Ways to Mitigate Bicycle Accidents

Posted by on Apr 19, 2016 in Car Accidents | 0 comments

The AAA’s Bicycle Safety tips highly advise all bicyclists of all age to protect themselves by wearing a helmet during rides, but there are also other ways for bicyclists to possibly prevent catastrophic injuries in accidents that often translate to hefty financial loss.

According to the website of the Cazayoux Ewing Law Firm in Louisiana, some states, like Louisiana, have created several laws to protect bicycle enthusiasts from other vehicles while on the same roadways. Protective bicycle helmets are enforced to bicyclist children age 12 and below. According to the National Highway Traffic Safety Administration (NTHSA), bicycle crashes and injuries are lessened by wearing properly fitted helmets for children and older bicyclists. Vehicle drivers are required to exercise due care when passing or overtaking a bicyclist who is going to the same direction. Dooring laws are also created to prevent bicyclists from accidentally crashing open doors of vehicles. Though state laws are created, bicyclists can do other things to possibly protect themselves from serious or fatal injuries.

Aside from helmet use, bicyclists may also wear other protective gears like eye protections, hand gloves, shoes, or padded shorts to possibly lessen impact injuries during crash. Before going out for a ride, make sure that all bicycle parts are properly working and check for any parts that are unusually loosen. Bicycle parts like brakes, cables, wheels, or the frame itself should be thoroughly inspected before use. Bicyclists should also use lighting accessories for them to be easily seen by other vehicles while on the road especially when riding during night times.

In unfortunate situation that a bicyclist has been injured in a vehicular accident, it is important that he or she should consider working with a skilled personal injury lawyer. Bicyclists who suffered brain damage or concussions in accidents may consider filing for damage claims. In some states, bicyclists who have been injured in accidents may possibly get treatment funds even if they are at fault in the accident.

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Emphysema: Its symptoms, causes and diagnois

Posted by on Nov 6, 2015 in Medical Dangers | 0 comments

Emphysema is a lung condition that occurs when the lung’s air sacs (alveoli) are damaged. Air sacs are where gas exchange occurs. When air sacs are damaged, bloodstream may carry in less oxygen, compromising the body’s oxygen supply. According to Healthline, approximately 4 million people were diagnosed with emphysema in 2008.

Smokers are most prone to emphysema. But they are not the only ones that could develop this disease. People who are constantly exposed to second hand smoke and are living in areas with poor air quality may also develop emphysema. Unfortunately, some car manufactures couldn’t care less about the air we breathe. In fact, the website of the Driscoll Law Firm says that Volkswagen deliberately installed software in its newer line of diesel cars to circumvent federal emissions tests.

Signs and symptoms of emphysema may include the following:

  • Coughing
  • Shortness of breath
  • Depression
  • Unintended weight loss
  • Fast and irregular heartbeat
  • Fatigue
  • Cyanosis, or the discoloration of the lips and the fingernails due to lack of oxygen

In diagnosing emphysema, doctors would have to check first your symptoms and review your medical history. After that, they may recommend some tests to detect emphysema. Imaging tests, such as chest X-rays and computerized tomography (CT) scan, can be helpful in diagnosing emphysema. Blood test may also be helpful in determining the volume of oxygen in your bloodstream. Finally, a lung function test can measure how much air you can breathe in and out, which assesses how well your lungs function.

Although emphysema is a chronic condition, it is not a life sentence. When diagnosed with this condition, there are still many ways on how you can live a normal and productive life. You can do this by avoiding respiratory irritants, such as tobacco and car exhaust, exercising regularly, eating healthy, and keeping away from diseases that may cause lung infections. You may also consider seeking help from different emphysema groups near you for coping and support.

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Symptoms of Mesothelioma

Posted by on Jul 6, 2015 in Medical Dangers | 0 comments

Exposure to the once widely used building material, asbestos, has now been linked to causing the cancer Mesothelioma. Mesothelioma is a fatal cancer that is most commonly seen in industrial workers who inhaled asbestos fibers. Although Mesothelioma is a deadly and dangerous cancer, the symptoms can be hard to spot and are often confused with less serious illnesses.

Common symptoms of Mesothelioma are dry cough and wheezing, chest pain, fever, and weight loss. However, the symptoms can vary based on the kind of Mesothelioma. The most common type is Pleural Mesothelioma and affects is the lining of the lungs and chest wall. The inhaling of asbestos fibers can cause fluid buildup along the lungs. This type is associated with the symptoms of coughing, reduced chest expansion, shortness of breath, and pleural effusions, which is the buildup of fluid between the tissues that line the chests and lungs. These symptoms can all occur at once, but usually occur in small stages, leading to individuals not raising alarm at them.

Another kind of Mesothelioma is Peritoneal mesothelioma which affects the lining of the abdomen. Individuals suffering from this experience abdominal swelling, loss of appetite, weight loss, hernias, and fatigue. Although less common than pleural mesothelioma, this kind can be just as fatal.

According to the website of Williams Kherkher, pericardial mesothelioma is one of the rarest forms of mesothelioma and affecting the lining of the heart, thickening it. Symptoms include difficulty breathing and chest pains.

Testicular mesothelioma is the rarest form and can be the hardest to detect, as the only common symptom found is a lump in the testes. There is no other recognized symptoms of this type of mesothelioma.

Although there are symptoms of mesothelioma, they are often misdiagnosed by doctors not used to dealing with mesothelioma. It can be misdiagnosed as bronchitis and pneumonia, leaving symptoms to become worse. Some symptoms may even take years to become serious enough for individuals to suspect something serious. This is one of the reasons the disease can be so fatal to those exposed to asbestos over prolonged periods of time.

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Injuries because of Medical Mistakes

Posted by on Apr 1, 2015 in Medical Dangers | 0 comments

Many people forget that they are made up of simple bone, muscle, and tissue – all fragile elements wound up together to make human beings. It has been said that people are all equal once six feet under the ground – and it is also true for medical instances as well.

One mistake from a physician could mean a lifetime’s worth of pain and suffering of another. All it takes is a single slip up to completely turn around the life of a person from something with potential to something that they must suffer through until death. That is why doctors and medical practitioners everywhere are expected to act with a certain sense of honor and responsibility whenever dealing with something as precious and irreplaceable as a human life.

Should any medical professional act with negligence towards their treatment of a patient and this negligence has the consequence of injury, that patient is warranted to file legal action for compensation against the guilty party. The website of John Michael Bailey Injury Lawyers says that such actions can have devastating effects on not only the patient’s life but also the lives of those closest to the patient.

For example, if a patient were to undergo a procedure that deals with the brain and the surgeon makes a mistake due to giving the wrong diagnosis (or having his readings be contested by another physician and yet going through with the procedure anyway, or due to another matter entirely), and as a result – the patient is paralyzed. This is a serious injury that the patient must then suffer – and then imagine even more the so the pain to know that that patient was a construction worker, or someone whose profession relied upon movement like ballet dancing or professional driving. Such an incident can garner medical expenses as well as a serious loss of wages. This does not even begin to touch on the psychological and emotional trauma that a serious injury that this can have on a person.

If you or someone you know has been injured due to the negligence of a medical professional, do not hesitate the contact a professional legal expert immediately, in order to know your rights and best next move after such an incident.

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Elder Abuse

Posted by on Feb 22, 2015 in Elder Abuse | 0 comments

Elder abuse can take on many forms, with physical abuse being the most common and often noticeable form. Because of their fragile physical and mental state, many elders that are either in nursing homes or are living on their own, become victims of abuse. One of the most common yet not well-known forms of elderly abuse is financial exploitation. The website of the Ausband & Dumont Law Firm says that although it is rampant, this type of abuse has not been well documented. There is reportedly an estimated 5 million cases of elderly financial abuse in the United States every year, but the sad news is that cases such as these are only reported 1 in every 25.

What makes these elderly people vulnerable to financial fraud can be attributed to a number of factors, all of which are taken advantage of by scam artists or people of ill nature. People who take advantage of the financial state of the elderly are often looking for those who are generally isolated, those who have recently become a widow or lost their partner, the elderly suffering from a physical or mental illness, and those who are not familiar with handling their own finances. Although most of the scam artists are strangers to the victims, even those who are close to the victim can commit the financial abuse. These people include family members and friends, lawyers, accountants, real estate agents, bank representatives, and even nursing home workers. It is difficult to catch these people because they often make the transactions appear legal, and often result to manipulating the elderly to give them the money.

Despite being a new and still evolving law, elder law is made to protect the elderly from any type of abuse. Furthermore, many states have their own laws regarding the protection of the elder’s money and property, and anyone who is proven to have illegally or falsely used an elderly’s finances or property will be charged since this is considered a crime.

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Earthquake Strikes Wine Makers Hard

Posted by on Sep 19, 2014 in Wine | 0 comments

A recent earthquake in California left vineyard owners crying over spilt wine. The seismic shrug, the hardest that has occurred in the area in the last quarter of a century, struck wine-center Napa Valley the worst. To add insult to injury, the area was just on the brink of bringing in an early harvest to stave off damage done by the worst drought to strike in decades.

Aside from direct property damage, the 6.1-magnitude earthquake resulted in the injury of more than 170 people and started several fires. It is estimated that the quake would eventually total up a bill of more than a $1 billion once the dust settles.

California is prone to earthquakes because there are more than 100 active faults running through the state; it lies squarely in the path of the Mendocino Triple Junction, San Jacinto and San Andreas fault line, the last of which is where the Pacific and North American Plate rub shoulders in a horizontal motion (also known as a right-lateral strike-slip in geological terms). These faults have been there longer than Californians have been around, so earthquake damage is an eminently foreseeable, even inevitable event. And yet according to the California Earthquake Authority, only an average of 1 in 10 residents in the state has coverage for earthquake-related property damage. In the Napa Valley area, where the most recent earthquake struck hardest, only 6% of residents had earthquake insurance coverage.

This could partly be due to the fact that earthquake insurance coverage is not required of property owners, and it can be an expensive rider to the typical homeowners’ insurance, averaging out to about $860 a year. It may also be because the infrequency of major event lulls residents with a false sense of security; thousands occur every year, but most are so small that they are hardly felt. The most expensive earthquake in US history occurred twenty years ago in Northridge (6.7-magnitude), a community in Los Angeles, California. Between the Northridge and Napa Valley events, 28 notable earthquakes occurred, ranging in magnitude between 4.4 and 7.2, many of which occurred in remote or unpopulated areas, minimizing the damage.

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The Forum Selection Clause in case of Cruise Ship Accidents

Posted by on Sep 12, 2014 in Vacations | 0 comments

It is an incontestable fact that spending a holiday vacation in an exotic destination is a perfect treat for any individual, much more if the travel is made on board a cruise liner. Sea travel has never been truly more fun and exciting since after 1980, when the cruising industry undertook improvements, which included construction of bigger cruise ships and the addition of more features and facilities that will make even the stay on the ship itself an experience worth repeating over and over.

While many cruise liners now can accommodate up to 3,000 passengers on a single travel, some have been designed big enough to house between 4,000 and 6,000 guests. And the facilities, well, depending on how big the ship is, some or all of the following may be enjoyed by the passengers:

  • Tax and duty free shops
  • Bars, pubs and nightclubs
  • Hair and beauty salon
  • Aqua healthspa fitness
  • Gym, basketball courts, pool tables, ping pong tables, and other sports facilities
  • Casino
  • Cinema
  • Indoor and/or outdoor swimming pool with water slides
  • Buffet restaurant
  • Library
  • Boot camp
  • Internet and email access
  • Medical centers staffed by registered nurses and doctors

But, while each passenger is guaranteed to have his or her share of fun and excitement, the question regarding safety while on board and during cruise ship excursions, continues to be a major issue. This safety issue can very well be considered as the major reason for the passing of the Cruise Vessel Safety and Security Act of 2010, also known as the Cruise Passenger Protection Act – to protect the millions of passengers (annually) who spend time out in the high seas on board cruise liners.

Cruise ship accidents can be due to natural or human reasons and these may happen on board or off it, specifically during shore excursions and related activities (outside of the ship’s premises), such as zip line, scuba diving, parasailing, jet skiing, shopping and dining on land, tours and visits to islands, archaeological explorations and others. When a passenger gets injured off board, however, he/she can be faced with a lot of complicated issues, such as where to file a complaint and the allotted time (statutory period) for filing the complaint – this is besides the complex issue of who should be the recipient of the lawsuit, the owner of the cruise liner or the owner of the company (if separate) that provided the tour.

Since majority of cruise lines state in their cruise-ticket contract a forum selection clause, which is a stipulation of where maritime lawsuits ought to be filed in the event of an injury (which is the U.S. District Court for the Southern District of Florida), this means any lawsuit should be filed only in this court, regardless of the territory where the accident took place, the port where the passenger boarded the ship, or where the injured victim resides.

The Vucci Law Group, P.A., which is composed of experienced legal professionals with extensive experiences in handling cruise ship injury cases, would able to help victims address all legal concerns as well as provide a good argument that will uphold victims’ rights and interests.

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Types of Easement in Texas

Posted by on Jul 4, 2014 in Finances | 0 comments

An easement is defined as the legal right of an individual to use a certain portion of another individual’s property for a particular purpose. Easement laws differ from state to state, but in general there are four major types of easement: utility, private, prescriptive, and easements of necessity. As explained on the website of Gagnon, Peacock & Vereeke, P.C., determining the nature of the easement is often the subject of dispute because easement law is poorly-understood by most people.

Utility easements are usually built into a title to provide access to utility companies and the government as needed. Private easements are when the property owner sells a part of the property to another person for a particular purpose, such as a private sewer easement. Prescriptive easements, on the other hand, are the open, persistent and continuous use of the property for a particular purpose for a prescribed period of time. Easements of necessity, as the term implies, are when an individual has no choice but to go on another person’s property, such as to gain access to their own property. This is sometimes called right of access.

Another type of easement which can be quite devastating to a property owner is adverse possession. It is possible for a trespasser to acquire a legal right of ownership over a property if the occupancy is without permission, exclusive, and continuous over a prescribed period of time, usually the same as for prescriptive easement. However, acquiring a prescriptive easement does not confer legal ownership to the user, nor does it require the user to pay property taxes.

In many cases, the property owner has no choice or has given permission for a particular use of the land, but retains control and ownership of the property when it is not being used for the prescribed purpose. Disputes arise when property owners feel that the trespass or easement is illegal, and the situation is frequently complex enough to require the knowledge of a real estate lawyer to sort it out during mediation or in court.

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The Young and Car Accidents

Posted by on Jun 29, 2014 in Car Accidents | 0 comments

News flashes about car accidents are everywhere, and some are pretty horrific. In Texas, an 8-month-old in a stroller was killed when a car crashed into a pickup truck while making a left turn at a little after 9 in the morning.  In California, an impaired driver killed two adults and two children while in Iowa, a collision between a car and a motorcycle resulted in the death of the motorcycle operator and serious injuries to the passenger.

It is no wonder, really, as vehicular accidents account for 22% of deaths in the US, and is the leading cause of death for Americans between the ages of 5 and 34. In Houston, another child died in a hit-and-run, this time while a passenger in a car, when a driver lost control of his vehicle and hit the car and a pickup truck. The hit-and-run driver when found will not only face Houston car accident lawyers for civil litigation but also the state prosecutor for serious criminal charges.

Despite the serious consequences of car accidents, it seems that people continue to underestimate the potential dangers of being on the road as a driver or as a pedestrian. As pointed out on the website of The Seegmiller Law Firm in Irvine, the costs of car accidents extend further than medical expenses, loss of income, and physical disability; there are often deep and long-term emotional and psychological issues that radiate beyond the victims. In Irvine, 4 high school students died when the vehicle they were in hit a tree and caught fire on Memorial Day, and the event had a deep impact on all their families and friends.

Two more teenagers were involved in a single vehicle crash in Cedar Rapids, this time with a telephone pole, resulting in serious injuries. Depending on the results of the investigation and severity of the injury, the 19-year-old passenger hurt in the crash may have to consult with a Cedar Rapids personal injury lawyer to recover damages from the driver’s insurance company.

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Other Construction Site Accidents

Posted by on Jun 27, 2014 in Car Accidents, Construction | 0 comments

It is common knowledge that construction sites are dangerous places for workers because of the nature of the work. It is one of the most prevalent causes of debilitating injuries, on par with car accidents. According to the website of TN lawyer Pohl & Berk, LLP, there are times, though, when these two factors combine and result in a whole new set of dangers for construction workers and motorists alike.

Road construction work zones spring up whenever maintenance or repair work is needed, and this usually entails elaborate precautions such as warning signs and hazard lights. This is because unlike other types of construction work, roads cannot be closed off while the work is ongoing, so vehicles continue to pass. Unfortunately, construction crews sometimes fail to provide adequate warning signs, drivers fail to observe these warning signs, or drivers choose to ignore them, leading to one work zone accident every 14 minutes in the US. A majority of the total work zone accidents occur during the day. Lots of roadway repair projects are done over the summer months, so it is important that people observe extra caution during those months to reduce the risks of harming a road worker.

While a majority of these construction site accidents involve property damage only (69%), a significant number entail injuries (30%), and some fatalities (546 in 2010).  Most of those injured were construction workers. For 2010, for instance, 20,000 out of the 37,476 injured were members of the road crew.

The number of work zone accidents is directly proportional to the number of work zones in an area. A state like Massachusetts, for example, whose road conditions are not top of the trees, road work crews are quite frequent in the major roads of the state. This may mean more work for Massachusetts car accident lawyers, but hopefully just for property damage.

However, for those who are seriously injured or killed in a road construction site accident, it would be a complex issue to prove causation in order to get compensation. It is recommended that in such situations, competent legal representation experienced in personal injury or wrongful death cases is retained to handle it.

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