What are the different types of child custody agreements?

Posted by on Sep 23, 2017 in Child Custody | 0 comments

While most people know what child custody is, they don’t always know the differences between the different types of agreements that people come to. Parents and legal guardians have different options when it comes to setting up a child custody agreement, so it is important to know the different types of agreements that are available to you.

The first type of custody is physical custody. If one of the parents was granted physical custody of the child by the court, the parent is allowed keep the child in their home. Joint physical custody can be awarded to both parents and they can share the child for different periods of time if this type of custody is awarded. Joint physical custody usually only works if the parents plan on living in close proximity, which will allow the child to grow up without too much strain from traveling between different homes.

 

Legal custody is awarded to a parent when the court decides that that parent should be the one who makes the decisions about the child’s healthcare, education, and upbringing. This also applies to religious affiliation, which can be contentious for some couples and should be discussed during the divorce and custody proceedings. The courts will often award joint legal custody to allow both parents the decision-making process when it comes to these important decisions regarding the child’s upbringing.

 

These joint custody agreements are enforceable by law, and if one parent does not allow the other to make decisions, the court may step in and enforce the order. It is important to consult with your child custody attorney if you feel that your former spouse is not honoring the agreement if you are not allowed to decide the important things like medical care, education, or religious upbringing of your child, as required by law.

Sole custody may be awarded to one parent if the other parent is found by the court to be unfit to raise the child. Alcohol or drug abuse, financial issues, or other problems may be taken into consideration by the court and the parent who is best fit to raise the child may be awarded sole custody. Again, having an attorney on your side can be of great help when fighting for sole custody of your child. Your lawyer can help put together the best case for you and will help you demonstrate why you should be the one who cares for your child if your ex-spouse is unfit to do so.

There are many options for parents when it comes to choosing a lawyer, so look for one in your area that has experience with family law issues. In Fort Worth, we found a law firm called The Maynard Law Firm that provides information for parents who are going through a divorce on their website. Most attorneys will work hard to explain your legal rights and help you with any issues you may have when considering what is best for your child.

 

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The CDC’s Blood Alcohol Concentration Measurement Chart

Posted by on Jul 26, 2017 in Car Accident | 0 comments

In the book, “One for the Road,” author Barron H. Lerner, MD, PhD, says that Americans love drinking and driving since are both are embedded in the nation’s culture. This may probably be the reason why many Americans still drive while under the influence, despite the risk of a DUI or DWI charge that is accompanied by heavy fines and imprisonment.

Driving under the influence (DUI) or driving while intoxicated (DWI) is a serious criminal charge, whether the charge be a misdemeanor (for first time offenders and without causing any property damage or physical injury) or a felony (imputed on repeat offenders, or first time offenders whose blood alcohol concentration (BAC) level is way above the 0.08% limit or who accidentally injures/kills someone) .

Based on a blood alcohol concentration measurement chart released by the Centers for Disease Control and Prevention (CDC), the following number of beer bottles would result to the following BAC level:

  • 2 bottles of beer = 0.02% BAC
  • 3 bottles of beer = 0.05% BAC
  • 4 bottles of beer = 0.08% BAC – the BAC limit in all US states
  • 5 bottles of beer = 0.10% BAC
  • 7 bottles of beer = 0.15% BAC

This measurement caters to a 160-pound man who consumes the indicated number of bottles of beer within one hour. Since individuals have different tolerance level to alcohol, there are those who would already experience slower reflexes even after just two bottles.

Based on CDC records, more than 1.4 million drivers were arrested in 2010 due to driving under the influence of alcohol or illegal drugs; the number of deaths due to alcohol- impairment was 10,322 in 2012 and 10,076 in 2013.

According to John Michael Bailey injury lawyers, driving is already a dangerous enough activity, so adding drunk drivers to the mix can be devastating. Unfortunately, there are certain individuals who do not take safe driving seriously and, as a result, cause terrible accidents in which innocent individuals can be seriously harmed or even killed.

Even in Canada, says the law firm Mazin & Associates, PC, Drunk driving accidents are, sadly, very common. When a person carelessly decides to drive after drinking, they not only endanger themselves, but also everyone else on the road. Drunk drivers have impaired judgment and are unable to respond quickly and make split-second adjustments on the road. This slow response time often leads to horrible collisions and severe injuries.

 

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What Benefit is there to Reckless Driving?

Posted by on Jul 25, 2017 in Personal Injury | 0 comments

That reckless drivers are good drivers may very well be true. It requires great driving skills, anyway, to be able to weave through traffic, more so, to counter its flow. Besides the possible great driving skills, reckless drivers also possess a couple of other things that many other motorists do not (and hopefully will never) have: the willful and wanton disregard for the safety of persons and properties.

Reckless driving is nothing more than sheer lack of respect for others and the law. They know very well that behaving recklessly on the road is very dangerous, yet they do it. And while anyone can choose to be reckless while behind the wheel, records from the National Highway Traffic Safety Administration (NHTSA) and the Centers for Disease Control and Prevention (CDC) show that the ones most prone to this irresponsible behavior are drivers aged between 16 and 19. Every year, as many as 292,000 teen drivers are given emergency treatment in hospitals due to injuries, while about 2,650 others never get to see a new day again.

One example of this deadly behavior is the fatal accident that occurred on April 22, 2015, wherein a Toyota Prius that was driven by a female teen, collided with a truck that had three foreign senior citizen passengers. The accident occurred before 2:30 a.m. along Highway 50 near Stockton Boulevard in Sacramento. The accident claimed all four lives – the three men, as well as that of the female teen driver who was driving drunk and on the wrong side of the highway.

Accidents and injuries due to reckless driving are totally preventable since people know and can control what they are doing. Often, victims and their families, as well as traffic enforcers can only wonder why some individuals drive recklessly.

According to the law firm Karlin, Fleisher & Falkenberg, LLC, people who willfully operate their vehicles with such complete disregard for the safety of others cause some of the most dangerous accidents imaginable. That being said, reckless drivers may be held financially liable for all the pain and suffering they cause.

In the event of an accident, however, a Houston injury attorney tells victims to keep in mind that insurance companies will find ways to pay as little as possible for your injuries. They are not in business to be fair to you; thus, make sure that you do not accept the settlement that they offer.

 

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Possible Causes of Cruise Ship Accidents

Posted by on Apr 26, 2017 in Cruise Ship | 0 comments

About 11 million Americans (close to 20 million counting other nationalities too) treat themselves to a luxurious holiday vacation to an exotic destination aboard a cruise ship every year.

Since the 1980s the cruising industry has been successfully transforming sea travel from a fun to a totally wonderful experience for all passengers and crew. This is why vessels have been, and are being, designed and equipped with all the facilities that would provide and ensure all the fun and comfort that modern living can offer.

Unlike old liners, many modern cruise ships can now accommodate more than 3,000 passengers (the Allure of the Seas, the biggest ship built thus far, can carry more than 6,000 passengers and crew per voyage). But as everyone on board may have his/her share of all the fun and excitement, questions about safety continue to remain a major issue, as crimes, like sexual assaults and murder, and major accidents still happen.

Besides mechanical failure that often lead to cruise ship fires, a ship running aground or crashing against rocks or icebergs resulting to a gash that allows water to flood in, sea storms, rogue waves or human error that may cause a liner to capsize, sink or get stranded in the middle of the sea, there are many other factors on board, which can cause passengers injury or even death.

One major factor that worsens emergency situations is the lack of training of crew members, including medical staff, during emergencies. Though cruise lines are willing to spend huge amounts of money on things that are tangible to passengers, like having a gym, multiple pools, great food, fine dining areas and onboard activities, thoughts of spending to enhance safety features, train crew members and the likes, are often left out.

According to cruise ship injury lawyers with the Vucci Law Group, P.A., passengers need to understand that if they get injured on a cruise ship, seeking compensation is so much more complicated than if the injury were sustained on land, like in a car accident. Injured victims can file a lawsuit, but only in the specific court indicated at the back of their passenger ticket (usually the U.S. District Court in the Southern District of Florida). Making sure, therefore, that they are represented by a highly-qualified and experienced cruise ship injury lawyer, who will never back down until their rights are recognized by the court, may be an absolute necessity.

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Why Car Accidents Occur

Posted by on Feb 3, 2017 in Automobile Accidents | 0 comments

Car accidents happen because of many reasons, but some reasons are more common than others. Below is a list of the most common reasons why they occur. It is important to know these reasons so you can avoid them and prevent traffic accidents.

Driver Error
Errors on the part of the driver are one of the most common causes of traffic accidents. The error can come in many forms, such as failure to follow traffic rules and regulations, poor maneuvering techniques, particularly in changing lanes and turning, and not being mindful of the other motorists around them. Errors can be unintentional, but it doesn’t change the fact that it can be a form of driving negligence.

Driver Recklessness
If errors can be unintentional, recklessness are often deliberate. Drivers tend to distract themselves because they are too complacent that nothing bad is going to happen. They use their mobile devices, eat snacks, and daydream. These things put their eyes off the road, hands off the wheel, and mind off the act of driving. They drive while under the influence of alcohol, speed, and participate in street racing. This problem is serious enough that there are legal professionals out there who help those who have been injured by reckless drivers, such as this Destin car accident lawyer.

Vehicle Defects
Equipment defects, such as in airbags, tires, seat belts, door latches, and mirrors, are known to cause accidents as well. Sometimes, defects occur because of the driver’s poor maintenance of their vehicle. But there are known instances where the manufacturer itself is to blame for its defective products. This is a more tragic case, because an unsuspecting driver may be involved in an accident despite his diligence.

Road Hazards
Sometimes, the road and its elements become the cause of accidents as well. The most common elements are defects, such as potholes, improper drainage systems, debris, tree branches, crossing animals, and other possible obstructions. Malfunctioning traffic lights and poor street lighting are also known to cause collisions.

Weather Conditions
The weather is one of the most overlooked causes of car crashes. Rainy weather can make the road more slippery, potentially triggering an accident. Fog and snow may affect the visibility of the area, which is important to avoid colliding with other motorists and other obstacles such as barriers and guardrails.

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Protect Workers against Work Place Accidents and Injuries: An OSHA Mandate to Employers

Posted by on Dec 13, 2016 in Workers' Rights | 0 comments

Accomplishing more in much lesser time is one of the greatest challenges construction firms need to face to keep up with the demands of progress. With buildings becoming bigger, taller and more intricately designed, however, work becomes more demanding and more dangerous. Many construction firms, as a consequence, also require workers to render longer work periods – an employer requirement that posts threats to workers’ health and safety.

Risk of accidents and injuries in construction sites are increased due to the presence of dangerous tools and heavy machinery, like cranes, concrete mixers, forklifts, bulldozers, loaders, caterpillars, excavators, crawlers and road rollers. Though these machines make construction tasks easier and faster to accomplish, their huge size and wrong operation, especially if the operator is untrained or careless, can result to disabling or even fatal injuries.

Due to increased risk of accidents and injuries construction workers get exposed to every day, the U.S. Congress passed into law (in 1970) the Occupational Safety and Health Act (or OSH Act). The Act aims to: ensure all working men and women of safe and healthful working conditions; assist and encourage the States in their efforts in ensuring safe and healthful working conditions; provide for information, education, research and training in the area of occupational safety and health; and, authorize enforcement of the standards developed under the Act. Enforcement of these standards has been delegated by OSH Act to the Occupational Safety and Health Administration (OSHA), which was created in 1971.

OSHA’s efforts in enforcing health and safety standards in the workplace have significantly reduced the number of job-related injuries and death since its creation in 1971; however, it was not enough to totally eliminate accidents in the workplace. Thus, the U.S. Department of Labor continuously received reports of injuries and, sometimes, deaths due to accidents. Based on results from the Census of Fatal Occupational Injuries (CFOI) conducted by the U.S. Bureau of Labor Statistics, fatal work-related accidents totaled to 4,585 in 2013; in 2014 the number of deaths went up 2%, registering 4,679.

Fatal accidents in construction sites include workers being struck and killed by a forklift or other heavy machinery, being struck by falling objects, electrocution, and falls, which frequently occur while workers are on ladders or scaffoldings. To promote worker safety and maintain a healthy work environment, the Federal OSHA enforced two safety standards:

  • Provide workers with personal equipment (such as helmet or hard-hat, eye protection, special goggles for welders, gauntlets for iron workers, hearing protection, and hard-toed shoes) that are designed to offer protection against certain hazards; and,
  • Make sure that workers, especially those tasked to operate and use heavy equipment or machinery, are effectively trained.

In the event of an accident resulting to injury or death, a January 1, 2015, OSHA Standard mandates (OSHA covered) employers to report the incident to OSHA within eight hours of learning of the event.

According to Dallas personal injury lawyers at The Benton Law Firm, work-related accidents resulting to injuries or death entitle workers or their families (in case of worker’s death) to file a claim with their state’s Worker’s Compensation Insurance office. Financial benefits, however, are often too small or delayed, that is if the application for claim is not rejected. Besides these, the Worker’s Comp also restricts injured workers from further pursuing legal action against their employer.

Under certain circumstances, however, this Worker’s Comp’s provision may be ruled against by a court, especially in cases where the injury is too severe or fatal. With assistance from a highly-skilled personal injury lawyer an injured worker or his/her family may be able to pursue the best legal option available that will enable him/her seek compensation from the his/her employer.

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Your Legal Duty to Care for the Safety of Everyone on the Road, Whether You are a Driver or a Rider

Posted by on Oct 29, 2016 in Automobile Accidents | 0 comments

Most motorcycle accidents and crashes involve riders who never received formal riding education. Rather than learning how to properly ride a motorbike in a riding school, these people believed that learning from friends or kin was enough. Motorcycling, however, is not just learning how to balance or how to maneuver a motorbike through traffic; the top priority is learning how to ride it safely.

The US National Highway Traffic Safety Administration (NHTSA) received 112,000 reports of motorcycle accidents in 2012: of these, 4,957 were fatal, while 93,000 resulted to serious injuries. While the number of motorcycles on the road keeps increasing every year, the number of accidents is to increase more likely as well, as long as there are those who choose not to learn how to ride the proper way.

Of the types of motorcycle accidents, single vehicle accidents are the most common. Their causes include riding while impaired by alcohol or illegal drug, riding too fast even during poor weather conditions, and failure to brake and maneuver properly, especially while rounding a corner. Due to these cause, motorcyclists losing their balance and crashing into road fixtures or being thrown off from their bikes are not uncommon sights.

Though less common, multiple-vehicle crashes result to more serious injuries and fatalities. Multiple-vehicle crashes involve another vehicle, such as a car. Of this type of accident, the worst is head-on collision, which often occurs in undivided rural highways and wherein one vehicle (either the motorbike or the other vehicle) happens to travel on the wrong side of the road.

Most multiple-vehicle crashes occur because many drivers fail to notice approaching motorcyclists or because many drivers deny motorcyclists their right of way. Despite actual crashes that verify these situations, many drivers continue to blame motorcycle riders, saying that they often careen in and out of traffic, putting their own and other motorists’ lives at risk.

The National Highway Traffic Safety Administration (NHTSA) affirms through crash studies that in multiple-vehicle crashes motorcycle riders are more susceptible to injuries or death due to the absence of whatever may protect them from the force of impact during collision. Injuries resulting from motorcycle accidents can actually be enough to permanently alter victims’ lives besides causing them emotional and physical trauma. Nothing can be more painful, however, if it turns out that the accident occurred simply because the one at fault acted recklessly or negligently.

Negligence or the irresponsible actions of others are also cited by the law firm Ritter & Associates as the reasons behind many crashes that result to very serious injuries, such as brain head trauma, spinal cord damage, broke bones, lacerations, scarring, and internal organ damage. There is no excuse for reckless behavior on the road; thus, anyone who acts recklessly or negligently and causes a motorcycle accident to occur, may be held liable for the repercussions.

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The Perks of Choosing An Independent Car Insurance Broker

Posted by on Apr 27, 2016 in Insurance | 0 comments

Having car insurance can be a lifesaver for US drivers. With the various costs associated with car accidents, it pays to carry an insurance policy when these situations arise. Your premium can save you a lot of expenses and hassles. Many people are confronted with the problem of whether to work with a corporate or independent car insurance company.

The website of Habush Habush & Rottier S.C.® revealed that working with an independent broker offers several key advantages than working with a corporate car insurance firm. Here we shall take a look at the various advantages of choosing an independent car insurance broker.

1. They offer different insurance options

A corporate car insurance company will only offer the insurance coverage they carry. If you are the kind of person who want to first compare coverage, then an independent broker is the best bet for you. They carry different insurance providers thus giving you plenty of options to choose from.

2. They have the experience in the industry

Independent agents have an understanding of the complexities of the insurance business so they can help you make the right decisions. They know how to assess your needs and offer you the most appropriate plan to suit your needs.

3. They have the knowledge and training

An independent insurance agenrt constantly updates their skills. They consistently undergo trainings. They are licensed and have undergone rigorous tests. Since they carry multiple products, independent agents have knowledge of which company is competitive so they will know which product to offer to you.

4. They can be a one-stop shop

Aside from car insurance, an independent agent will also be able to offer you other kinds of insurance. Whether it’s for their home, business, family, or for personal, the independent broker may be able to provide for all your insurance needs as well.

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Car Insurance

Posted by on Nov 17, 2015 in Insurance | 0 comments

For first-time drivers, obtaining motor insurance can be somewhat daunting, along with the price of motor insurance appearing to be too large for new drivers to manage. High car insurance premiums are the top cause for why first time driver prefer to not get automobile insurance, but this could be a large blunder on their part. What first- drivers should understand is that auto insurance companies charge them with rates that are higher because mathematically, youthful and first-time motorists tend to be far more likely to get involved in a collision, making them high risk clients.

For the currently overwhelmed first time motorists who would like to get auto insurance, there are essentially four factors that they should keep in mind: the minimum indebtedness in your own state, the essential form of additional coverage, selecting the right deductible for the insurance, and shopping around and evaluating auto insurance estimates. Just like with any state-law, you will find essential distinctions with regards to the minimum obligation for automobile insurance. You will first find the property-damage insurance that will cover the damages done to another individual’s house after having a vehicle crash: two types of responsibility insurance, and the bodily injury insurance that will pay for harms endured following the vehicle crash. Although the state does need the driver to own at least the minimal liability insurance, they’re hardly able to hardly cover serious accidents, particularly for the damages. It would hence be safer to consider obtaining a greater automobile insurance coverage.

Next, know the different types of further protection that may be added to your own car insurance plan. One of the most crucial ones is the under insured and uninsured coverage, which could come handy when you get involved in a car crash with someone who have no car insurance or doesn’t have enough to insure for the expenses.

Additionally, an Individual Insurance Protection might help cover for the medical costs you will endure within an occasion the additional motorist doesn’t have enough to pay for the clinic invoices.
A motor insurance deductible is a sum you have consented to pay from your wallet after an automobile wreck happens. Having a greater deductible can reduce your automobile insurance premiums, but it may cause more heavy prices should a significant automobile accident happens and you are left with little insurance.

Last but not least, examine quotes. Shopping for car insurance isn’t the most fun activity, and it’s hard (particularly for first-time drivers) to get find the right motor insurance as there are many alternatives. You can find alternatives by going on the internet or finding the Insurance Department in your state to inquire about insurance quotes since this could assist you in deciding which ones you’ll get your car or truck insurance.

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Exposure to Asbestos Puts You and Your Family at Risk of Mesothelioma

Posted by on Aug 4, 2015 in Law, Personal Injury | 0 comments

Nellie Kershaw was a British national who, in 1917, worked at the Turner Brothers Asbestos Company, a factory in Manchester, England, where she spun raw asbestos fiber into yarn. In 1924, just seven years after being regularly exposed to the mineral asbestos, she died . . . with fibrosis of the lungs as the identified cause of death.

Asbestosis is one of the known causes of fibrosis of the lungs (also called pulmonary fibrosis), a condition wherein the lungs get scarred, causing these to thicken and lose the ability to transmit oxygen into the bloodstream. Fibrosis of the lungs is an irreversible lung injury that makes breathing harder as the lungs continue to deteriorate and weaken overtime.

A formal inquest revealed that Nellie Kershaw’s lungs were extensively scarred by particles of various shapes, most of which had sharp angles – particles that were identified as asbestos fibers. Though Nellie was the first to be formally diagnosed as having suffered from asbestosis, a chronic lung disease caused by the inhalation of asbestos fibers, there were many others who died before her due to exposure to the same mineral; many of these people were asbestos miners.

Asbestosis is just one of the fatal effects of the mineral asbestos. Two other known serious effects of asbestos are lung cancer and mesothelioma, a rare, but deadly type of cancer that affects the cells surrounding the lungs and other organs.

About 2,000 – 3,000 new cases of mesothelioma are diagnosed in the US every year and it is seen in people who got exposed to asbestos regularly. Widespread exposure to asbestos happened from the 1940s to the late 19th century, with millions of workers having gotten exposed to thousands of tons of asbestos during the time of the Second World War alone. These were shipyard workers and US Navy personnel, whose work involved the building of US battleships, steam engines, boilers, steam turbines, and other ship equipment and facilities.

Due to the very long dormancy period of mesothelioma, which is about 20 to 40 years after first exposure to asbestos, majority of those diagnosed with this illness are already in their senior years. Majority, if not all, of mesothelioma victims are already retired; many companies, which exposed their workers to asbestos, also no longer exist today – some have already been bought by larger firms, while others have ceased operations after declaring bankruptcy – a result of the hundreds of claims lawsuits filed against them by the victims or the victims’ families.

Mesothelioma is a deadly cancer and companies which exposed their workers to asbestos should be made morally and legally responsible for the injury and suffering they caused in their workers. Certain websites like that of Williams Kherkher, offer detailed explanations about asbestos, mesothelioma, the different types of mesothelioma, who may actually be at risk of this deadly cancer, what its symptoms are, how to deal with it, and the legal rights and options of those diagnosed with it.

If you or a family member had been exposed to asbestos in the past, it will be wise for you and your family to undergo medical examination just to see if asbestos has affected you in any way. It is quite necessary that the other members of your family also get checked medically since your exposure to asbestos would have exposed them to the mineral as well (through your hair, skin and the clothes you wore at work).

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