Wrongful Death—Getting Something Off My Chest

Posted by on Nov 1, 2017 in Personal Injury, Wrongful Death | 0 comments

It’s been a very tough year for my family, and I think it might be therapeutic to just sort of put everything out there into the world and clear myself of thinking about it. I’m going to leave everything anonymous so that no one gets hurt or offended or anything. I just want to get it out there.

So, to start with, my cousin died this year. It was a massive thing. He died at work. There’s a wrongful death suit, and the business and insurance companies aren’t cooperating. They’ve turned very nasty and made some awful accusations, claiming my cousin was on drugs (he wasn’t) and that he was doing them at work (he wasn’t) and that he was selling them to other employees (still wasn’t).

It’s been awful. Not just to lose him but to have to battle for his good name, and for the money, these people owe my family.

My aunt still hasn’t recovered. She’s staying with us now, and I think that’ll probably continue indefinitely. She just lost her husband last year (who was my step-uncle, since she lost her first husband (my real uncle) to cancer five years back). My cousin was her only child, and she’s sort of alone in the world. She’s not even really my aunt, or not by blood. My uncle, who died five years ago was my mother’s brother. But my aunt has no one else, so we’re taking her in.

All of that, and that’s just the personal stuff. I live in Houston, so there was Harvey to deal with. We had to evacuate, and our house took on a lot of flood damage. That insurance company is also being a pain and delaying sending the money so we can fix our place back up. My mom’s worried about mold. It does smell funky in some rooms. I just try to ignore it.

I also lost my job this year. It wasn’t a great job, but it was one my father had gotten me. We aren’t close, my dad and I. He lives up in Dallas now, and he made an especial effort to get me this position, but with everything going on, I just couldn’t focus enough, and I lost it. He’s sore about the whole thing, I can tell. He says he doesn’t mind, but he’s sore.

So, I spend a lot of time these days sitting around in my moldy house with my aunt and my mom. We make a good team because we all feel miserable. It’s constant stress about the lawsuit and the insurance and looking for work. There hasn’t been a lot of good news.

No, actually there’s been some. I found a cat. After we returned after Harvey, I found a cat. I posted pictures, but no one claimed him.

That’s been nice. One nice thing this year. Maybe he’ll bring me luck going into next year.

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The Faulty Parts

Posted by on Aug 1, 2017 in Car Accidents | 0 comments

Cars and other vehicles are inventions that have greatly changed the way humans travel across land. These inventions have allowed for ease of movement from one destination to the next, and they continue to implement new technologies for increased functionality. Innovative technology continues to infiltrate the auto industry as humans become increasingly dependent on computers and their efficiency in all areas where humans could possibly miscalculate. When these technologies dysfunction they pose a great threat to drivers everywhere. The National Highway Traffic Safety Administration (NHTSA) is responsible for investigating all areas of importance when deeming these technologies unfit for their applications.

As the world continues to provide smaller processing units for applications in all forms of technology the automobile industry is eager to implement these sleek computers into the design of future vehicles. Unfortunately, the application of this technology is not always well designed and in some cases can be faulty, which can cause accidents or serious injuries to the operator of the vehicle. In many cases, the new features of these products are not adequately tested to assure their compliance with international safety standards. In a study done by the NHTSA, it was found that 390 million vehicles, varying in all sizes, have been recalled since 1966. This enormous figure is due to rushed testing, faulty manufacturing, or faulty designs. These unsafe designs have the potential to cause great amounts of damage to drivers and passengers around the world. In a separate study, the NHTSA discovered that out of the 2.2 million auto accidents they surveyed nearly 44,000 were directly caused by vehicular defects. In many cases, it is possible to challenge the auto industry and its components in order to receive adequate reparation for any damages or injuries incurred while operating a vehicle with recalled parts. Typically there are inspections and consultations to prove the vehicle was using defective parts that led to the accident and injuries.

Agencies like NHTSA and others like them conduct investigations constantly to improve conditions for auto owners. They utilize professional testing facilities in order to assess what went wrong with certain parts and how they could dysfunction while the vehicle is in operation. The work these organizations do is crucial in providing feedback for technologies and designs that otherwise would go unchecked for their unsafe conditions.

To summarize, vehicles in today’s age possess enormous technological advancements. With the growing demand for fully integrated media in every area of life, it is increasingly important that adequate testing is done to verify the safety of these new developments. Toronto car accident lawyers like Mazin & Associates PC seek to protect those that have already been injured by reckless drivers. Our roads are already so dangerous that we can not allow the new threat of failed technologies to harm our drivers and passengers that venture around the world by way of a car.

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Commonly Misunderstood Offenses

Posted by on Jun 9, 2017 in Criminal Law | 0 comments

The very foundation of a civilized society is law and its enforcement. But there are instances where laws can be confusing and their enforcement can be exaggerated or misunderstood, resulting into unnecessary arrests and charges.

If you have been charged with an offense, this may have a negative impact in your life, especially in your reputation. It is even worse if you have been wrongly convicted of the offense, because you will have to suffer the penalties, such as probation and jail time.

Drunk Driving

There is no denying that drunk driving is illegal anywhere, because local governments are aware of the risks of alcohol influence on drivers. But because it is illegal in all jurisdictions, it is not surprising that it is an offense that is often exaggerated and misunderstood. You can get arrested for drunk driving even though you are not drunk, like when you are showing signs of intoxication but you are just sleepy or fatigued.

According to the website of Ian Inglis, drunk driving charges can be defended. One of the most common defenses include questioning the accuracy or legitimacy of the sobriety test.

Open Carry

There are states such as Texas where you can openly carry a handgun in public and a few selected private properties. But the misunderstanding here often comes from the handgun carrier and not the law enforcer.

According to the website of this Dallas open carry law attorney, if there is a sign posted in a private property prohibiting open carry, you have the legal obligation to comply. Failure to do so may have legitimate legal consequences.

Sexual Harassment

Sexual offenses such as sexual harassment are often controversial. Sexual harassment can be considered legitimate if it is repetitive, like a co-worker who is often catcalling you and it is already affecting your productivity. The key is that it is not just a one-time event that can be questionable and accidental. But even one-time acts can be considered sexual harassment, especially the obvious cases where another person sexually touches you without your consent.

Because sexual offenses are controversial, they are often prone to being exaggerated and misunderstood, as numerous so-called victims claim that they have been sexually harassed.

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Advantages of Having Workers’ Compensation

Posted by on Mar 24, 2017 in Worker's Compensation | 0 comments

Advantages of Having Workers’ Compensation

Sustaining an injury or getting a serious illness while under employment can have a variety of consequences. Aside from the physical pain and the emotional and psychological suffering, you may need money for treatment costs, you may lose time from work, and, worst of all, you may even lose your ability to earn money.

Workers’ compensation insurance is there to make sure that you will not get a significant financial hit from your injuries or illnesses. The downside of having this kind of insurance is that you will not be able to sue your employer. But this downside can be overwhelmingly overshadowed by the insurance’s advantages.

Coverage of Damages

The most obvious advantage of having workers’ compensation is the financial coverage for the damages you have sustained. The insurance may cover your hospital bills and other treatment costs and wage replacements. You can even file disability claims. The broad range of coverage ensures your financial security, even if you sustain an injury or illness.

Peace of Mind

Knowing that you have an insurance policy that can cover for you when you sustain an injury or get an illness while at work is a surefire way to get peace of mind. You will receive the appropriate compensations when such hassles arise. When they do arise, you will also feel less pressure in the recovery phase. You will not force yourself to give your one hundred percent just to earn money, which can delay or even offset your recovery.

Better Employer-Employee Relationship

Since insurance gives you peace of mind, safety, and security, you will feel that your employer really cares for you, and you can trust them to perform their part when they are needed. This does not mean that you can be reckless in the job, because it just means that your fear of doing certain tasks may reduce, making you perform better. Not having the ability to sue your employer also makes a better employer-employee relationship and reduces bad feelings toward each other.

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One Pedestrian is Killed Every Two Hours while One is Injured every Seven Minutes

Posted by on Jan 5, 2017 in Car Accidents | 0 comments

Walking, more than jogging or any other activity that people do on foot, is the most common pedestrian activity. Today, it has even become the preferred way of transportation for tens of thousands of Americans.

So many factors, however, put pedestrians’ lives at risk – the first of these factors is motor vehicles, followed by bicycles, especially those ridden in parks, jogging lanes or walk lanes, and then there are the faded or absence of crosswalks (especially in rural areas), uneven and/or cracked sidewalks that can be a cause of trips and falls, debris on walkways, and roads that are inadequately lit at night.

Records from the Insurance Institute for Highway Safety (IIHS) and the National Highway Traffic Safety Association (NHTSA) show 4,743 fatal pedestrian accidents in 2012 plus 76,000 more which resulted in injuries (some of these injuries also led to death a few days after the accident); this means one pedestrian killed every two hours and one injurious accident every seven minutes. There was a very slight decrease in the number of fatalities in 2013, at 4,735; however, in 2014, the number again increased to 4,884.

In 2015, the U.S. Department of Transportation had safety of pedestrians and bicyclists its top priority. It convened University Transportation Centers (UTCs) and other transportation agencies and started the Safer People, Safer Streets program. In this program, the different transportation agencies were asked to conduct road safety assessments, as well as identify and remove barriers to improve non-motorized safety.

Pedestrians, obviously, do face great risks – in rural areas, but more so in urban settings where traffic is almost always heavy. The only sad thing about these risks is that majority of these are results of negligence.

Pedestrians accidents, however, can occur not only in crosswalks or public streets, but also in public parking lots, such as malls, supermarkets, commercial establishments, parking garages or private driveways. Legal liability also differs from one case to another due to differences in circumstances surrounding the accident.

Whatever the circumstances, continued the said law firm, injured victims require the same thing: “a straightforward answer about the likelihood of being able to collect financial compensation to help pay for medical bills, lost wages, and pain and suffering.” Though proving liability in a pedestrian accident can be a really challenging task, a victim, or his/her family, may be able to ascribe fault to the driver of the motor vehicle, but only through the help of a highly-qualified personal injury lawyer. It will be a wise move not to take chances with just any lawyer as this can cost the victim the compensation that he/she has the legal right to claim and which will enable him/her pay for the treatment that will lead to his/her recovery.

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The Dangerous Effects of Alcohol to Boat Operators

Posted by on Jul 19, 2016 in Boating Accidents | 0 comments

Aside from alcohol-impaired driving, another cause of accident that continues to injure or claim the lives of hundreds of individuals is boating under the influence (BUI). The official website of the U.S. Coast Guard’s Boating Safety Division, named the Boating Safety Resource Center, says that BUI is just as deadly as drunk-driving, that drinking will impair a boat operator faster than a car driver, and that 1/3 of all recreational boating accidents involve alcohol-impaired operators or passengers. Because of the dangers of BUI, violators who will be caught can face imprisonment, fines and revocation of operating privileges: worse punishment will be faced by those who cause injuries or death.

The federal BUI law enforced by the United States Coast Guard is applicable to all types of boats, from large commercial ships to the smallest recreational, sporting and fishing vessels. Foreign vessels sailing through U.S. territories and U.S. ships sailing on the high seas are also subjected under this law.

Drinking alcohol or liquor, while on sea, can have worse and faster effects on a boat operator. This is due to the overall marine environment, where the boat’s operator and passengers experience the sun, wind, sea water mist or spray, engine noise, vibration and motion. Thus, due to alcohol, capsizing boats and drunken passengers falling over board have become common causes of death.

The various threatening effects of alcohol, when consumed while on sea, include:

  • Weakening of judgment, cognitive abilities, wise assessment of situations, processing of information and in one’s ability to make good choices;
  • Impairment in physical control, resulting to failure to make timely reactions to dangers, lack of coordination and problem in balance;
  • Decrease in peripheral or night vision and depth perception, difficulty in identifying colors, especially green and red; and,
  • Failure to pull self out of the cold water, causing hypothermia and death.

As stated in a law firm called Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., boat accidents are some of the most potentially dangerous accidents an individual can be involved in, as victims are additionally exposed to the risk of drowning. This means that any act of recklessness while on a boat can put everyone on or near the vessel at risk. As such, it’s important that negligent boat operators are held accountable when their actions result in harm to others.

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Assisted Living Communities: Services, Cost and Possible Sources of Financial Solution

Posted by on Mar 8, 2016 in Elder Care | 0 comments

The demands of daily work often hinder many family members from personally providing their elderly or sick loved ones with all the care, attention and time that they need. This is especially true with regard to parents who have reached the age of 55 or 60. Though they may still show some signs of physical strength to accomplish many things, even the capability to live independently, it cannot be denied that many of them need assistance in various activities and, probably, a safer environment where they can move freely without risk of slip and fall accident and where they can enjoy keeping themselves busy through social activities.

This is just the kind of life that your elderly loved one can live in an Assisted Living Community. Assisted living, according to the Assisted Living Federation of America (ALFA), is long-term care wherein people are provided with health care and other support services. Seniors in assisted living communities do not need the level of care that a nursing home offers, their needs rather center on companionship and some assistance in day-to-day living.  Thus, residents usually live privately in apartment units; this is to give them their needed independence and the freedom to make their own decisions. According to the Cleveland Clinic, if you are concerned about your loved one’s ability to live independently, a geriatric evaluation and management assessment should be performed.

Assisted living communities have trained staff on-site that monitors resident seniors and who make sure that all their needs, such as emergency medical assistance, physical therapy and hospice care, are addressed on time. Staff members also provide other services, including laundry, sheet changing, cooking and serving food, grocery service and, depending on the disclosure of services, medication management, escorting to meals and activities, toileting, bathing assistance, dressing, and assistance of an RN for insulin injections.

These communities keep senior residents active and busy through various activities, like daily exercises, social activities, education programs, off-site outings, health and wellness programs, education programs, arts and crafts, indoor games, outdoor walking, and many others. In making sure that residents are also always in the best look, some facilities have a beauty parlor on site.

31,000 assisted living communities currently exist in the US. Monthly rent rate varies by state. In Texas, for example, the average daily cost for assisted living is $117; some charge as low as $28 a day, while others charge as much as $287 per day. Average annual cost in Texas is $42,270.

Some families may find sending their loved one in an assisted living community a costly move. There are, however, financial solutions available, like Medicare, Medicaid, Veterans Benefits, and Long-Term Care Insurance.

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