Family Matters

Yesterday, I drove off the car lot in my brand spanking new and expensive Porsche.  Today, I am madly on the phone with my insurance people because some jerk in a cheap and old BMW rear-ended my daughter and me while I was taking her to school.  To make this even worse for this guy, he was texting with one hand and messing with the radio dials with the other.  I am not going to feel sorry for him for spilling his burning hot coffee, which was unsafely placed between his legs, all over himself because he upset my daughter.  Besides, texting while driving is against the law now anyway.  So, he should get the book thrown at him.  I always picture someone having a literal book being thrown at them, not a phone book or a dictionary because they don’t make those anymore, but something more like a hardback version of whatever the longest Game of Thrones book is.

I should have known to avoid this guy as soon as I noticed that he was driving a BMW because BMW drivers are always either out-of-control crazy drivers or slower than Christmas drivers.  And, this guy was the former.  But, that’s beside the point.  This is not about what I could have, should have done.  This is about what he did.

Portia, which is my name for my Porsche, was stopped at a red light, not far from my daughter’s school.  She was telling me how this boy was being so mean to her, always teasing her and what not.  Before I could tell her that this boy was probably doing this to my daughter because he likes her, we were suddenly launched forward and then propelled backward again by the miracle invention of seatbelts.

My eight-year-old daughter has never experienced anything like this before.  So, naturally, she started to cry, as I flipped the BMW driver the bird and pulled off to the side of the road.

I discerned that my daughter had a headache and her stomach and arms hurt from the airbags.  Mine did too.  But, because I’m supposed to be the parent here, I don’t get to cry yet.

This BMW driver, upon first meeting him, looked like one of those guys who causes an accident and then immediately tries to drive away before information can be properly exchanged.

However, after we exchanged information, it turns out this was my daughter’s bully’s father.  And, he, like I now believe his whole family to be, is a bunch of bullies.  He even actually almost admitted to joking about hitting my car with his son.  And then, he says he didn’t mean to, but he just did it.  I can’t believe it.  This is one of the moments that I wish I had a time machine to go back and record what he said with my cellphone tape recorder, like in one of those cop shows that are always playing on television.

So, we will be suing, in accordance with the information we found on this website, the manufacturer of Portia’s airbags because my daughter has a broken arm now, which she actually doesn’t mind because it means that she gets to skip school for the day.  So, almost everyone wins, except the jerk who hit my car and the manufacturer of the air bags.

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The Importance of Empathetic Treatment Towards Dogs

For thousands of years, canines have lived alongside humans. Our species has domesticated these creatures, which has resulted in the forced evolution of a species that descends from fierce natural predators. The commodification of animals as pets, although deemed safe by many, does not erase these predatory roots of canines. Animal nature is a domain where strength conquers all. When animals display this territorial defense, it can be extremely dangerous for nearby beings. In regards to these incidents, it is important to note that many factors lead up to vicious outbreaks against humans. The long term treatment of the dog can have a direct effect on the likelihood that a creature becomes violent with humans.

In the United States, domesticated animals are popular among all demographics. Dogs, mostly known for being loving companions towards people, can be owned by any person. This is an issue when owners mistreat the animals by abusing them. Dogs are intelligent beings in many ways that humans are. They can experience happiness, fear, grief, love, and of course excitement. Typically families will own dogs for the moments of excitement and playfulness, but when owners shun the needs of their canine friends they can create psychological trauma for the animal. Animal abuse is one of the leading cause of an animal becoming violent towards humans. Pit bulls are an excellent example of this. When shown love and proper attention these animals can be some of the most obviously loving dogs, but if raised in hectic environments where they experience abuse in the forms of beatings or forced dog fighting they resort to their ancestral instincts. These instincts have the capability of causing serious injury towards their victim. Across the country, there are roughly 9,500 people that require hospitalization for their injuries.

Negligence plays a large role in these cases. Dog owners in these situations typically have not taken proper care of their animals thus causing them to break out in fear induced protective instincts. Additional reports indicate that annually the United States experiences 4.5 million dog bites, and out of this figure nearly one in five cases leads to infection requiring further treatment. These injuries can be extremely costly, both psychologically and financially, and usually, require the assistance of attorneys like Amerio Law Firm’s personal injury lawyers to handle litigations in the event that the victim files charges. In order to reduce these staggering statistics and rate of injuries, it seems necessary to advocate for more available education for dog owners. Additionally, simple dog behavioral training could reduce the high accident rates.

Clearly, animal violence towards humans is a great problem in today’s world. Thankfully this issue seems to have multiple different solutions. Animal rights organizations and other humane efforts are working to improve the treatment of all animals by launching large scale informational campaigns. Collaboratively, humans can raise awareness for the importance of education regarding animal ownership and treatment towards any animal. A population founded on compassion will not experience episodes of violence on the level we experience today.

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General Ways to Sustain a Concussion

The brain is a soft organ enclosed by a hard casing – the skull. But it is not entirely protected. If your head deals with enough force, your brain may shake around and crash onto your skull, resulting into a brain injury.

A mild to moderate brain injury can be called a concussion. Some concussions are not very serious, in the sense that the damage has not been extensive and the full recovery process is quick. But there are instances where concussions can be truly dangerous, resulting into physical and mental symptoms, including headaches, vomiting, sensitivity of senses, difficulty concentrating, and failing to remember the traumatic event.

Hitting the head on a solid surface

You can generally sustain a concussion in two ways – you either hit your head onto something or you get hit in the head with something. Either involves your head receiving significant force. On the first way, the solid surface may come in many forms, such as dashboards and pavements during car accidents, swimming pool floors and rocks during diving accidents, or floors during slipping, tripping, and falling accidents.

It is even worse if the accident has occurred because of someone else’s fault, like when the car accident has been triggered by a random drunk driver, the diving accident by the property owner’s failure to implement safety measures, and the slipping, tripping, and falling accident by a maintenance provider’s inability to clean possible hazards.

Getting hit on the head with a solid object

The solidity of the object is an important factor. Solid objects can resist destruction, so when a solid object and your head gets involved in significant force, your head will have the disadvantage and you may sustain a concussion.

Like hitting the head on a solid surface, getting hit on the head with a solid object can also involve the fault of a third party, but instead of negligence, it focuses more on recklessness.

For example, according to the website of Ali Mokaram Lawyer, an NFL coach may continue to play a player even though this player is already banged up with all the collisions with other players’ helmets and whatnots. This can result into a concussion, just because of the recklessness of a coach. Another example is violence, wherein a person can get hit in the head with deadly objects such as baseball bats.

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Impairment – the Primary Reason Why Drunk Driving is Prohibited

Impairment is the primary reason why drunk driving is prohibited. Being less sober, a person’s reflexes become slower. Impairment also affects: a person’s general ability to focus on the road; judgment; perception; coordination; and reaction time. The blood alcohol concentration (BAC) limit in all U.S. states is set 0.08%; this means anyone will be caught driving with this BAC level (or higher) can be charged with alcohol-impaired driving, specifically, driving under the influence (DUI) or driving while intoxicated (DWI).

There is simply no reason to drive while drunk – this is why the National Highway Traffic Safety Administration (NHTSA) and Centers for Disease Control and Prevention (CDC) never fall short in reminding and advising people to take a cab, use public transportation or ask a friend to drive them home (leaving their vehicle securely locked instead) if they had drinks.

Because of the obstinacy of some people, however, drunk driving remains to be a major problem. In 2008, there were 13,838 alcohol-related fatal crashes; since then, the yearly number of deaths due to this irresponsible road behavior has never gone down to more than 10,000.

A victim of drunk driving suffers not only physical injuries and trauma. It is very likely that his/her family will also suffer financial hardship due to his/her absence from work, thus, lost wages and the need to pay costly medical treatment. Situations become worse if the injury leads to disability as this will mean more wages lost and higher cost of medical care.

The Benton Law Firm knows that driving drunk is one of the most dangerous and frequently committed crimes in the United States. Unfortunately, many people become comfortable driving “buzzed,” where they are technically under the legal limit of .08% blood alcohol concentration, and can easily segue into driving with a BAC above the legal limit. According to MADD, by the time a drunk driver is arrested, he/she will have driven drunk, on average, over 80 times. This pervading sense of confidence and “it won’t happen to me” attitude encourages risky habits and increases the chances of the driver getting in dangerous—and potentially deadly—accidents.

Victims of drunk-driving accidents should know that they can pursue a civil suit to seek for the compensation to which they may be entitled.

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The Dangers of Medical Malpractice

Medical professionals are there to diagnose complications and treat them, and acts of negligence on their part may be grounds for medical malpractice cases, especially if they have resulted into injury. According to the personal injury website of Ali Mokaram, medical malpractice is one of the aspects covered in personal injury law, including car accidents, nursing home abuses, and others.

It is also important to point out that not all errors warrant a personal injury case. They key words are negligence and injury.


Wrong diagnosis can take on many forms, such as the following:

  • Healthy diagnosed as sick
  • Sick diagnosed as healthy
  • Diagnosed with a wrong condition
  • Diagnosed with a wrong subtype of a complication

Misdiagnosis may result into delayed treatments, development of more severe complications, worsening of complications, unnecessary treatments, and unnecessary medical bills.

Medication Errors

Medication is a complicated aspect in the health industry, so negligent errors concerning it is can be very common. Common errors include the following:

  • Error in initial prescription
  • Inappropriate prescription of drugs
  • Prescription of wrong drugs
  • Prescription of drugs that have negative interactions with other prescribed drugs
  • Wrong dosage
  • Wrong patient

Errors in medication may result into allergic reactions, hypersensitivity, prolonged hospital stays, emergence of new complications, and worsening of existing complications. Some errors may even cause serious injury or death.

Anesthesia Errors

Patients without medical backgrounds do not fully understand the importance of anesthesiologists, but it doesn’t change the fact that anesthesiologist error and negligence may result into permanent injuries and even death. The most common errors include:

  • Failure to consider patient’s medical history
  • Failure to give preoperative instructions to the patient
  • Failure to give the proper amount of anesthesia
  • Failure to effectively monitor patient’s vital signs

Surgery Errors

Surgery errors can be done by the surgeons themselves or their nursing staff. The most common errors are the following:

  • Puncturing a blood vessel, tissue, or organ
  • Operating on wrong side of the body or wrong body part
  • Leaving surgical instruments in the body
  • Failing to give postoperative instructions

These errors may result into infections, new complications, and worsening of existing complications. Some errors may even require further surgery, resulting into unnecessary medical costs and suffering, prolonged hospital stays, and more missed time on work.

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The CPSC Cannot Test all Toys, and that not all Toys Meet CPSC Standards

The CPSC Cannot Test all Toys, and that not all Toys Meet CPSC Standards

Toy manufacturers introduce about 3,000 to 5,000 new toys each year. With these many toys out in the market annually, even the Consumer Product Safety Commission (CPSC), which enforces safety violation standards, is unable to police or test every toy due to lack of personnel and not enough budget. Thus, despite strict federal regulations against use of toxic substances, such as lead paint, or choking parts, like magnets, toys that contain these continue to slip through and show up on store shelves, continuously putting children’s lives in great potential danger.

Over 15,000 different types of products used in and around the home, in schools, and in recreation, of which toys are just a small component, are under the watch of the CPSC. The CPSC’s main task is to protect the American public from unreasonable risks of injuries and/or deaths associated with the use of consumer products. This federal agency accomplishes this task by: banning any type of consumer product that causes danger or has the potential to cause danger; issuing product recalls; and formulating product safety requirements. With the task to monitor over 15,000 different types of products, however, but with only 163 employees (as of March 2012), the CPSC is simply short in manpower to police or test every toy in order to make sure that defective and dangerous toys never make it to store shelves.

Before falling under the jurisdiction of the CPSC, however, the task of testing and making sure that children’s toys are safe is, first and foremost, the duty of manufacturers. It is these toy makers’ legal responsibility to comply with the standards set by the CPSC, standards which order that children’s toys should be free of choking and strangulation hazards, excessively loud noise, projectiles and small parts, like magnets, which may be swallowed, sharp edges that can cause cuts, punctures or lacerations, and toxic chemicals (such as lead, cadmium and phthalates or toxic additives), which so many of today’s toys are contaminated with.

Consumers, parents, most especially, should bear in mind that the CPSC cannot test all toys, and that not all toys on store shelves meet CPSC standards. Thus, when buying a toy for their kids, they have to guard against and keep away from as well as Electric Toys, and toys with: button batteries and buckyballs (tiny magnets); cords and strings, which can cause strangulation; sharp edges; small parts; loud noises, which can damage hearing; sharp points; and, propelled objects, such as arrows, darts, missiles, and other projectiles.

In its website, the Mokaram Law Firm explains that, “personal injury can an unfortunate reality for millions of people. While many cases of injury are a result of accidents, a large portion are borne out of the negligence of a third party—whether it be a business, institution, government entity, or careless individual, there are societal expectations to act in such a way that is mindful of others’ safety. When this duty is ignored, the threat of severe injury is significantly increased. The ramifications of personal injury extend well beyond physical and emotional suffering; costly medical bills, missed time from work, lost wages, a prolonged recovery period, loss of enjoyment of life, and the potential need for physical and psychological therapy are factors that will likely have to be accounted for in the event of a personal injury.

These unfortunate circumstances can cause a huge disruption in your life. Although many victims of personal injury feel helpless in their situation,” they “can fight to lessen the financial burden of their recovery” by pursuing legal action against the liable party/parties.

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Drunk-driving: The Leading Cause of Injuries and Death on U.S. Roads

All drivers want to be safe, yet, thousands fail or choose not to observe road traffic rules intended to keep order and peace on the road. With more than five million vehicular accidents still being registered all across the United States annually, there is still much to be done to stop and apprehend drivers who continue to violate road safety rules, especially, driving while under the influence or driving while intoxicated (DWI).

Alcohol-impaired driving remains to be a serious issue in the U.S. despite all the national public awareness campaigns. According to he National Highway Traffic Safety Administration (NHTSA), drunk-driving continues to be the leading cause of road accidents (the others are speeding, reckless driving, failure to use seat belt, driver errors, defective vehicle pars and defective roads) that can result to severe injuries or wrongful death. This, again, is despite all the precautions, educational programs and the harsh penalties on violators.

People who drink and then drive compromise the safety of everyone else on the road and, the more a person drinks the greater probability of him/her meeting or causing an accident. This is why blood-alcohol concentration (BAC) in drivers was lowered to 0.08 percent from 0.10 percent during the 80s; higher fines and prolonged jail terms were also decided to be imposed on those who will be caught, besides a DWI or felony record under their names.

A measure of 0.08 percent BAC (the allowed limit in all jurisdictions in the United States) would mean about four bottles of beer consumed within an hour. Though some people may have a higher level of tolerance to alcohol than others, rendering them still sober despite more bottles consumed, they need to understand that BAC is based not on how sober a person may still be, but on the amount of alcohol registered in the blood.

Thus, what may start as a harmless night of socialization with peers or a night of simple unwinding may end in a night wherein you can be criminally charged and convicted. Despite the negative effects a conviction will have on your community and professional standing, you will also be legally required to compensate anyone who may sustain a personal injury due to your recklessness on the road.

With help from a seasoned lawyer, however, the Law Offices of Richard A. Portale, P.C., says that those charged may just have the chance to save themselves from the harsh punishments, but more so, from a DWI conviction.

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Available Damages In A Wrongful Termination Claim

Wrongful termination refers to a legal case filed against an employer by employees for firing them for illegal reasons. While employees are generally “at-will” workers, employers cannot just terminate them for any reason. An “at-will employee” can be fired by employers for any lawful reason. For the inconvenience it has caused them, an employee can be entitled to recover damages. If successful, they can receive the following damages:

Lost Income
If an employee successfully proves that they were wrongfully terminated, they can recover the income they lost as a result of being illegally fired. The employee may also be able to receive any lost earnings and unpaid wages, overtime, or any other compensation.

Lost Benefits
Lost benefits may include medical and dental insurance, pension, stock options, profit sharing, and other possible benefits. Determining the exact amount can be a daunting task so you need the help of an expert to do it for you.

Emotional Distress
Also called pain and suffering, the court may award damages for emotional distress. However, the judge will only award such if they deem that the employer acted really bad and the employee experienced tremendous suffering due to the wrongful determination. A mental health expert can help in proving pain and suffering.

Punitive Damages
Punitive damages are designed to punish the employer and acts as a deterrent for similar behavior in the future. However, punitive damages are not applicable for all wrongful termination claims and not in all states.

Attorney’s Fees
While some wrongful termination claims may award attorney’s fees, most of them do not. Lawyers will usually accept cases on a contingency fee basis. If you win your case, your attorney may be entitled to receive a fixed percentage of your damages

Texas employment attorneys will remind you to file the claim within a certain period of time to be able to recover the damages you ought to receive.

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Important Things One Should Know Concerning Social Security Disability Insurance (SSDI)

America’s working group is one of the very important factors that make this nation a major economic force around the world. To make sure that they get rewarded as they retire, the federal government passed the Social Security Act in 1935.

This Act first served as a form of social insurance and was originally intended as a financial source for retiring employees, many of whom suffered from poverty during the Great Depression in the 1930s. Now known as the Social Security Administration (SSA), two large federal programs aimed at providing financial assistance to people with disabilities have been created through it: the Social Security Disability Insurance (SSDI), which SSA introduced in 1956, and the Supplemental Security Income (SSI), which SSA created in 1974.

The Social Security Disability Insurance (SSDI), specifically, was designed to provide cash benefits to Social Security members with total permanent disabilities and pensions to retired members aged 65 or above.

There are criteria that should be met in order for one to be eligible for disability or retirement benefits. The most basic of these requirements are:

  • Having worked in a job covered by Social Security or by being self-employed; and,
  • Having earned the required number of credits required by SSA.
  • Employee earn four credits a year (a table that shows the number of credits needed by an employee who gets disabled is available in an SSA website with address, This table also shows the required number of years of work needed to be able to earn certain number of credits). These credits are earned through payment of Social Security taxes (employees’ pay slips usually identify SS tax payments as “FICA,” that is, Federal Insurance Contributions Act).

While members usually need 40 credits (earned after 10 years of work) to be considered eligible for disability benefits, employees who have only been a few years in work and, therefore, have earned fewer credits can also qualify. One very important thing any employee will have to know, however, is that even if they are eligible now, if they stop working under Social Security and so stop earning credits (for a certain length of time), then they may no longer be considered eligible in the future.

Another important requirement for eligibility is, of course, the total, permanent disability sustained by the employee. SSDI does not cover partial or short-term disability. Employees who sustain this type of disability can, instead, file their claim with their state’s Workers’ Compensation office, but only if the injury (that results to disability) is work-related or sustained while performing their job.

Disability, as defined by the SSA (at least for SSDI purposes), means:

  • A condition that will render a person unable to to perform the work that he/she did before being disabled;
  • The disability renders a person unable to perform any other type of work; and,
  • The disability may either last for at least a year or result in death.

Once an employee starts receiving the cash benefits, payment of benefit will only stop if:

  • He/She works at a level that the SSA considers as “substantial”;
  • If the SSA decides that his/her medical condition has improved to the point that he/she is no longer disabled; or,
  • If he/she turns 65 – if this is the case, recipient of the disability benefit will continue receiving the same amount of payment, only this time, it will be called “pension,” and no longer disability benefit.

As pointed out in the Hankey Law Office website, Social Security Disability benefits is a reliable source of income that makes a world of difference in the lives of disabled individuals and their families. People whose physical or mental disabilities keep them out of the workforce, therefore, should find out if they are eligible to the financial assistance known as Social Security Disability Insurance. A highly-competent SSDI lawyer may be able to help in this endeavor, as well as help prepare and file all necessary documents and forms in case of eligibility.

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Truck Driver Errors

An accident reconstruction team polished a crash site on Interstate 20, erasing remnants of a fatal accident that claimed the life of a six-year-old on Friday, March 11, that left a family mourning.

According to tow truck driver Dexter Chancey, who usually traverse this highway behind the wheel of his 18-wheeler, among the big accident sites in this stretch of road in Georgia include Washington Road, Wheeler Road, and Mike Pagett past Tobacco Road, among others. The reason why accidents happen on these roads? It’s because according to him, drivers, who are mostly truck drivers, cannot seem to focus on driving.

According to the Georgia Department of Transportation, 74% of 1,425 motor vehicle accidents in 2015 in the state, which has risen by 21% from 2014’s records, has been caused by distracted driving, speeding, and driving under the influence just last year alone. Last year, funding to make roads safer is the aim of the Transportation Funding Act of 2015.

According to the website of Ausband & Dumont, truck accidents are very dangerous indeed, given that the larger they are, the more they are in danger of rolling over, which makes it dangerous for their occupants. Being with a truck along the road is also dangerous for other motorists on the road because given the size of a truck, once another vehicle collides with it, there is a high percentage that the occupants of the other vehicle will lose their lives.

Some drivers jump out of a truck that they know is in danger of rolling over. A jumper might save his life, but there is no guarantee that this will do the trick because if you roll left and you jump or fall out, the truck may roll over on top of you; in fact, a lot of drivers are killed annually in 90-degree rollovers when they fall out of the cab and their truck falls on top of them. However, taking the risk and jumping out of the truck might be better than staying in the cab if the rig does a 180-degree turn or more.

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