Post-Accident Trauma

Posted by on Oct 23, 2015 in Car Accidents | 0 comments

Research by the Centers for Disease Control and Prevention (CDC) continues to show that motor vehicle mishap is among the leading reasons for deaths and injuries in the US, especially for people aged 1 – 34 years.

Obviously, driver training is inadequate to make every driver keep highway safety guidelines. This is the reason the Nationwide Highway Traffic Safety Administration (NHTSA) has moved to enforce these laws more firmly, to apply more regulations and impose punishment that is harsher and impose more hefty fines on violators. Regulations such as the use of seat belts, speed limits, the prohibition of drinking and driving the limitation of the utilization of hand-held cell phone while driving (drivers of commercial vehicles, like vans, are required to make use of a Bluetooth headset) are moves by the NHTSA to try to cut down on the number of car crashes that happen in the US every year.

Automobile accidents present a greater risk than anyone can imagine. These can trigger loss of lives and severe injuries which may well alter their lifestyles because of these casualties (may even be for the remainder of the lives). NHTSA says that it is quite lucky that not all vehicle crashes result in severe injuries. As said on the website of the Sampson Law Firm, an equally-serious problem is not the trauma sustained, but the experience of undergoing a deadly experience; so, a number of people that have been engaged in automobile accidents produce phobia, fear and long term anxiety after their terrible encounter.

Psychiatrists and psychologists equally concur that anxiety or trauma of driving a vehicle again, till about two weeks after a collision, is a standard response and needs to be expected. CDC’s internet-based Injury Statistics Query and Reporting System (WISQARSTM), reports that the types who typically sustain the injury are passengers, rather than drivers. But while adult travelers may be able to easily avoid riding cars (until they have overcome the injury), the case is distinct with regard to very young kids, whose parents determine if they need to ride or not.

While most can overcome the trauma due to the injury, some have problems with it much more and longer persistently, finding themselves experiencing sleep problems, stress, and depression, which shortly change their behavior, routine, relationships, as well as, work.

Even the standard psychiatric periods needed to assist traumatized victims in overcoming their encounter may lead to another set of problems caused by fiscal difficulties. Favoring treatment, over-payment of statements from bank cards and mortgage, a lot of victims frequently are found victims of bankruptcy as this is their only sole legal mean.

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Insurance Bad Faith

Posted by on Jun 20, 2015 in Insurance | 0 comments

Often times, when we experience a natural disaster or an accident, our concern is not with material objects, but with the safety of ourselves and our loved ones. We expect the objects that were damaged to be taken care of, because they are insured. Unfortunately, during these trying times, insurance companies fail to live up to their obligations to provide coverage that alleviates this burden and allows victims lives to return to their normal routines as soon as possible. When this occurs, it is called Insurance Bad Faith.

Some examples of insurance bad faith are: unnecessarily delaying a claim, failing to properly investigate a claim, not providing full coverage, and improper valuation of damaged property.

An insurance company can unnecessarily delay a claim if the claim takes an unreasonable about of time to be processed and fulfilled. All insurance claims take time to be processed, however at times the duration of this period where a claim is delayed can become excessive, making it difficult for the victim to continue with their lives. If an insurance company cannot provide sufficient reasoning for delaying a claim, they are delaying it unnecessarily and in bad faith.

If an insurer fails to properly investigate a claim, the claim could subsequently be delayed or denied when it should have been immediately covered. If a claim is denied that should have been fulfilled, the victim then has to cope with additional expenses that they were relying on their insurance to cover. This financial burden is unnecessary and should be rectified.

When insurance bed faith occurs, it can add additional stress and trauma to an already terrible situation. Those who experience this are entitled to seek legal counsel to get the coverage they need.

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Learning the Penalties for Methamphetamine Possession in Texas

Posted by on Mar 5, 2015 in Drug Crimes | 0 comments

Like other substances classified as a Schedule I drug, methamphetamine is considered highly addictive and dangerous. Typically called ‘crystal meth’ or ‘meth’ for short, the drug has potent chemical properties that could lead to the slow but systematic degradation of the body. According to the National Institute on Drug Abuse, the use of meth has led to 103,000 cases of hospital emergency department visits.

As pointed out on a Houston criminal defense firm’s website, penalties for any drug-related convictions can be difficult to face. However, because of its notoriety, getting caught with any amount of methamphetamine can lead to serious penalties. Individuals convicted with methamphetamine possession could end up facing long-term consequences, aside from incarceration and fines.

In Texas, the penalties for methamphetamine possession will depend on a variety of factors. The most important factor is the amount of meth found in a person’s possession. For possession of methamphetamine that’s less than 1 gram, convicted individuals could end up facing a $10,000 fine and incarceration for 180 days to 2 years. Methamphetamine between 1 and 3.99 drams could lead to a similar $10,000 fine and a prison sentence of 2 to 10 years.

At 4 to 199 grams of methamphetamine, the penalties will increase to a $10,000 fine and imprisonment for between 2 to 99 years. Certain circumstances could also lead to a life imprisonment sentence. These penalties remain the same for methamphetamine possession that’s between 200 and 399 grams, except that the minimum prison sentence is moved to 5 years. Lastly, for possession of methamphetamine that’s greater than 400 grams, the minimum prison sentence is moved to 10 years and the fee is increased to $100,000.

Facing drug-related charges is a serious dilemma, especially if the substance involved is as highly addictive and as methamphetamine. If you have been charged with methamphetamine possession, you will need to seek out expert legal advice immediately. Your best option is to consult with an experienced criminal defense lawyer to learn your best options.

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SR 22 Insurance Coverage

Posted by on Feb 6, 2015 in Insurance | 0 comments

The State of Illinois requires all of its drivers to carry and maintain at least the minimum amount of liability insurance. This is to protect not only the driver of the vehicle but also the other motorists and pedestrians who they might encounter while on the road. An SR-22 may not be an insurance policy, but it still proves that you have insurance – something that is very important especially if you have been previously been convicted with reckless driving, driving without insurance, DUI, and other driving violations that had lead to your driver’s license being suspended.

There are many factors that can affect how your premiums are determine with an SR-22; some of these factors may even seem unfair, but they are still considered because of the risks that comes with reinstating your driver’s license. Among the many factors that would be looked upon to when applying for an SR-22 is the your driving history and the records regarding any accidents you have been involved with, as this would determine how much of a risk you are to them and the other people. Your age and occupation will also be considered, as well as your marital status. Other factors that insurance companies examine are your credit score and the type of vehicle you are driving, since they can greatly increase your insurance rates. If you are worried about applying for an SR-22, there are many insurance companies online which can provide a quote depending on your specific case, and could provide you with immediate insurance.

Many people see SR-22 as having a scarlet letter on their driving history, but, according to the website of Habush Habush & Rottier S.C. ®, this is not the case. SR-22 provides you with the opportunity to legally be on the road again, and depending on the reason for your driver’s license suspension, the SR-22 will eventually be cancelled after a couple of years. It is important, however, to keep up with your payment for SR-22 if you don’t want to risk it being cancelled and having to file for an SR-26 (another type of insurance form) to be filed with the Department of Motor Vehicles until a new SR-22 is filed and made effective. Your SR-22 status will only be removed when responsibilities given in a certain amount of time has been completed.

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Court Battles Regarding BP Oil Spill Continue

Posted by on Feb 5, 2015 in Oil Spill Claims | 0 comments

Recent updates on the BP Oil Spill claims and appeals report that the BP lawyers are requesting the removal of the person who is in charge of dispensing settlement money for those affected by the BP Oil Spill which occurred in the Gulf of Mexico in 2010.

There have been a number of complaints regarding how the judge in charge of these claims has interpreted the agreed 2012 settlement, which has reached the total estimated amount of $7.8 billion for various class-action lawsuits. Lawyers involved have talked about their plan to remove the judge with the 5th US Circuit Court of Appeals on his failure to share the said information.

Although the judge has yet to determine the time that they would rule on the issue, the BP Claims head has never hidden any information about his past work relationship with the State of Louisiana, as has been the accusation, and the information was known publicly before the company has hired him for the position.

Despite it being 5 years since the accident, residents, businesses, and non-profit organizations around the Gulf area are still suffering from the losses caused by the Deepwater oil disaster that have taken the lives of 11 of its workers after it exploded. According to the website of Williams Kherkher, filing for an appeal would help claimants get compensation from the damages they have endured and are still enduring years after the disaster, but with the latest news of BP selling some of their profits to pay for the compensation and liabilities that have and the internal issues they have with Juneau, it may be a bit longer for them to get their fair settlement.

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Personal Injury due to Truck Accidents

Posted by on Feb 2, 2015 in Car Accidents, Personal Injury | 0 comments

Personal injury claims involving commercial or semi-trucks can be quite unique: it is necessary for these trucks and truck owners or companies to comply with both federal and state laws and regulations. Likewise, because of their size and risks, they are required to carry higher limits with regards to their insurance coverage as compared to other smaller vehicles. When a truck accident occurs, the truck driver may not be only ones who could be liable for the accident. Because of possible multiple defendants in a personal injury claim, an injured plaintiff has a higher chance of having their cases settled than a “standard” accident.

For truck drivers and truck companies, it is the state and federal regulations that determines the standards on how they operate and the type of insurance that they would take. These regulations are what dictate the length of time they can stay on the road without rest, the amount of load they can carry, and the quality control on the vehicle’s maintenance, among many other factors. Truck owners and operators of these commercial trucks are given insurance requirements that are higher than smaller vehicles. This is to ensure that the plaintiff will receive the fair amount of compensation that they deserve, since most truck accidents are devastating in nature as outlined on the website of Williams Kherkher.

Personal injury claims against multiple defendants can make them all equally liable for the injuries and damages that the plaintiff has suffered, but depending on the evidence presented and proven in court there may also be one defendant. Plaintiffs on truck accident with multiple defendants should, however, be informed that the disadvantage for this type of injury claim often leads to trial and a settlement may take longer to obtain. According to the website of Williams and Kherkher, having multiple defendants can make the injury claim harder to complete, so finding a personal injury lawyer can help formulate the proper strategy for the case.

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Lawsuits Relating to Power Morcellators

Posted by on Feb 2, 2015 in Defective Products, Personal Injury | 0 comments

Several morcellator lawsuits filed by the victims of the medical device called which exposed them to the health risks have already established the dangers that the medical device can cause. Power morcellators have been marketed and used as a non-invasive option for removing non-cancerous tumors (usually on fibroids) located at the uterus, or spleen and kidney surgeries and hysterectomies. The danger comes after many of the patients have discovered they have cancer and that the procedure had caused the cancer cells to spread to other parts of the body.

Despite the convenience and safety of the use of morcellators in removing uterine growths, the data from FDA shows that 1 in every 350 women who used the morcellator for their hysterectomy or myomectomy are at risk of having their unknown uterine sarcomas being spread after the procedure. The website of Williams Kherkher sadly reports that despite the issued FDA warning given November 2014 to not use the device for removal of uterine fibroids and prevent the spread of dormant cancer cells, they are still being used today. Doctors and surgeons, however, are required to inform their patients of the cancer risks before they undergo the procedure.

Filing a morcellator lawsuit may be a way to seek compensation for the damages that the device have caused, such as medical expenses for replacement surgery and treatment, pain and suffering, and lost wages. It is really devastating to hear that after removing what you thought was a non-cancerous tumor would eventually lead you to a life of health complications and hardships. Finding the right lawyer for your morcellator lawsuit is important to ensure that your claim will be determined for legal validity and fair and just compensation will be awarded to you and your family.

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