We Have Lost Respect for the Law

Posted by on Nov 1, 2017 in Homicide Lawyer, Murder Charges

There are many positive effects seen daily from our fast and interconnected society. We get our news more quickly, we can get more work done, we can work anywhere in the world as efficiently as in an office, and we no longer have to rely on every product we need being in a local store in order to purchase it. Those have all been great quality of life improvements, but there is also a way in which the modern, fast-paced internet life has degraded us, and that’s through our concept of justice.

To be clear, our personal sense of justice may be about the same, but there’s now an increasing alignment between that personal sense and what is expected from the actual justice system.

Consider any recent case that drew a lot of media attention. These cases are tried a thousand times over in public before they ever reach a decision in court. By that time, people are nearly out on the streets shouting for one result or another.

This was always possible in the past, but it was far rarer. Consider how exception the OJ Simpson trial was in the 1990s. That sort of public scrutiny and controversy is now commonplace and follows from crimes serious and not.

The problem with this new turn in our culture is that the need for fair and honest trials where rights are respected on all sides is getting lost in the need for scandal. People now tend to think that they know enough from a tweet or a Facebook post to condemn a person to the worst penalties of the law or else free them without any other investigation. Once that opinion is set, there’s little that can be done to change it.

This is dangerous. Our system is built not only on the rule of law but on respect for the rule of law. Respect may sound like an old-fashioned term, but it is a crucial concept for a civil society. Civil, after all, also means a polite respect for others.

While it may seem based off a modicum of evidence that someone is clearly guilty of, say, murder, that doesn’t change the fact that that person deserves a fair trial. Even murderers deserve lawyers, like the Wisconsin homicide and murder charges lawyers of Kohler, Hart, and Powell, and the chance to prove either their innocence or extenuating circumstances. And that chance means that sometimes, they do successfully prove one or the other.

Cases, lawyers, and judges can be criticized for getting things wrong, but there needs to be more respect for the institutions they represent. These institutions are, after all, the reason most of us can feel confident that we will not be picked up by the police today and be forced to serve out sentences for crimes we never committed.

That may sound fantastic, but such things still happen today in many parts of the world.

The courts save us from that. So, we all need to have a little more respect for what they do and how they do it.

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Long-Term Disability Disputes

Posted by on Aug 24, 2017 in Disability Insurance

If you are filing for long-term disability benefits, you are likely facing a serious physical ailment, such as an injury, illness, or mental health concern. This is a time when you need to focus on your health and well-being and not on financial stress. Although long-term disability insurance is supposed to help you do just this, insurance providers often make it excessively difficult for their clients to receive the benefits they need. There is a multitude of hurdles you must overcome when filing your claim, such as providing proof of disability, which can make this process particularly long and frustrating. Additionally, many insurance companies are looking for any reason to deny a claim because this saves them money, and some companies may even illegally deny valid claims. The legal resource Penn Record recently released an article about a woman suing her insurance provider, due to these underhanded tactics.

Christine C. Hushion has chosen to pursue a lawsuit against Hartford Life Insurance because they wrongfully denied her long-term disability claim. Through her job at Exelon Corporation, Hushion had short-term and long-term disability insurance, that would cover her for two years or more if she acquired a disability. Unfortunately, Hushion acquired significant injuries to her neck, back, shoulders, and arms. These injuries created debilitating pain and Hushion required several different surgical procedures. These injuries prevented Hushion from returning to work indefinitely and led her to seek disability benefits. Although she received all necessary short-term disability benefits, Hartford Life Insurance chose to re-evaluate Hushion’s case, when she required long-term benefits. Ultimately, they chose to deny her benefits despite her continued inability to return to work. Hushion has chosen to sue Hartford, as their decision constitutes a breach of contract and a violation of the law.

Unfortunately, Hushion’s story is not uncommon, and many people must fight for their disability benefits every day. Insurance companies across the country are greedy to earn more money, and they do not seem to care who they hurt in the process. While Hushion has chosen to take legal action against her insurance provider, many others in this situation cannot or will not pursue legal recourse, due to the significant time and expense it requires. Therefore, it is important that we take steps to protect all individuals from these underhanded tactics by further regulating insurance providers’ actions.

Additionally, it is important for all individuals seeking disability benefits to understand their rights during the filing process. Disability insurance lawyers are prepared to offer services such as claim monitoring,  which ensures that insurance companies treat their client’s case appropriately. These lawyers will provide the information that an insurance provider needs as well as work as a liaison between their client, doctors, and the insurance company. Claim monitoring can function as an important safeguard against illegal practices as well as simple mistakes that could impact your claim. It is essential that people filing long-term disability claims receive the benefits they deserve, and legal experts will work to protect these individuals.

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Defective IVC Filters

Posted by on Jun 8, 2017 in Personal Injury, Product Dangers

An IVC filter, also known as an inferior vena cava filter, is a medical device that is surgically implanted into a patient who is at risk of blood clots, especially those that can go to the heart and lungs. It is obvious that this device’s task is to keep a patient safe, but it is just sad that it can also be a device that can cause a patient harm.

It has been proven that there are defective IVC filters, such as the Bard G2 IVC filters, resulting into unwarranted bodily complications and Bard G2 IVC filter lawsuits. But what exactly are these defects, and what do they cause to the body?

  • Device migration – The device is quite thin, so it is not surprising that it can accidentally migrate to another part of the body. If it is in another part of the body, it cannot function properly and may require long hours of retrieval, especially if the body part it has migrated to is not easily accessible.
  • Filter breakage – The fragility and spider-like design of the product also puts the device vulnerable to breakage and fractures. Entire breakages can be more dangerous, because the spider-like legs can also migrate to other parts of the body, and worse, inflict damage to the migrated body part.
  • Perforation – The spider-like legs of the device can pierce unsuspecting blood vessels, tissues, and even entire organs. The patient even becomes more vulnerable to perforation during device migration and filter breakage.

According to the website of the medical product lawyers of Habush Habush & Rottier, the Bard G2 IVC filter problems can result into complications, such as internal bleeding. They can also help in the formation of more blood clots, so instead of helping the patient from blood clots, the IVC filter is making the patient even more vulnerable to it.

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If You are a Motorcycle Rider Who has been involved in an Accident, then You should Know Your Legal Rights

Posted by on Apr 21, 2017 in Motorcycle Accident

In 2012, the U.S. National Highway Traffic Safety Administration (NHTSA) received reports of 4,957 fatal motorcycle accidents and 93,000 non-fatal ones; the total count of motorcycle accidents that same year was 112,000.

Analysis of motorcycle accidents has shown that the ones who often got involved in accidents were riders who never received formal riding education, but learned only from friends or kin. Thus, these riders may have learned how to balance and zigzag their way through traffic (through lane-splitting), but with regard to riding safely and properly observing traffic rules and signs (as well as knowing what traffic signs actually mean), how much they know is a big question.
Every year, the number of motorcycles on the road continuously increases. Unfortunately, with many riders not skilled enough to ride safely, this increase of motorcycle presence has given rise to the number of accidents too. A motorcycle accident can either be a single vehicle motorcycle accident or multiple vehicle accident.

Single vehicle motorcycle accident, which is the most common type of motorcycle crashes, involves no other motor vehicle besides the motorcyclist himself/herself. Its causes include riding with a high blood alcohol level, riding too fast during poor weather conditions or on poor road condition, and failing to brake and maneuver properly, especially when rounding a corner. Thus, motorcyclists losing their balance and crashing into road fixtures or asphalt, or being thrown off from their bikes are not uncommon sights.

Multiple motorcycle accidents, on the other hand, though less common, usually result to more serious injuries; most are fatal too. This type of accident involves another vehicle, such as a car or worse, a truck. Of this type of accident, the worst is head-on collision, which often occurs in undivided rural highways where one vehicle, either the motorbike or the other vehicle, ends up traveling on the wrong side of the road.

Most multiple-vehicle crashes are due to car drivers either failing to notice approaching motorcycles or drivers denying motorcycles the right of way – situations that put drivers at fault during accidents. However, despite actual accident cases that verify such situations, most drivers still put the blame on motorcycle riders, saying that riders often careen in and out of traffic, putting their own and other motorists’ lives at risk.

According to the law firm Russo, Russo & Slania, P.C., “There are a wide range of different reasons that motorists may be attracted to motorcycles as an alternative to other forms of transportation, but the unfortunate reality is that motorcyclists face serious risks to their health and safety when sharing the road with cars. Whereas car accident victims have the added protections of certain safety features such as airbags and seat belts, the relative exposure of motorcycle riders and passengers means that the potential for catastrophic injuries or even death in the event of an accident is greatly increased.

Motorcycle accident victims are often forced to cope with serious challenges as a result of their injuries, and in many cases, it may be necessary to pursue legal action in order to recover the compensation needed to deal with these challenges. Fortunately, with the help of a skilled and knowledgeable lawyer, many victims are able to get this compensation, allowing them to better deal with the aftermath of a motorcycle accident.”

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Construction Accidents: The Common Causes of Workplace Injuries

Posted by on Oct 18, 2016 in Workplace Safety

Most are aware of the fact that construction sites are particularly dangerous areas. Workers that come to these sites are fully conscious of the many risks involved in their jobs. As the Occupational Safety and Health Administration or OHSA has found, construction sites are among them most dangerous workplaces in America. In the year 2013, the federal agency in charge of enforcing health and safety legislation in the work place reported a total of 796 fatal incidents of construction site accidents. All in all, for that single year, the OHSA found that construction accident deaths accounted for approximately 20 percent of all workplace fatalities reported in the country.

There are a number of issues that contribute to accidents that commonly occur in construction sites. Certain oversights and errors can quickly make an already hazardous workplace all the more dangerous. The most common accidents in construction sites are typically caused by equipment malfunction and employer negligence. Accidents such as slips, falls, electrocutions, crane collapses, and falling equipment are mostly easy to prevent following proper safety practices. For example, accidents that happen due to failing equipment can be prevented by making sure that the machinery in construction sites receives regularly maintenance and upkeep. Meanwhile, accidents like slips, falls, and electrocutions can be avoided by employers that are dedicated to maintaining a safe workplace for their employees by enforcing proper protocols and hiring individuals that are properly trained for construction work.

Construction work is a notoriously dangerous profession. The individuals that put their lives on the line to do this type of work should be protected from harm at all costs. It’s for this reason that construction workers are encouraged to seek out legal assistance should they ever find themselves devastatingly injured due to an accident that occurred in their workplace. Illinois residents shouldn’t hesitate to contact an accident lawyer in Chicago to learn more about available legal options.

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Drinking and Driving an 18-Wheeler: Is There Anything More Deadly?

Posted by on Jul 11, 2016 in Criminal Charges, Road Accidents

Drivers, who share the road with trucks, would surely not consider that the driver driving the 18-wheeler beside them is sleepy or alcohol-impaired, unless there are obvious signs that would show any of these. Thousands of data show, however, that many drivers were, indeed, either falling asleep or intoxicated and impaired due to alcohol 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, such as buses and Class 8 trucks, which are trucks with a GWVR exceeding 33000 lb, like big-rigs, also called semi-trailers or 18-wheelers, 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, like cars, SUVs, and pick-ups, the BAC limit on drivers of commercial vehicles 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, should worry not only about getting caught driving with the 0.04% BAC limit. As it is, those who will also be found to have a 0.02% BAC 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.

Their need and desire to stay awake and alert to be able to cover more road miles are what make drivers drink and or take illegal drives. This is one of the saddest effects of getting paid by the mile (about .40 cents per mile). However, the only results drinking alcohol and taking drugs will lead to are sleepiness and fatigue, and impairment.

It is the duty and responsibility of drivers to always stay sober when operating their truck. Impairment will lessen their ability to safely operate the huge and dangerous vehicles they are driving, putting the lives of many in danger. Thus, any act in violation of the laws against drunk driving can make them face serious criminal chargers, harsh penalties, and civil liabilities for whatever injuries and damages their drunkenness might cause. DUI lawyers from the Scudder & Hedrick, PLLC, law firm advises people who have been charged with drinking and driving to find out and know about their legal rights and options to help with their defense.

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Car Accidents: Who’s At Fault?

Posted by on Mar 5, 2016 in Road Accidents

One might think that since car accidents happen so often that there would be more people making better decisions while on the road—that, over time, the number of car accidents would diminish eventually with better education, exposure to the truth of car accidents, and awareness of how real and prominent they are in today’s society.

Unfortunately, this fails to be the case as according to the website of the lawyers with Williams Kherkher, there are still over 2 million car accidents that happen in the United States alone, every single year. Some car accidents can be traumatizing, while some can render people physically disabled for the rest of their lives, while there are also some cases wherein car accidents have resulted into the wrongful death of a victim.

So who is at fault in a car accident? There could be numerous variables to consider.

Was a driver reckless while on the road? A car accident need not be between two cars but it can also be a car and an unsuspecting pedestrian. A reckless driver could be one who tempts fate and thinks themselves as above the usual limits, one who is too fatigued to be trusted on the road, or one who is under the influence of alcohol.

Was the car in proper order when it was received? From a manufacturing stage, everything needs to be inspected in order to make sure that the vehicle is in working order, in order to ensure the safety of both the customer but also all the other vehicles on the road.

What was the state of the weather? Sometimes, inclement weather such as hurricanes with very strong winds or earthquakes that made the roads unstable or unable to be passed while there were vehicles on it. The likelihood of these incidents are far and few in between but they are still possible.

In conclusion, a strong majority of car accidents happen due to negligence. If there was a negligent party that then caused a car accident, they are at fault and should be held accountable for any and all damages done that was due to their reckless negligence.

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Workers’ Compensation

Posted by on Oct 9, 2015 in Unemployment

States have their own laws regarding workers compensation that may not be present in other states. In order to understand what your rights and benefits are when you have been involved in a workplace accident and would like to receive workers compensation. A Des Moines workers’ compensation lawyer is likely to have an understanding of what the laws are and how an accident and injury can affect a claim. Under Iowa workers’ compensation benefits, your employer is obligated to provide three types of benefits to their workers.

Medical benefits are the most common and widely known and used benefit when it comes to workers compensation. Employers and insurance providers are the ones who will choose the doctor and will be the ones to pay for the medical bills, along with reimbursing any expenses you have made for succeeding medical appointments (connected with the accident).

Another benefit that can be given through workers compensation is temporary disability benefits. This will cover for the lost wages that you might have earned if the accident did not occur. The amount of payment for the missed work will be the net appropriate of your pay when working regularly; this is because typically your gross wage is not liable to be subjected to taxes.

Lastly, workers who have been injured in a workplace accident have the right to receive Permanent Partial Disability benefits should the injury lead to a permanent disability. This will greatly depend on the severity of the permanent disability or how it would affect your earning capacity (whether it will affect you for the rest of your life). The amount to be awarded will depend on the area of the body which the injury affects. There are many other factors that would be considered in determining the extent of injury and the amount of compensation to be given, so a workers’ compensation lawyer would be vital.

Workers’ compensation law can be complex, and the benefits may not be immediately given if proof or vital documents are not given. Also, there are instances where the workers’ compensation is not enough to cover for the expenses. In order to avoid such problems when the situation comes, hiring a Des Moines workers’ compensation lawyer be the best way to ensure your rights as a worker is protected.

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Private Car Services: How to Get the Best Deal

Posted by on May 14, 2015 in Cars

There are special events and occasions that require only the most luxurious accommodations. Whether it’s a wedding or a big corporate party, plenty of people prefer to have access to the convenient ease of a private car service. Hiring a professional driver can do a lot to ensure an enjoyable experience, especially if you manage to secure the best deal possible.

One of the most important considerations is the reputation of the private car service you want to hire. As Capital City Limousine puts it, there are so many companies out there that tend to cut corners and provide hasty services. As such, it’s important to make sure that the company you’re considering has plenty of positive testimonials and a good, clean record. You can check for this by researching reviews online. Typically, there are forums and sites that allow people to post their feedback on services they’ve used in the past. You can use these venues to check for what others can say about their experience with a private car company you want to work with. Stick with companies that have consistently offered customers with positive experiences.

Aside from glowing reviews, you also need to make sure that the private car service you want to hire follows proper safety protocols. Look through their website to find information about their drivers and insurance policies. If these information isn’t online, contact them through phone or book an appointment for a face to face dialogue. These types of details should be easily accessible. If it feels like the company you’re speaking to is dodging your questions, it’s probably best to look somewhere else. Again, online reviews can be handy for this step. Keep an eye out for any complaints regarding reckless driving and issues with certification and insurance.

Hiring a private car service can make any momentous occasion even more special and enjoyable. However, the ease and convenience it provides usually comes with a large check. Make sure you don’t miss any corners when closing in on a deal by taking into account these important considerations.

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The Dangers of Defective Pharmaceuticals

Posted by on May 12, 2015 in Product Dangers

Millions of patients rely on the pharmaceutical industry to create solutions to their important medical needs. Typically, these solutions help individuals successfully receive treatment and live fuller lives. There are, however, certain moments when pharmaceutical solutions also lead to unforeseen side effects and cause even more hardship and devastation. In fact, these defective pharmaceutical solutions often constitute to a majority of the product liability lawsuits filed in courts all over America.

Despite advancements in the field, there are still some drugs and medications that can cause serious issues for a significant number of patients in the United States. Most of the time, problems with defective pharmaceuticals are missed because of missteps in research and testing. Even when a pharmaceutical product has been approved by the Food and Drug Administration (FDA), there is no certainty that it will be completely safe from side effects.

In most cases, the devastating effects of defective pharmaceuticals are due to mistakes committed by manufacturers. There are several pharmaceutical companies that market certain products for off-label use—treatments that are yet to be explicitly approved by the FDA because of lack of adequate testing. According to the website of Williams Kherkher, one such example is the Stryker hip implant. Another pharmaceutical product often the subject of product liability suits is the anti-psychotic drug called Risperdal. As pointed out by the website of the lawyers of Williams Kherkher, the continued off-label use of the drug has led to several cases of serious medical conditions like gynecomastia and hyperglycemia.

It is a horrifying thought to consider that the products intended to treat patients can cause other medical conditions that could be far more serious than what they originally had. As such, it’s important for affected individuals to seek out legal counsel as soon as possible. The dangers of defective pharmaceuticals should never be ignored. Manufactures should be continuously held accountable for falling short of the high standards require of their profession.

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