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Car & Truck Accident : Who Has The Liability?

Accidents involving cars and trucks are always deadly. In cases like these, it is always the former who feels the consequence of the collision given the latter’s size. According to the website of Williams Kherkher, accidents involving the two vehicles will often result to serious injuries, pain and suffering, and huge medical bills. Recovery can be difficult for the surviving family members especially if the deceased is a bread winner.

Statistics compiled by the website of  Evans Moore, LLC, revealed that more than 9 million crashes involving cars, trucks, and other vehicles were reported in 2011 alone. In order to recover damages, you have to prove the liability of the truck driver. With car accidents, you simply have to prove negligence on the part of the other driver. In the case of truck accidents, this can be a difficult task because of the complex nature of liability.

On the average, a passenger car weighs 4,000 pounds while trucks at a whopping 80,000 pounds or higher. Aside from this, there are other factors that will come into play such as ride height, stopping distance, and the driver’s field of vision. And with the added pressure on truck drivers to travel long distance in the quickest possible time which can put the safety of car drivers and its passenger in jeopardy.

There are instances when the fault cannot be directly blamed on the negligence of the driver. It could also be due to some defects that the manufacturer of the car and truck was not able to check. In this way, the manufacturer may also be held liable for any injury or accident that may arise from their failure to check.

Thus, it is very clear that the car & truck accidents are purely not the fault of the driver. This is where having an experienced attorney will come in handy.

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Does a criminal background affect child custody?

One of the major issues that is discussed in divorce proceeding is child custody. In cases like these, the best interest of the child is the deciding factor. Whichever parent can best look after the overall well-being of the child will be the one to have full custody. There are many factors that can affect the court’s decision on which parent will get custody of the child and one of them is the criminal background of a parent.

On the effects of a criminal record on child custody, Appleton criminal defense attorneys at Kohler Hart Powell, SC will tell you that being criminally charged can have a huge effect on the life and freedom of an individual. In determining child custody, the criminal history of the parents will be reviewed. The weight on the criminal record will be dependent on various factors such as the victim, the type of offense, the age they were charged, nature of the sentence, and multiple convictions.

Depending on the identity and relationship of the parent to the victim, the judge deciding on your case may limit your custody and visitation rights. For example, if the victim is one of your children, the court may presume that you could hurt your child again. If the nature of the charge is of a higher level such as sexual abuse or life-threatening injuries, it may hurt your custody rights even further.

The nature of the conviction is another factor that can impact child custody cases. If it involves domestic violence or drug and alcohol abuse, it can also have a significant weight on your child custody case. In most states, courts have the presumption of domestic violence against you if your former spouse established a history of domestic violence. This means that the court may assume that you are a bad parent because of your abusive background.

Moreover, your age of conviction will also be reviewed by the court. If you were previously charged with DUI and evidence showed that it was an isolated case, the negative effect of the case may be reduced. Instead they would look at your present charges and its impact on your child.

Lastly, the frequency and nature of your charge will also affect child custody. While they may not be violent crimes, frequent or multiple convictions can impact your chances of getting full custody of your child.

According to the website of BB Law Group, PLLC, determining custody rights should be fair to both parents and at the same time will not hurt the child involved in the case.

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Safety In The Construction Site According To The OSHA

The Occupational Safety and Health Administration or OSHA was established under the Occupational Safety and Health Act of 1970. As part of the Department of Labor, its main function is to reduce workplace hazards and ensure that safety and health programs are implemented. The agency’s safety standards and regulations are applicable to construction sites. According to the website of Abel Law Firm, construction accidents or personal injuries in general can result to irreversible harm and life-changing consequences.

Under the OSHA, both employee and employer have responsibilities to ensure the safety and conduciveness of the construction site. According to the website of Hach and Rose, LLP, construction accidents and injuries can happen suddenly and without warning and may leave people seriously injured. Here then are the responsibilities of employees and employers under the OSHA:

Employees

  • Access to their exposure and medical records
  • Receive a copy of tests done to find hazards in the workplace
  • Request OSHA to withhold their names from their employer when they sign and file a written complaint
  • Review record of work-related injuries and illnesses
  • Freedom from discriminatory or retaliatory action from their employer

Employer

  • Make the workplace free from recognized hazards
  • Give employees safe tools and equipment
  • Inform employees of safety and health standards applicable to their workplace
  • Display in prominent areas the official OSHA poster indicating employee’s rights and responsibilities as stipulated in the OSH Act.
  • Provide safety training to their workers

Under the OSHA, the employer should correct any hazards present in the workplace and if not, employees can contact the agency through a written complaint. If the OSHA suspects that there is a violation or danger that exists, they can conduct an inspection. A representative of employees, chosen by the union, can accompany the OSHA in conducting the inspection. Both employer and employees will then be informed of the removal of any hazards.

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6 Possible of Dangers of Cosmetic Surger

Some people just can’t get contented with the way they look. Whenever they see imperfections in their body, they would want to remove it or have it repaired. Cosmetic surgery has become an ideal alternative for people who want to enhance their appeal and appearance. For most people, undergoing these procedures will give them renewed confidence. According to the website of Bergman Folkers Plastic Surgery, this will help people discover the beauty within them.

But while cosmetic surgery will not only enhance physical appearance but also emotional and psychological effects, it also carries potential risks as any form of surgery. The dangers of such procedure will vary from one person to another. There are also certain factors that con contribute to these risks. Let us take a look at the dangers of cosmetic surgery.

Scarring

While surgeons will as much as possible minimize scarring during surgery, it will still happen and some attribute this to the skin color of the patient.

Health Condition

Depending on your overall health, cosmetic surgery may also pose a risk to you. Obesity and history of heart diseases can also increase risks during the procedure. You can suffer from stroke or high blood pressure and abnormal heart rate.

Infection

The risk of getting an infection after cosmetic surgery is at less than 1% and taking antibiotics can dramatically reduce the risk. When infection does occur, the condition is very serious. If you are into smoking, taking steroids, or suffering from vascular conditions, the risk of infection is much greater.

Excessive or unexpected bleeding

Bleeding is a pretty normal condition a few hours after surgery and may often result to complications. Hematoma occurs when blood clots accumulate under the skin. Initially, there will be pain in the affected area but it will gradually go away once the body’s clotting mechanism starts to address the situation.

Necrosis

Cosmetic surgery can also cause necrosis, which is characterized by the appearance of dead tissues as a result of lack of oxygen in the operated region.

Anesthesia Risks

Although anesthesia-related risk is quite rare in cosmetic surgery, it is still a possible danger in cosmetic surgery. The patient may feel nauseated or experience sore throat.

Putting these risks in mind will help you decide whether to undergo cosmetic surgery. While you can look beautiful and confident, you should also consider the dangerous nature of the procedure.

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What is the Texas Prompt Pay Act?

Doctors and others in the medical profession is the epitome of excellent public service. For this reason, they need to be paid on time and fairly for all their efforts. Unfortunately, this is not happening as many insurance providers are not giving medical care personnel the compensation they deserve. To keep insurance companies from doing this, the Texas Legislature passed the Texas Prompt Payment Act in 2003.

With the law, those in the medical service who are not fully paid within specific timeframes have the right to recover compensation by filing a Prompt Pay Act claim. Currently, Texas prompt pay provisions take their roots from two legislative laws namely House Bill 610 passed in 1999 and the Senate Bill 418 enacted in 2003. Both provisions have been codified in Article 3.70-3C as well as Chapter 843 of the Texas Insurance Code. So what does the Act provide?

Under the Texas Prompt Pay Act, upon receiving the claim from a medical professional, they are required to perform four basic duties:

  • The insurer must acknowledge receipt of the claim
  • If the acknowledgement is not in written form, the insurance company must record the date of the claim and its contents.
  • The insurance provider must initiate the investigation of the claim
  • The company must request all items, statements and forms that the insurer reasonably believes, at that time, should be presented by the claimant.

The Texas Prompt Pay Act requires insurers to make the necessary payment with 15 days after being notified of the claim. On the fifteenth day, the law requires the insurance company to notify the policyholder of its acceptance or rejection of the claim. The insurance provider is given a 45-day extension.

For rejected claims, the notice of acknowledgement must state the reasons for such. At the same time, if they cannot accept or reject the claim within the specified time, they should inform the claimant that they need more time.

If the insurer uses the 45-day extension, the claim must be rejected or accepted within that time frame. If the company accepts the claim, they must pay within five business days. If some acts of the claimant will be paid conditionally paid by the insurer, the payment should be made within five business days after the performance of the act.

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Side Effects of Defective Medical Devices

Medical devices are supposed to make people well or easer their hardships. They are a living testament to how advanced technology has become and what these advancements have done in the medical field. Designed for treating and improving the life of a patient, it is assumed that these medical devices have been tested and guaranteed safe. Unfortunately, the negligence of some manufacturers have caused pain and suffering to patients instead of the treatment they were designed for.

Over the years, there has been a spate of complaints from patients experiencing the side effects of defective medical devices. Bard G2 IVC filter lawsuits, morcellators, hip and knee replacements, to name just a few. These flawed medical products have resulted to various complications ranging from debilitating pain to deadly uterine cancer. Patients who are hoping to improve their condition end up suffering for the rest of their lives and sometimes getting killed.

According to the website of Williams Kherkher, the failure of manufacturers to warn patients about the side effects of their devices resulted to unintended consequences which are often devastating. While the Food and Drug Administration has approved the use of these devices, the fault lies on manufacturers such as Johnson & Johnson, DePuy Orthopaedics, Zimmer and C.R. Bard not informing patients about potential complications.

In order to maximize potential revenues, manufacturers forego testing and immediately push their products in the market. They do this without regard for the safety of their customers. It is the responsibility of the company to ensure the safety of their products. The customers become victims of their negligence and irresponsibility and end up in pain for the rest of their lives.

And as the lawsuits against defective medical devices pile up, the affected victims are hoping that the court will make the manufacturers pay for their negligence and at least ease their pain and suffering.

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