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Vehicular accidents occur due different factors: “act of God”; and act of negligence. An “act of God,” also called natural disaster or act of nature, refers to any naturally-occurring catastrophe, such as an earthquake, an erupting volcano, a tornado, hail, lightning, hurricane, windstorm; it can also refer to an unexpected medical condition, like an unexpected heart attack or a syncopal episode, which is a condition wherein a person experiences a sudden drop in blood pressure, causing him/her to pass out. Because a natural disaster or a sudden-medical-emergency cannot be foreseen or prevented, courts usually do not hold a driver liable and so dismiss civil lawsuits that would allow injured victims to claim compensatory damages either from the at-fault driver or the at-fault driver's insurance provider (this is the case, at least, in tort states or states that recognize the negligence-based system). In the 12 no-fault states, however, drivers, especially those injured, can recover damages from their respective insurance provider, regardless of who is at-fault in an accident.
An act of negligence, on the other hand, can result to driver error (or driver-controlled factors) or errors beyond the control of a driver. According to the National Highway Traffic Safety Association (NHTSA), driver-controlled factors include drunk-driving, speeding, distracted driving, and reckless driving, among others. Factors that are beyond the control of a driver, meanwhile, include a defective car, a defective car part, which can be blamed on vehicle manufacturers, and poorly constructed or poorly maintained roads. While drivers and manufacturers can easily be held accountable for accidents resulting from their negligence, holding a government agency, which is in charge of road construction and maintenance, liable can be next to impossible due to the so-called “government immunity” or “sovereign immunity,” which renders states, municipalities and cities immune from any form of liability, despite injuries during an accident.
Poorly constructed or poorly maintained roads, are characterized by missing or poorly constructed guardrails, poorly lighted streets, traffic signs blocked by trees or other fixtures, wrong or missing road signs, lack of railroad crossing lights, roadway debris, uneven pavement, water pooling on roads, potholes, and so forth. Drivers, who fail to notice potholes or other road hazards and end up driving over these, can easily lose control of their vehicle and suffer an accident.
According to a Georgetown car accident attorney, even safe drivers can be vulnerable to accidents due to factors that are beyond their control, such as highway defects that can endanger the safety of all motorists.
Immunity of government agencies from lawsuits is not absolute. If it can be proven that there is gross negligence in maintaining a roadway and representation from an experienced personal injury lawyer for arguments that are logical and strong, then holding a government agency liable and claiming compensation from it are not impossible.
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It is mentioned in “thebentonlawfirm.com” website that in 2012, crashes involving semi-trailers throughout the state of Texas resulted to 389 deaths. This is a drastic increase from 2011, which saw only 303 fatal semi-trailer crashes. Crash data are compiled by the Texas Department of Transportation in an effort to target the causes of fatal motor vehicle accidents and work to put a stop to these accidents.
Based on traffic safety facts data from the National Highway Traffic Safety Administration (NHTSA), during the same year, large trucks that were involved in crashes totaled to 287,000; these crashes resulted to 3,757 deaths and 88,000 injuries.
Semi-trailers, also called big rigs or 18-wheelers, make up 2 million of the more than 15 million trucks operating in the U.S. It cannot be denied that their very large size and heavy weight are threats considering the damage these can cause in case of accidents. Due to this, the federal government strictly requires that those who wish to drive a semi-trailer should have special training, posses the necessary skills and pass a series of tests that deal with the proper operation and handling of this types of vehicle before he/she can be issued a commercial driver's license (CDL).
After earning a CDL, a driver is expected to comply with federal laws enforced by the Federal Motor Carrier Safety Administration (FMCSA) and Department of Transportation, such as: regular checks and maintenance of truck; use only of truck parts that comply with federal standards, especially tires and brakes parts; observance of the hours of service, which is the allowed maximum number or driving hours allowed of drivers; and other laws that will help ensure avoidance of road crashes. All these mandates, as well as the special training and tests, are aimed at ensuring the overall safety of interstate commercial driving.
Though a number of studies show that 75% - 80% of all truck accidents can be blamed on drivers of passenger vehicles, the FMCSA maintains that accidents are due to truck drivers' fault. These faults include: driver fatigue; falling asleep behind the wheel; driving too fast for road conditions; impairment due to alcohol, prescription drugs or over-the-counter-drugs; not being familiar with the road or the truck; inattention; distracted driving; incorrect way of attaching the trailer; failure to double-check blind spots; failure to ensure that the brakes are in good working condition; and, depowering of the front brakes, which is done to lessen wear and tear of tires and breaks.
The trucking industry plays a significant role in this nation’s economic growth; however, it comes with a high price – the high risk of serious, even fatal, injuries in the event of accidents. If the truck driver is the one at fault in the accident, then victims have the right to seek compensation to help them face the financial blows resulting from it. It would be best for victims to consult with highly-skilled truck accident or personal injury lawyers when seeking this compensation.
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Whiplash is a neck injury that results from a forceful, rapid back-and-forth movement of the neck. Although it is usually associated with car accidents, any impact or blow that results to the jerking of the head forward or backward can cause whiplash or neck stain. Neck injuries require years of medical treatment and rehabilitation. For this reason, you need to know the symptoms of whiplash so you can have it checked right away.
Aside from a car accident, whiplash may also be derived from sports accidents, physical abuse, or other trauma. Common symptoms may include neck pain, stiffness, and headache. The pain associated with whiplash is hard to ignore. Some of the symptoms of whiplash include:
- Pain, decreased range of movement and tightness in the neck. Muscles may feel hard or knotted.
- Headaches, most often starting at the base of the skull towards the forehead
- Pain when rocking your head from side to side
- Tingling or numbness in the arms
Some people may experience the following symptoms:
- Blurred vision
- Ringing in the ears
- Sleep disturbances
- Difficulty in concentration
- Memory problems
The good news is that whiplash will heal on its own. However, to quicken your recovery, do the following:
- Apply ice on your neck to reduce pain and swelling as soon as possible after the injury. Do the procedure for 20 – 30 minutes every 3 – 4 hours for 2 – 3 days. Make sure to wrap the ice in a towel or cloth to avoid injuries on the skin.
- Take painkillers or other drugs. Non-steroidal anti-inflammatory drugs such as ibuprofen or naproxen can help alleviate pain and swelling. However, they may have side effects. Avoid using them unless your doctor says so.
- Apply moist heat on your neck. Do it only after 2 – 3 days of icing it first. Apply the heat only after the initial swelling has subsided. Use warm, wet towels or take a warm bath.
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Construction workers are in the most danger of getting injured in their places of work. These construction sites are filled with objects that can injure or worst kill workers who are doing their jobs. According to the U.S. Occupational Safety and Health Administration (OSHA), a total of 4,251 workers in private businesses were killed in 2014. From that number, 874 came from the construction sector. In addition, construction workers represented 20.5% of all deaths or 1 in 5 work-related deaths, the largest number of fatalities reported for any industry sector.
Causes of Construction Accidents
According to the OSHA report, there are four common causes of accidents in the construction site. The agency calls this the “Fatal Four.” Furthermore, the OSHA reveals that if these four causes are eliminated, it would save around 508 American workers a year. Here now are leading causes of construction accidents:
Falls tops the list of causes of construction accidents. Accounting for 39.9% of all construction industry deaths in 2014. Construction workers will usually brave greater heights and in danger of falling from roofs, ladders, scaffolding, and cranes. Poor construction of scaffolding, improper use of ladders, and unprotected sides can lead to these kinds of accidents.
Accidents due to electrocution accounted for 8.5% of construction fatalities, making it the second major cause of deaths in the construction sector. Workers can be assigned to work near electrical power circuits and can be at risk of getting electrocuted due to direct contact with power lines or incorrect use of power cords.
Struck by object
These accidents accounted for 8.4% of deaths in 2014. They can happen as a result of tools being used above the workers are not well secured. These fatalities are caused by falling objects, cranes, and unstable walls.
Another risk facing construction workers is getting caught in or between large vehicles, walls, or concrete. This happens when a supervisor is not adequately overseeing their work site.
Preventing Construction Accidents
There are a variety of ways to prevent accidents and fatalities in the construction site. According to the website of KFF Law, construction accidents can be greatly reduced by implementing safety standards and enforcing safe working practices.
Safety in the workplace is also a responsibility of the employees and not just the management. They should be aware of dangers on the ground. They should also be informed of the hazards of cables running across roadways as well as the health hazards on construction sites such as asbestos, solvents, noise, and others.
Furthermore, management should provide proper training and education on the task prior to working. There are many ways to train construction workers that are available at the disposal of the management. For employees, they should always come with the proper mindset and attitude to reduce accidents in the construction site. Here are four common errors that should be prevented when working in the site:
Trying to complete tasks as quickly as possible can add pressure to the employees. Likewise, it reduces the quality of workmanship and increases the chances of not following the proper safety standards to accomplish the task.
There are many factors that can cause employees to be frustrated such as poor procedures, bad communication, lack of materials, and problems at home.
With fatigue comes reduced production and performance. To prevent this from happening, management should set realistic deadlines and attainable goals for employees.
Employees should have the ability to adjust to any situation. They should keep themselves from having a false sense of security as it can contribute to accidents in the workplace.
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Fraud, surely, can’t be all bad, can it? Fraudulent acts are, after all, just acts of deception with the goal of receiving personal gain unjustly at the end. It’s a lie that’s told that results in someone’s loss and someone else’s profit – so really, how bad can medical fraud be?
Picture it like this: you have a chronic illness for which you take a prescribed pharmaceutical in order for you to live as normal a life as possible despite this illness. A medical practitioner such as a new physician or some other recommends a new drug to either replace or go hand in hand with your existing medication with the promise that it will alleviate more pain and discomfort that this drug brings. The practitioner in this hypothetical situation will profit from the sale of the recommended drug that is, in this situation, neither tested nor approved and may have adverse side effects with your existing medication.
Some side effects can cause severe physical reactions which could prove fatal.
According to the website of the lawyers with the Law Offices of Yvonne M. Fraser, this kind of situations falls under personal injury through the subset of medical malpractice. Personal injury is the legal terminology is that is used to class a situation regarding an injury (physical, emotional, or mental) onto a person due to the negligent (whether willful or accidental) actions of someone else. Fraudulence may not have meant for injury to happen but should there be negative side effects that compromise and injure the victim, legal action is much advised.
Legal procedures involving anything medical, however, require not just an experienced lawyer in the field of personal injury but someone who is also familiar and comfortable enough with medical terminologies in order to be fully equipped to represent the case. That is why, should you fall victim to a situation as unfortunate as this, it is recommended that the aid of an Oceanside Medical Malpractice Lawyer is sought in order to receive well-informed guidance as well as experienced help throughout the entire legal ordeal.
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It is safe to say that all parents are alike in their concern regarding the safety of their children. A lot of parents feel constantly anxious about the possibility of accidents that may bring their children in harm’s way. This is why parents are particularly discerning about the role that schools and daycares play in maintaining the safety of their children. It is expected that these institutions do what they can to ensure that the children left in their care are well taken care of. Unfortunately, as the website of the Law Offices of Yvonne Fraser points out, there are some facilities that fail to live up to such an expectation. These mistakes typically result in accidents, particularly incidents that happen in playgrounds.
Playgrounds promise an abundance of enjoyable activities for children. This is why a lot of schools and daycare facilities invest to have such a space available in their grounds .With special structures such as seesaws, monkey bars, swing sets, and slides, playgrounds offer children to have fun while being able to expend their physical energy and develop flexibility, coordination, and strength. On the flip side, these very qualities that make playgrounds the ideal recreational venue for children are also the common culprits for the accidents that cause them to be injured. This is why playgrounds need to be outfitted with proper safety features. Playground structures shouldn’t be built over concrete surfaces that will guarantee an impactful blow in case a child trips or falls. Monkey bars, for example, should be on grass, sand, or specialized rubber mats.
Still, these safety features are not enough of a precaution to prevent accidents in playgrounds. School and daycare staff members should also be able to supervise the children playing in the area, keeping a lookout for any situation that may lead to a serious injury. Staff members should always be a step ahead in making sure that the children in their care are kept away from hazardous scenarios. If your child was injured in a playground accident that occurs in their school or daycare center, do not hesitate to seek counsel from a qualified personal injury lawyer. Pursuing legal action is an important step in making sure such accidents are prevented in the future.
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Car and motorcycle accidents occur at a similar rate in the U.S., effecting millions of people that sustain injury to person and property. However, the severity of injuries that motorcyclists sustain are more significant and often more life-threatening than car operators. A government study found that motorcyclists were more than 35 times more likely to be involved in a fatal accident than 4-wheel vehicle drivers. Knowing and preparing for the main causes of motorcycle accidents is an important precaution for any motorcyclists.
Head on collisions are responsible for around half of all fatal motorcycle accidents according to the National Highway Traffic Safety Administration. These crashes generally occur when a vehicle pulls out in front of an oncoming motorcyclist. In these cases, the driver of the motor vehicle is often at fault. The most frequent reasons for these are not realizing the speed of the motorcyclist or not seeing the motorcycle on the road.
Single motorcycle accidents occur most often when the driver of the motorcycle recklessly operates the vehicle. This may be due to impaired judgment after alcohol consumption or reckless speeding. Speeding impairs control of the vehicle and prevents the operator from maneuvering the motorcycle normally, causing the inability to navigate turns or respond to the actions of other drivers.
Since motorcycles are smaller than cars, road hazards present a significant threat to motorcyclists’ safety. Road conditions, pot holes, and other objects in the road may cause serious injury to a motorcyclist that is unable to void the hazard. Without the protective metal encasement that a car provides, a motorcyclist is more susceptible to serious injury or death.
Injuries that a motorcyclist may procure could be permanent and debilitating. Motorcyclists are most susceptible to head injuries, especially in instances when a helmet is not present. Other common injuries include spinal cord injuries, broken bones, and road rash.
If you or a loved one was injured in a motorcycle accident due to a negligent driver or faulty roadway, contact a personal injury lawyer in your area. You may be entitled to financial compensation for the physical and emotional damage they caused you.
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Toys and children will always be an inseparable combination and, whether newly bought or passed on by older siblings, the new young owners will enjoy them the same way their older brother or sister did and maybe even suffer the same injuries (if there are any) which their older siblings suffered from.
If injuries can have devastating effects in adults, then imagine what effects these will have on children (and on their parents, who would never want their child ever getting hurt). A child getting injured can happen anywhere – inside the school, in parks or even inside the very house where the child lives. And injuries can be caused by anything, most especially by things least suspected by parents, such as pets, food or toys.
Despite the millions of toys recalled by the government in the past several years, many toys that contain toxic chemicals still found their way in store shelves and were bought by unsuspecting consumers. Many of these toys have been found to contain concentrations of toxic substances-like lead-which exceed federal standards, while others were found to contain either small parts that posed choking hazards to young children or sharp edges which posed risks of lacerations.
Toy safety standards, which are enforced by the Consumer Product Safety Commission (CPSC), specify the following: the required sizes of toys for, and the inaccessibility of magnets and batteries from, small children; noise and toxics limits; and, the clear display of labels that will warn parents/guardians about possible risks of choking hazards.
The problem with toys is that these do not come with ingredient labels like food items and many companies, especially those from overseas, do not advertise the harmful substances (if there are any) contained in their products. This situation practically leaves parents blind with regard to the safety of harmful products.
The U.S. Public Interest Research Group (PIRG), which is a non-profit organization that aims to affect public policies through investigative journalism, grassroots organizing, direct advocacy, and litigation, believes that the shopping public needs to be continuously attentive and vigilant against potentially hazardous toys. In 2014 the group released its 29th report titled, "Trouble in Toyland," which highlighted potentially hazardous toys; the report also included tips for parents on how to keep children safe from the toys that they already owned. Adivce to parents included:
- Examining toys carefully for possible hazards before making any purchase
- Reporting unsafe toys and any toy-related injury to the CPSC at www.saferproducts.gov
- Checking the web address www.recalls.gov. for government announcements of recalled toy products
- Shopping with U.S. PIRG Education Fund’s Toy Safety Tips at www.toysafetytips.org
For toys already owned, PIRG tells parents or guardians to:
- Keep small batteries out of children’s reach and remove these if there are questions over their security
- Make sure that toys appropriate for older children, especially those with parts that can choke or cause laceration, are kept out of younger children’s reach
- Cover the speakers of toys, which make very loud sounds, with tapes
- Make sure that toys with small parts or toys that have broken into small parts are out of young children’s reach
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In December of 2013 the US Food and Drug Administration approved the use and distribution of Juvéderm Voluma XC, the very first injectable hyaluronic acid (HA, the skin’s natural substance) facial filler to gain an FDA-approval. This Juvéderm facial filler was created to restore the lift and firmness in the chin, cheekbone and cheek areas. Besides ensuring immediate results, Juvéderm also delivers long-lasting a result, clinically proven to last for 24 months.
The American Society for Aesthetic Plastic Surgery has identified hyaluronic acid (HA) as the second most requested on-surgical procedure in 2013. Next to Botulinum toxin type A or Botox, HA has become the second most effective treatment that can provide clients with a healthy, young facial appearance.
Experts, however, agree that the procedure, which involves transcutaneous injection of the filler gel Voluma XC, should be entrusted only to licensed plastic surgeons or dermatologists who have undergone proper training on cosmetic procedures and so possess extensive understanding on the use of dermal fillers and know facial anatomy; this is the very practice observed at the Des Moines medical spa services by Bergman Folkers Plastic Surgery, to ensure optimum client safety and the best results in all types of cosmetic procedures. Thus, due to expert handling, the usually month’s time for clients to clearly notice the youthful curves in treated areas, plus the longer effects, never fail.
Besides combating and reversing facial aging by lifting and adding volume to one’s cheeks, and lasting much longer than other HA treatments, Juvéderm Voluma XC has also been proven to ensure the following benefits:
- Changes in the contours of the face
- Fills in spaces much better, thus, it lasts longer
- Provides more lift, popping up the skin more than other fillers (even with just the same volume of gel)
- Has a very soft feel, thus, it does not cause discomfort after it settles into the skin
- Can be less painful compared to other fillers and less likely to cause bruising since it is injected into the deeper layers of the skin where the nerves are fewer.
Though it may be true that a syringe of Voluma costs higher than other fillers it will still prove to be more cost-effective due to its much longer effects. And with just a little volume, it can take decades off from one’s cheeks, temples, jaw line, and chin; plus, it can also be used along with Restylane (or other) fillers to treat the nasolabial folds – the creases from the corners of the nose to the mouth.
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When you are minding your own business while out and about, you're probably not thinking of the ways a person can hold your race, ethnicity, or origin against you. Sadly, that's not enough to stop it from happening. Some people's hearts brim with hate and ignorance, a dangerous combination.
When confronted with uninvited bigotry, it's easy to blow up at the person who's going out of their way to hurt you. However, that is often not the best reaction, as it may reinforce the verbal assaulter's false beliefs. Remaining calm when a person is trying to get a reaction out of you can be rather disarming for them.
Try to explain to the offensive individual in the most non-confrontational terms possible that what he or she said was wrong. Try to explain why without being too preachy, as that can be off-putting. Sure, it may seem counter-intuitive to be concerned with how a rude and insulting person feels, but that is what separates you!The main thing to remember is to remain civil; don't to get violent.
With a lot of patience, it's possible to go from this:
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Elderly people often require as much care and attention as small children, but are much harder to control because they are often set in their ways and determined to have it. In nursing homes, however, a good portion of the residents are infirm, requiring assistance to move about, or bedfast. Some who are physically fit may be suffering from mental problems, which makes them equally unable to care for themselves. These are the people who are in most need of constant professional medical care, which is why they are placed in nursing homes. Unfortunately, they don’t always get it.
It is reported that abuse occurs in approximately one-third of nursing homes in the US, and one form of abuse is nursing home neglect. It may be due to staff shortage, incompetence, or just carelessness. Whatever the reason, the nursing home staff typically fails to keep residents clean, fed, and medicated on a regular basis. In some cases, injuries occur because there was no staff available to assist a resident to move about, or used incorrect techniques, and this can lead to broken bones, lacerations and bruises. Because most elderly residents are in frail physical condition, such incidents can further compromise their health.
These can all also occur for the bedfast, but an added complication is bed sores, also called pressure ulcers, which are caused by the failure to regularly shift the position of the resident. Usually, a bed sore develops when the bones continuously press on the soft tissue, restricting the blood flow. If left untreated, bed sores can lead to more serious health complications and a lot of pain, and eventually death.
If you suspect nursing home neglect of a friend or family member, you can report it to the proper authorities to start an investigation. In the meantime, you may also be able to get compensation for the medical expenses as well as pain and suffering of your elderly relative. Consult with a nursing home abuse lawyer in your area to find out more about nursing home neglect and to get started.
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Children are entitled to special protection under the law, and that includes family law. Child custody and visitation rights are directly affected by evidence of child abuse, neglect, or dependency in all states. In some divorce cases where child custody is bitterly contested, one parent may allege that the other parent is not fit, and may provide evidence to support it. It is the right of the accused parent to deny these allegations, but first it may be helpful to understand what these terms mean.
Child abuse is primarily the intentional infliction of physical or emotional harm to a child, or creating an environment that may reasonably lead to physical injury of the child. This includes hitting, yelling, name-calling, false imprisonment, sexual contact, exploitation, and prostitution. It may also include corruption of a minor by allowing or encouraging immoral acts or behavior.
Child neglect is failure of a parent to give the child appropriate supervision, discipline and care, including medical or remedial care as necessary as well as proper nutrition and education. It may also be defined as the failure to ensure the physical safety and mental health of the minor.
Child dependency may be considered the offspring of the marriage between child abuse and neglect. It is a situation in which the child is temporarily or permanently removed from a parent who may be incapable of providing the necessary care and supervision of a child. It may be due to illness, addiction, disability, or incarceration of the parent, or due to the special needs of the child.
A parent who is unable to mount a convincing defense against allegations of any of these will almost certainly lose rights to child custody and visitation. If you are in a situation like this, consult with a family law attorney in your area for help.
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Forgetting something inside a patient’s body may seem to be the height of carelessness, but it happens much more often than most people would believe. While the most commonly retained surgical item (RSI) is a sponge, there have been instances when CT scans revealed scalpels, scissors, and other rather large metal objects as the cause of pain and discomfort in a patient sometimes years after the operation. So it requires no real stretch of the imagination to discover that there are cases where the RSI left is part of a robot.
A medical malpractice lawsuit was filed and won by a woman in Oregon against the doctor that used the da Vinci surgical system on her for a procedure that removed her right fallopian tube, ovary and appendix, and a malfunction caused a plastic item from the robot to be left behind. Three years later, a CT scan for an unrelated surgery revealed the presence of the foreign object, which turned out to be a laparoscopy sheath.
In that case, da Vinci surgical robot maker Intuitive Surgical was given a pass, but there have been numerous instances when Da Vinci robot errors were traced to defects in the system’s design or malfunction of the mechanical parts rather than to surgeon error. A majority of plaintiffs against the medical device manufacturer alleged electrical burns caused by malfunctioning tip covers as the main cause of their injuries, in some cases eventually causing death.
The legal problems of Intuitive have been exacerbated further by a suit filed by its shareholders against the company’s board of directors for underreporting the complications caused by the robotic system. Share price for Intuitive dropped from $573 to $393 when the actual number of injuries and deaths attributed to the device hit the newsstands.
Patients who have developed complications from having the da Vinci surgical robot used on them or from RSI may be eligible to seek compensation. If you are one of them, get in touch with a product liability or medical malpractice lawyer in the area to assess your case.
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