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When Car Parts Fail to Function

Posted by on Apr 17, 2016 in Automobile Accidents | 0 comments

In the US and in many other countries around the world, one common thing about car crashes is that most of these are caused by young drivers, particularly those aged between 16 and 19 years old. According to the National Motor Vehicle Crash Causation Survey (NMVCCS), a yearly study conducted by the NHTSA, about 90% of these crashes are due to driver error – mistakes committed by drivers. These driver errors, to name a few, include distracted driving, inexperienced driving, day dreaming, falling asleep while driving, driver fatigue, reckless driving, aggressive driving, and driving while impaired either by alcohol or, legal or illegal drugs (legal drugs refer to over-the-counter drugs or prescription medicine).

Driver errors are results of carelessness or negligence and irresponsibility – avoidable things without which car accidents would significantly be reduced. “Reduced” because though more than two-thirds of car accidents are due to these, there are other reasons why cars crash, according to the National Highway Traffic Safety Administration. These other reasons include defects on roads, highways and bridges, and defective cars or malfunctioning car parts due to mechanical failure.

Mechanical failure can be due to manufacturing defects or poor design (both of which can be blamed on the car manufacturer), or lack of proper vehicle maintenance, which is actually the driver’s or car owner’s fault. The most commonly identified mechanical problems that lead to car accidents are tire blow out, which can occur if tires are worn out or under inflated, faulty steering systems and suspensions, faulty headlights and taillights, malfunctioning wipers, and faulty brakes.

Two modern safety technologies that most of today’s cars are equipped with are the dual braking system, which will allow a car to still brake even if one of its braking systems fails due to circuit malfunction, and the anti-lock braking system, which will keep the car’s front wheels from locking during emergencies.

While the malfunction of any critical car part may lead to an accident, risks can be higher if the problem were the brakes. If the malfunctioning brakes were a manufacturing defect, then it would be surprising why, despite manufacturers’ compliance with federal safety standards and the quality control system they themselves observe, bad parts still slip through. Obviously, some people are just not aware, or they simply disregard thoughts, of the real dangers a defective car part can possibly cause everyone on the road.

In a website belonging to the law firm Williams Kherkher, it is mentioned how victims are made to face not just physical and/or emotional trauma, pain and sufferings, but a host of other concerns that can lead to financial troubles, like costly medical treatment and lost wages. All these sufferings and losses make it necessary for victims to pursue justice and compensation through a civil lawsuit.

What’s the Big Deal about Personal Injury?

Posted by on Nov 5, 2015 in Personal Injury | 0 comments

There are many ludicrous headlines that are basically bait for clicks and views on a website – mostly about ridiculous people doing ridiculous things and getting hurt by them. Everyone has seen at least one Florida Man headline that is almost so unreal that you may have trouble believing it.

Most times, these headlines seem so far away and these personal tragedies can seem so petty until they happen to you. And that is the deal about personal injury.

Personal injury is the legal term that is used to categorize an incident regarding an injury that a person has suffered that was due to the negligence of another party. The injury in question could be physical, mental, emotional, or any combination of the three. Don’t be fooled by the easy stereotypes – these injuries could be so debilitating that they render what used to be a perfectly, physically capable professional into someone disabled and no longer able to work.

It can be devastating and difficult to live with and that is why legal action for situations like this is advised. Medical expenses in order to treat the injury – and, yes, even mental and emotional injuries require therapy and medication in order to be treated – are not the only costs that most victims need to worry about. There are also the costs regarding other losses such as wages and living expenses for the family, should the victim have dependents who rely on his paychecks the most. The worst scenarios can even mean the victim’s death due to the injuries they’d suffered due to someone else’s negligence.

In circumstances like these, it would be the most recommended course of action to seek professional, legal help immediately.

Some Alarming Facts Related to Internet Sex Crimes

Posted by on Jul 6, 2015 in Crime | 0 comments

Information and messaging in an instant no matter which part of the globe you are in – this is where today’s technology has brought us, to make communication and access to information faster, easier and much more convenient. However, like any other new invention, no matter how good the intent of its maker is, once it falls into wrong hands, then damaging results are most certainly to follow.

The Internet. While it has made every bit of information readily available through simple clicks of buttons, it has also enabled certain individuals, who intend to accomplish criminal activities, to hack into private government and personal records to commit cyber fraud, cyber-based terrorism, computer intrusions, espionage, and internet sex crimes.

Though it may be considered a less serious offense compared to the other criminal acts mentioned, internet sex crime, nonetheless, has become an alarming concern to the government due to the very damaging effects it causes in those affected and the perfect ease with which perpetrators accomplish it.

Through wired or wireless access to networks, sexual offenders are able to create and disseminate speedily different forms of sexually offensive and abusive materials and sexually-tainted messages, such as photos depicting child pornography and solicitation efforts, which often lead to contact offenses, like sexual assault or rape.

Data from the Association for the Treatment of Sexual Abusers (ATSA), a global, multi-disciplinary organization committed to preventing sexual abuse, show that trading and posting on-line of child pornography and sexual chats with children, adolescents or any vulnerable persons, first to convince them to produce or view pornographic images and, second, to arrange with them a face-to-face meeting (for the committance of the crime), are the most common forms of internet sex offenses. What is alarming, however, is the fact that many teenagers freely meet with an adult offender, sometimes more than once, and even describe such meetings as romantic occasions.

Equally disturbing are data from the US Department of Justice’s National Sex Offender Public Website (NSOPW), which say that:

  • A number of teenagers and young adults have, indeed, willingly shared with others online or through text messaging (“sexting”) naked pictures of themselves
  • Many of those who end up as victims of internet sex crimes openly talk about sexual topics even with people they do not know and have sexually provocative photos/videos posted online
  • Quite a large number of teenagers and young adults are open to, and have actually participated in, sexting (which means sending of sexually explicit messages, usually with images, from one mobile phone to another)

The extent and severity of harm against the victim and the continuous growth in the number of perpetrators of internet sex crime made the government mobilize legal and investigative teams with the major task of identifying and prosecuting, especially child pornography, offenders in order to reduce and eliminate this type of indecent, criminal activity. But how guilty can one really be judged if the identified victim willingly and voluntarily participated in the whole act, maybe even showed motive which led the accused into thinking that his or her sexual advances were welcome moves?

Unless proven guilty, an accused can never be treated like a criminal; however, it will be a tough task to prove one’s innocence, especially if the victim, or a witness, identifies him or her as the committer of the crime.

Anyone who is accused of any crime has a right to a fair trial and to a type of defense that may save him or her from a conviction or which may help reduce sentence if a conviction is imminent. Understanding one’s legal rights if charged with an internet sex crime is vital as this will help the accused know what steps to take to save him/herself from being convicted and his or her future from being ruined. Many websites (belonging to different law firms) offer vital information on the rights of an accused and his or her possible legal options. To learn more about criminal defense laws, visit this website.

Sudden, Life-Altering Effects of an Injury

Posted by on Apr 4, 2015 in Automobile Accidents | 0 comments

Everybody has dreams. Perhaps you want to become a world famous ballerina or martial artist. Maybe you want to travel the world and see this glorious planet for all of the splendor it has to offer. The world is your oyster, so the adage goes, but what happens when it all goes wrong? What if, one single, defining moment in your life ruins the chances for any and all of these aspirations from coming true? It can be devastating to have to live, to experience the aftermath of a devastating accident.

The effects of an injury from an accident can ripple and affect the victim’s family and friends as well.

For example, say a person was just crossing the road and was then injured by a motor vehicle such as a car or a motor bike. This unsuspecting victim, due to the accident, becomes a quadriplegic, otherwise known as a person who is impaired due to paralysis. This means medical expenses and procedures in some hope of recovery. If the injury was to the spinal cord, there is no known cure as of yet and the victim would then need physical therapy for the remainder of his or her life in order to stop their limbs from atrophy due to the inability to move them. It means that they must then be watched over and fed and bathed and other menial tasks that should be easy to do, for any uninjured person. These effects can have a devastating impact on the psyche of a person that can lead to depression or even suicide.

This scenario is only one of many as cases of this nature are hardly ever straightforward. The victim and the victim’s family or beneficiaries are, however, legally entitled to compensation for the expenses that the injury has dealt upon the victim. If the victim was the primary income earner of the family – or sustained income necessary for the financial stability of the family – then there is also those lost wages to compensate for. These legal procedures and necessities can be stressful and arduous to deal with, which is why it is recommendable for expert legal attorneys who are experienced with these kinds of cases to be sought, should an incident like this befall you or someone you know.

Final Stryker: Hip Replacement Maker Agrees to Settlement

Posted by on Feb 23, 2015 in Medical Risks | 0 comments

About 3,000 of those who have used the help of a personal injury lawyer and filed a personal injury claim against the hip replacement product’s manufacturer may be able to take part in a settlement program in lieu of going through the trial process.

Stryker Orthopaedics (aka Howmedica Osteonics Corporation) agreed to set aside $1 billion in a settlement fund in which eligible individuals may put in a claim instead of pursuing a lawsuit for injuries sustained when the Stryker Rejuvenate Modular Hip or ABG II Modular hip systems failed well short of its expected life span. It has been determined that the hip replacement products were defective in design and its metal-against-metal construction was inherently dangerous.

Each successful claimant would be entitled to a minimum $300,000 for each failed implant, and this compensation can go up on a case-to-case basis. The settlement agreement specifies that patients that had to undergo more revision surgeries and/or suffered more complications would receive more.

Stryker had issued a recall of these two hip implant products on July 3, 2012 on the wake of an alarming number of complaints coming in about the failure of the implant and the resulting pain in implanted patients. Upon investigation, it turned out that the implants deteriorated at a rapid rate, and produced metal debris that caused bone and tissue damage as well as pain and swelling. Stryker had categorized this as a potential risk of fretting or corrosion.

Stryker implants were supposed to last 15 years, but it had failed in a significant portion of its users (13%) within two years, a clear sign of something seriously wrong. The number of complaints rapidly swelled following the recall and the cases were eventually pulled into multidistrict litigation (In re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation, MDL No. 2441 District of Minnesota).

If you have been implanted with these Stryker hip implant products, you may be at high risk of developing serious complications. Consult with your physician about the risks, and a Stryker hip implant lawyer in your area to find out if you are eligible to make a claim.

Can You Claim Legal Action for Construction Site Accidents?

Posted by on Jan 5, 2015 in Construction Sites | 0 comments

When you think of construction sites, you can usually picture big, complicated pieces of machinery about and lots of people sporting bright vests and hard hats. Even in your mind’s eye, it is usually chaotic – because it is. It is also extremely hazardous to anyone involved, which is why working in the construction industry can be quite the dangerous profession.

Accidents do tend to happen, however, despite the workers being quite careful – sometimes, this is due to negligence and the consequences can be quite catastrophic. Citing the website of Crowe & Mulvey, some of the most common causes of hazardous accidents happening in construction sites include, but are not limited to: equipment malfunction, criminal negligence, exposure to toxic chemicals, et cetera. There must also be a permit acquired that clears the area as a site that is safe enough to work on.

If you or your loved one has suffered injury due to an accident at a construction site, it would be a recommended course of action for you to take legal action. A proper construction site accident lawyer can process your case efficiently and effectively, giving you the room and leisure to recover in peace.

Accidents that occur on a construction site usually demand immediate medical attention, due to the nature of the site and the given industry, adding to the possibility of infection due to exposure to chemicals within the environment. There is also the cost of the psychological trauma caused as well as the lost wages as a result of being injured from a construction site accident.

These added financial constraints are not battles that you should pursue on your own, especially if the fault wasn’t with you or your loved one in the first place. If the negligence was due to actions from the employer, then the employer in question is the one who should be held liable for the incident and should be made to pay recompense for the injury sustained.

Qsymia and Belviq Side-Effects

Posted by on Sep 18, 2014 in Medical Risks | 0 comments

The U.S. Food and Drug Administration’s approval of the weight-loss prescription drugs Belviq and Qsymia in 2012 was a much needed uplift to the hopes of those suffering from obesity and the overweight.

Obesity is a serious health issue which more than a third of the total American adult population suffers from; and it is a common concern for the Centers for Disease Control and Prevention and the FDA’s Center for Drug Evaluation and Research. This is because obesity increases in people various health risks, such as hypertension, stroke, heart attack and diabetes.

Belviq and Qsymia were approved by the FDA for chronic weight management. These weight-loss prescription drugs were specifically formulated for obese individuals, that is those with a body mass index (BMI) of 30 or higher, and the overweight (whose BMI is 27 or above) and simultaneously suffering from one weight-related illness, like dyslipidemia, type 2 diabetes mellitus or hypertension. To be effective, however, those taking either of the drugs will have to follow a regular exercise program and a reduced intake of calorie.

Qsymia, which was previously sold under the name of Qnexa, is manufactured by Vivus, Inc. It combines phentermine and Topamax or topiramate extended-release (ER), two other existing FDA-approved drugs that were also developed by Vivus. Phentermine acts as an appetite suppressant; it particularly triggers the discharge of a brain chemical that directly affects the appetite-regulating hormone leptin. Topiramate on the other hand, is an anticonvulsant that has been formulated to cause weight loss by enabling the body to burn more calories, giving the feeling of being full (despite the minimal amount of food taken) and makes food less tasty, making a person easily lose appetite.

The other weight-loss medication, Belviq or lorcaserin hydrochloride, is a serotonin 2C receptor agonist that was developed by Arena Pharmaceuticals Inc.; it increases the level of serotonin, the chemical produced by the body (majority of which is produced in the intestines and found in the gastrointestinal tract), which is believed to affect a person’s social behavior, mood, sexual desire and function, memory, digestion and appetite.

Since the drugs’ approval in 2012, however, cases of dangerous side-effects associated with both drugs are continuously being reported to the FDA. The various harms already linked with both drugs include cardiovascular damage, memory loss, attention difficulties, language problems, depression, hypoglycemia or low blood sugar, reduced heartbeat, hematological changes, valvular heart disease, painful erections, and so forth.

In the hope of lessening those being injured by either Belviq or Qsymia, the drugs have been advised not to be taken by pregnant and nursing women. For Qsymia, specifically, people: with overactive thyroid or glaucoma; who are allergic to phentermine or topiramate; or, taking a monoamine oxidase inhibitor (MAOI), an antidepressant drug, should not take it. Belviq, meanwhile, should not be taken by individuals: with a deformed penis; suffering from multiple myeloma, leukemia, or sickle cell anemia; or using medication for valvular heart disease, like Cabergoline (Dostinex), and medicine for depression, migraine, common cold, and psychotic, mood or anxiety disorder.

Besides enumerating the possible side effects of Belviq and Qsymia, the website of Williams Kherkher also mentions the legal options the drugs’ victims can take and the importance of seeking legal help immediately, so as not to delay the possibility of receiving compensation from the drug’s manufacturer, whose specific product caused the harm.

Pottery’s Role in Building Civilization

Posted by on Aug 1, 2014 in Pottery | 0 comments

The discovery of pottery played a crucial role in the development of human civilizations throughout the world. What may be the world’s oldest pots were discovered in caves in China a few years ago. These pots have been carbon dated to be as many as 18,300 years old, a solid millennium older than the pots who previously held the record.

Aside from the astounding age of these pots, the mere fact that they existed at all is a crucial development in human mastery of the earth and water. Creating pottery requires knowledge of a host of natural phenomena, and leads to a score of more advanced developments. A civilization that can make pottery necessarily understands how to make clay, which is a base form of manipulating everyday chemicals. Such a civilization has also discovered that heat causes moisture to evaporate, though they probably didn’t have such a scientific understanding of what was happening behind the scenes.

Aside from enabling people to hold liquids, which is a massive advancement in and of itself, claywork and pottery gave human creations a sort of permanency. This idea then extends to making sculpture, shelter, and then monuments. Human accomplishment starts small and then grows exponentially.

BP Oil Spill Claims

Posted by on Jun 24, 2014 in The Oil Spill | 0 comments

Four years after the BP oil pill in the Gulf of Mexico, the battle for compensation and fair settlement is still raging on, especially for those who have suffered because of the devastation. Many of those directly affected – those who live near and around the Gulf area – are already fed up with the BP Company’s claim that the oil crisis is over. Many residents who have businesses and depend their livelihood on fishing around the Gulf area have been upset with the uneven compensation given to them.

There are claimants that are happy with the compensation package they have been awarded, but a number are angry as BP is now challenging the conditions for compensation claims. Many have also reported and are irate over BP’s portrayal of the impact of the oil well explosion, contradicting the oil company’s allegation that the Gulf has been fixed. BP has issued a statement that discrepancies stated against them have no scientific basis and studies conducted have proven the safety of the water.

Claims for lost income and property damage have been easier for large businesses and individuals as compared to smaller companies or start-ups who do not have detailed accounts. However, BP has asserted that their settlement program has been too generous in some cases. Yet, the settlement has not given compensation to everyone affected. Only about 20 out of more than 3,000 claims have received compensation so far.

BP has recently won a court battle to limit who qualifies for compensation payouts. In order to have a better and claim for compensation, find BP oil spill lawyers who will represent your case in court effectively.

Are You Living on Buried Treasure?

Posted by on Jun 22, 2014 in Minerals | 0 comments

Mineral rights refer to landowner’s rights to earn a part of the profit from any type of minerals that could be extracted from the land. It generally describes the landowner’s rights to reap the benefits in a number of ways from the resources found in the ground. The mineral rights are applicable to every type of resources – metals and ores, gases and oil, and any other raw materials.

The landowner is also given the right to either profit from their mineral rights or to sell them. Because of the difficult and complicated process needed to extract the minerals from the ground, many landowners would allow oil and mineral companies to do the extracting in exchange of royalty income from the revenue the mineral brought it. There are several ways a landowner can profit; they can be sold directly, leased or developed. It all depends on the needs and wishes of the landowner.

When landowners choose to sell their mineral rights, it may be more helpful to have someone help with the legalities of the selling. According to The Mineral Auction, what complicates the process of selling mineral rights is that once they are bought, the buyer (and all possible future buyers) will be given the right to abuse the property. This could be a problem for the seller as well as other future owners. Others who buy mineral rights also have aims of simply being middlemen – wishing to invest on the property while act as property brokers to mining companies in order to gain a higher profit.

Mining companies that buy mineral rights also purchase the right to enter the land and remove the resources, taking any authority from the property owner to decide when to begin mining the resources or the process of how it will be done, as well as how the area will be restored. It may even take years for mining companies to begin operation, by which time other people may have to deal with the transaction you have made with them.

As The Mineral Auction advises, it takes a certain amount of knowledge, patience, and skill to have a profitable negotiation when it comes to selling mineral rights. When you believe that you don’t have all of these abilities, it would be better to find someone who does, like a lawyer or firm that knows how to legally deal with these business and ensures that your rights are protected as well. It would be wiser to hire a lawyer to help with the business negotiation than to lose money in the long.