if she was really fortunate, would have a midwife in presence who’d learn more than the mother about this, however, not significantly. Deaths also occurred since cleanliness wasn’t a top precedence back in the afternoon, so what the injury of labor did not do, a disease could complete.

Obviously, these specific things are no longer accurate, the numbers are way lower and while parents and kids still expire from the problems of labor. A qualified obstetrician could be in general to assist using a supply, and their palms are washed by everyone before performing the deed. Nevertheless, you can still find instances when beginning injuries arise that could end in lifelong or death health issues for the kid.

A large number (2 out of 1000 live births) of youngsters existing together with the features of cerebral palsy (CP) afterbirth. The data shows that a significant number could possibly be due to medical negligence while the exact cause of neonatal CP isn’t identified.

CP is just a generator development issue in which the afflicted may have in controlling their activities modest to severe trouble, with respect to CP present’s kind. These experiencing CP’s worse types would need special attention throughout their lives and would be incompetent at caring for themselves.

At-birth onset of CP may be due to several elements, such as an intrauterine infection’s reputation or lead exposure of mom. However, it can be feasible the CP come for the child’s head before from an inadequate movement of oxygen, after the stresses of childbirth, and during. Medical neglect kicks in if the physician fails to follow treatment that is common to clear the air passage of the newborn quickly upon distribution, causing CP advancement.

Contact an individual injury lawyer in the region in receiving payment for such scenarios, specializing if your kid has endured beginning incidents as a result of neglect or mess of a health career. You will need all of the support you will get to provide on your child that is sad. Should you live in your kid as well as the East Texas area is actually a prey of delivery incidents, subsequently contacting a Fort Worth Injury Lawyer will be the next best step in understanding more regarding the next lawful methods to get.

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Motorcycle Accidents: Common Causes

The Insurance Institute for Highway Safety or IIHS says that motorcycle accidents lead to more fatalities compared to accidents involving regular passenger cars. The reason as to why motorcycles are more susceptible to dangerous accidents is easy to surmise. Unlike drivers and passengers riding inside a car, motorcycle riders aren’t protected by anything else other than the safety equipment that they’re wearing.

Despite these risks, there are still ways that motorcycle riders can’t reduce the possibility of facing the potential dangers common to the vehicles they are operating. By learning more about the common causes of motorcycle accidents, riders can do what they can to avoid any unwanted outcomes. Any personal injury lawyer in Chicago has probably seen the severe effects of motorcycle accidents and would know that the following are just some of the incidents that they can learn more about to prevent possible accidents.

Sudden stop collisions are a lot more dangerous for motorcycles that it is for regular passenger cars. When another vehicle rear ends a motorcycle, the force can cause the cyclist to fall to the ground. Another common cause of major motorcycle accidents is the size of the vehicle in question. This makes riders more vulnerable to blind spots of other vehicles.

Something else that should be kept in mind is the condition of the road when operating a motorcycle. For example, slippery roads can cause a motorcycle to skid off the road and crash somewhere else. Likewise, mechanical defects and malfunctions can also cause a motorcycle to veer out of the control of the cyclist.

Lastly, motorcycle riders should be on the lookout for open car doors they might crash into. These types of collisions are particularly common in residential streets where other drivers might leave their car doors open for a while.

Even while fatalities are tragically a common outcome in motorcycle accidents, some riders are fortunate enough to survive the crash. Still, they are still left with severe injuries that will take a long time to recover from. As a motorcycle rider, it is important to stay safe and protect yourself from injury.

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