It is frustrating to know that, despite the responsibility of all those connected in the chain of product distribution (such as manufacturers, suppliers and retailers) to provide customers only with safe and functional products plus the existence of the Federal Trade Commission’s Bureau of Consumer Protection, which is tasked to ensure product safety, defective products still find their way in stores and get sold to unsuspecting consumers, many of whom suffer injuries through such products’ use.
Due to the harm suffered by consumers thousands of lawsuits against manufacturers and/or distributors get filed in courts all across the US every year. According to attorney Ali Mokaram from The Lopez Law Group, these lawsuits may be based on any of the following issues:
- Manufacturing error: manufacturing plants have quality assurance personnel whose job is to make sure that every product comply with company and industry standards. However, there are instances when manufacturing accidents occur, so that the outcome either deviates from the actual design intended by the manufacturer or some properties of the good produced end up different compared to others in the same line. While the defect may, indeed, harm the user, during a tort or personal injury lawsuit, proving that the defect actually caused the injury is still required of the victim.
- Flawed design: instead of just a certain part being defective, an error in design will include the whole line of products which are actually made correctly but with harmful flaws (a classic example of this is the US Transport authorities’ very recent recall of 2.12 million vehicles from some of the world’s biggest car makers due to faulty airbags that can accidentally deploy even while the car is running.)
- Inadequate warning or misleading product label: manufacturers are required (by law) to make sure that their product’s label clearly spells out: any danger associated with product’s use; product use instructions; and, the correct ingredients of the product. The product, through its label, should neither make any claim that has not been proven scientifically nor should it inaccurately identify the product’s real contents (like stating evaporated cane juice instead of refined white sugar in order to entice millions of consumers suffering from type II diabetes, coronary artery disease, hypertension, or obesity).
While it is true that some accidents are unavoidable, many more are due to acts of negligence and, therefore, totally preventable. After having established negligence as the cause of personal injury, the liable party, under the law, is obliged to compensate the victim for all present and future damages resulting from the injury.
Though Chapter 7 or liquidation bankruptcy is the bankruptcy chapter most commonly applied for by individuals to save themselves from overwhelming debts, this would not be the right chapter for those who fail the means test (this test determines if an applicant’s salary is within the limit set under this specific chapter). Another chapter, however, may be right for them: Bankruptcy Chapter 13.
Chapter 13 of the U.S. Bankruptcy code, otherwise known as Wage-earner’s Plan, Repayment Plan, or Debt Adjustment, is a reorganization or restructuring type of bankruptcy that allows debtors to propose a three-year payment plan through which they may settle all their debts (with the permission of the court, this plan can be extended up to five years).
The restructured payment scheme is intended to make debt payments more affordable for debtors; this method also no longer requires the debtor to surrender any of his/her assets and properties for selling. For those who run a business, specifically sole proprietors, they can continue operations and earn profits, which they can use to pay off their debts.
Debtors, who voluntarily file Chapter 13 bankruptcy, are protected by the “automatic stay,” a court order that stops creditors and collectors from making any attempt to ask debtors for payment. This means cessation of all phone calls, emails, text messages, letters, lawsuits, attempts to foreclose or repossess any of the debtor’s assets and properties, as well as prohibition from petitioning the court to levy a debtor’s bank account or have a part or all of his/her wages garnished.
Besides the automatic stay, chapter 13 bankruptcy has other benefits, including the possible reduction of the loan amount itself (from the value of the principal loan down to the market value of the loan collateral) and the discharge of some debts, which would be retained had the debtor applied for chapter 7 instead. Among those considered as dischargeable debts are penalties and fines payable to the government (except criminal fines), retirement account loans, debts that were denied discharge during a prior filing of bankruptcy, debts resulting from divorce or separation proceedings, debts incurred due to payment of non-dischargeable tax obligations (such as the debts acquired from the use of credit card in paying taxes), debts resulting from the willful and malicious damaging of someone else’s property (this does not include personal injury cases), and condominium or homeowners association (HOA) dues (these dues, however, have a lien on a debtor’s property. This means that, despite the discharge, the debtor can still lose his/her property; thus, it is imperative that these dues be paid continuously).
Filing chapter 13 bankruptcy and understanding fully well its advantages and possible consequences can definitely be better with the help of an exceptional bankruptcy lawyer. According to the Bradford Law Offices, PLLC, “Chapter 13 bankruptcy provides an amazing opportunity.” Besides allowing you to “pay off your creditors over the course of three to five years,” Chapter 13 also allows you to:
- Propose a repayment plan that works for you:
- Save your home from foreclosure;
- Reschedule your secured debts;
- Make a single payment; and
- Stop harassment from creditors.
A seasoned Chapter 13 bankruptcy lawyer may be able to help you understand more everything about this bankruptcy chapter, as well as understand if this is the right chapter that will work for you.
Expunction refers to a legal process where individuals can have their criminal records cleared in. In a perfect world, those with criminal records that have properly served their mandated penalties and obligations should be able to go back living their old lives. Unfortunately, this isn’t always the case. Many individuals continue to find it difficult to rebuild their reputations after receiving a criminal charge or conviction due to extreme prejudice.
Fortunately, the Texas Code of Criminal Procedure provides leeway for these individuals, giving them several options so they may be able to be free of any stigma about having criminal records. The first option is called expunction, and it’s available for individuals that were found not guilty or were acquitted of a criminal offense. Particular circumstances that may allow you to qualify for expunction include the following:
- Getting charged of a criminal offense that was eventually dismissed;
- Getting convicted for a criminal offense but was eventually pardoned;
- Getting convicted for a criminal offense but was later found to be innocent.
The court may also have to look into the specific circumstances of your case in order to qualify for criminal record clearing in Dallas and other places in Texas. For example, individuals that were convicted of Class A, B, or C misdemeanors might still be able to file for expunction as long as they wait out a specified time period before pursuing their petition. Those found ineligible to file for expunction could instead try petitioning to have their criminal records sealed from the public through an order of non-disclosure.
Starting over after receiving a criminal offense can prove to be an uphill battle. Having the tiniest blip on your record could prove to be an impediment from pursuing new employment, education, and financial opportunities. Fortunately, the law provides recourse for these situations. If you think that expunction may help in your rehabilitation, contact an experienced lawyer to learn more about your available options.
The worst consequence of getting involved in an accident without auto insurance, getting your driver’s license suspended or revoked, or being cited for: driving under the influence (DUI); reckless driving; three moving violations in just one year; and driving without auto liability insurance, is getting required by a court to carry an SR-22 filing.
An SR-22 is a certificate which your car liability insurance provider will send to your state’s Department of Motor Vehicles (DMV), informing this agency that you are covered and, therefore, has the financial capability to compensate anyone who you may injure or whose property you may damage in an accident wherein you are at fault (compensation, of course, will not be paid by you but by your car insurance provider).
If you already have insurance coverage prior to being required to carry an SR-22 filing, all you need to do add the SR-22 filing in your insurance policy. However, if you are uninsured, then before you can file an SR-22, you will first need to purchase a car insurance policy.
If you are uninsured and chose to drive without insurance because you find car insurance too costly, then an SR-22 requirement can definitely hurt. First, because an SR-22 will make your car insurance policy still more expensive. Second, because this usually lasts for three years, but can be extended by a judge to five years if you had been required to file it due to a DUI offense. This means paying higher premiums (which you have tried hard to avoid) for three or five years. Third, there is an an SR-22 filing fee (the fee varies by state, but usually falls between $15 and $25).
An SR-22 is the only thing that can immediately lift the suspension or revocation of your driver’s license. To continue enjoying your driving privileges, you should never lapse in paying your insurance premium or cancel your insurance coverage altogether, otherwise, your car insurance provider will notifying your state’s DMV about the cancellation of your insurance coverage (since this is one of its legal obligations); this will result to your license getting suspended or revoked again.
According to the website of Second Gear Magazine, even if you had been required to carry an SR-22 filing, finding the policy that will provide you all the coverage you need at a rate that fits your budget is just a phone call away or just requires a few clicks on your computer keyboard.
Independent car insurance firms exist to protect the interests of customers who need to be insured. By providing customers with free online insurance, as well as SR-22, quotes, customers are able to compare policy coverage and prices from a wide range of insurers. Compare, choose and purchase the policy you need and get your insurance ID card instantly via email; this is the same if you need to file an SR-22.
When elders reach a phase in life where more thorough care and assistance are needed, it might be time for the family members to consider moving them into assisted living facilities, according to SeniorAdvice.com. Throughout the years, there is a misconception on what assisted living really is. It certainly is not “locking up” the elderly in a care home, as most people perceive it to be. Assisted living is a community where the elder is helped by the staff in doing their daily activities, such as eating, bathing, and many more. The elderly does not have to be severely ill to be living with assistance. In fact, assisted living is more like an vibrant alternative to the confined nature of staying at home, since it is generally a difficult feat for the elder to move around, go out of the house, and live a normal and fulfilling life at their old age. So, what really are the concepts behind assisted living?
First and foremost, it should be defined what assisted living is not – a nursing home. Assisted living homes do provide medical care, but only minimally. Assisted living facilities do not have in-house nurses and doctors and are not for illness treatment. Elders with dementia or Alzheimer’s disease (and without serious medical requirements) are sometimes placed in assisted living because of sundowning, a case where they manifest agitation and confusion late in the day. They would generally need more assistance during that time, and assisted living homes provide and specialize in these services.
Assisted living facilities also have homey centers where the seniors could gather and socialize with each other and feel that they belong in a community. This is one feature of assisted homes that may be a difficult task if the elders stay at their own houses. Transportation is also another feature of assisted living. Elders who need to get to places such as shopping centers and hospitals but are not capable are serviced by the homes as well.
Essentially, as mentioned above, assisted living aims to make the senior feel that his/her life is “normal” and easier despite the complexities that are associated with old age. According to the Assisted Living Federation of America (ALFA), each state provides unique regulations for the senior care industry.
Dehydration and malnutrition are just two terrible types of neglect found in nursing homes. Nursing homes are meant to provide care for an aged family member. When this isn’t the case, the nursing home or individual accountable for damage inflicted should be vigorously pursued for financial compensation. Their wrongdoing should be taken notice, and this compensation should be a supply of justice for the household of the stricken.
Malnutrition is a leading cause of negligence. Frequently in nursing homes, residents are unable to eat without help. In the case a nurse doesn’t help them or there aren’t enough nurses to provide for most of the residents, occupants may suffer from malnutrition. Furthermore, in the event the meals are not providing essential proteins, minerals, and vitamins, or they are served in quantities that were inadequate, elderly are negatively affected. Signs that indicate malnutrition are weight loss , weakened muscles, and debilitated organ functionality.
Another kind of neglect is dehydration. Sadly, this can be among among elderly in nursing homes. Some occupiers are fully dependent on their caretaker; they have to request water or it must be constantly provided by the nurse. If someone displays continuous desire, headaches, dizziness, confusion, or fatigue, they can be affected by dehydration. According to the website of Crowe Mulvey, hazards of dehydration include heat injuries, convulsions, kidney failure, surprise, or brain swelling.
No person ought to suffer from the carelessness of the effects of dehydration or malnutrition because of another. The job of nurses is to take care of their residents; failure to do so ends in severe deterioration of elderly health. Any instance by which an individual or nursing home facility has caused occupants to be affected, they should be held accountable because of their dreadful wrongdoing.
When a traumatic brain injury occurs, doctors declare the level of severity through determining a patient’s score on the Glasgow Coma Scale. The scale is a three part tests that measures motor, verbal, and eye opening responses of the injured. Within each section, points are given to the patient based on their condition.
The motor response section of the test gives up to six points. Points given are based off of the patient’s demonstrated condition: one for no response, two for extensor response, three for abnoral flexion, four for withdraws from noxious stimuli, five for localizes to noxious stimuli, and five for obeys command fully.
Secondly, the patient can receive up to five points for their verbal response. From one to five, they are no sounds, incomprehensible sounds, inappropriate words and jumbled phrases consisting of words, then confused yet coherent speech, and alert/oriented.
Lastly, eye opening is tested on a four point basis. One point is given to no eye opening, two for eyes open to pain, three for eyes open to speech, and four for spontaneous eye opening.
Once points are determined per section, they are added together. Doctors use the total number of points to determine the level of conciousness, which translates to the patient’s level for survival. A mild state is declared for a total score of 13-15, moderate disability for 9-12, severe disability for 2-8, and vegetative state for less than 3. If the vegetative state lasts longer than one month, a permanent vegetative state is declared. The most severe level for a patient’s outcome is when they are declared brain dead, meaning they lack all brain function.
All traumatic brain injuries can be measured on the Glasgow Coma Scale. Once the level of consciousness is determined by a doctor, procedures to take can ensue.
Mesothelioma is a fatal cancer caused by the exposure to asbestos fibers. Asbestos exposure is common in jobs such as construction workers, shipyard workers, miners and veterans as asbestos was commonly used in building materials and other products. Although the number of ways you can be exposed to mesothelioma, the disease itself is still rare and under researched. Due to this, there is not a reliable cure for mesothelioma and a number of treatments are still being tested.
Before considering treatment options for mesothelioma, after being diagnosed, it is important to find a trusted doctor that is right for your case. The choice can be affected by the stage at which the cancer has progressed, the location of the cancer in the body, and overall age and health of the patient.
If the cancer has not spread outside the chest, surgery can be an option for some patients. Mesothelioma affects the lining of the lungs and the surgery either removes the tumor or, in more serious procedures, parts of the lung itself is removed. Most long term survivors of mesothelioma undergo one form of the surgery undergoing radiation after the procedure. Although higher survival rates can be a result of the surgeries, many risks are associated with it. The complication rate of the surgeries is high and can even cause death in the patient. The surgeries do also not guarantee that the tumor will not grow back with some patients’ reappearing after the surgery was performed. It is a risky procedure but as many patients experience success, some of those diagnosed with mesothelioma see this as a viable treatment option.
Chemotherapy and radiation are a common treatment option for those diagnosed with mesothelioma. Chemotherapy uses oral or infusion based medication to kill cancerous cells in the body. The medication may also be directly infused into your lungs, abdomens, or other affected parts of the body. Although it does not provide a cure for mesothelioma, it is associated with a longer survival rate in patients. Radiation is another treatment option that is still being explored and tested for overall effectiveness. Both chemotherapy and radiation do not cure mesothelioma but improve quality of life and pain in the patient. View this website to learn more about mesothelioma and treatment options…
According to American Motorcyclist, there is no overall best motorcycle. When searching for your ideal bike, you must first figure out what you intend to use it for. Someone that enjoys easy riding will need a different bike than someone who wants to go hog wild. Here are some recommendations for you to make an informed decision about which motorcycle is right for you.
A standard is a bike for those that want to do a little bit of everything. These motorcycles make you feel more comfortable and like you have a better sense of control of the bike. Their tip-overs tend to also be less costly. For new riders, be wary of some of the larger standards. They can exceed 100 horsepower, which can sometimes be a lot for an inexperienced rider to handle.
If you want a motorcycle with speed, a sport-bike is right for you. They are usually lighter than other types of motorcycles, making them easier to transport. However, because these bikes are built for speed, their insurance runs higher.
Cruiser bikes are great for people who want a relaxed, smooth ride. These models have low seats and a low center of gravity. Although this is a preference for many people, for new riders the positioning may create some awkwardness at first.
If you want to road trip with your motorcycle, a tourer is your kind of bike. Tourers are comfortable and are made to combat the weather. They also come with integrated luggage to store your belongings in. Tourers are, however, more expensive, but for those that see their distinctive qualities as necessities they are worth the price tag.
Although riding motorcycles is a fun and popular hobby, it is not without risk. A personal injury attorney in Louisville can explain that since motorcyclists have very little to protect them in accidents, their injuries tend to be worse than those involved in regular car accidents,
Clinical trials are supposed to be carried out for any kind of drug before they are sold to the public to determine if they are safe for use, not after. They are also designed to identify certain classes of people or conditions which will be adversely affected by it. This is true for over-the-counter medication and prescription drugs, and it is the responsibility of the drug manufacturer to carry them out. In most cases, the Food and Drug Administration (FDA) will require these trials prior to approval for use for specific conditions.
In the case of the anti-emetic drug Zofran (ondansetron) produced and marketed by GlaxoSmithKline (GSK), the drug company carried out clinical trials that showed it was highly effective for suppressing nausea associated with chemotherapy, radiation therapy, and post surgery. However, the clinical trials presumably did not go far enough, because recent studies show that it could increase the risk of developing heart arrhythmia. And that isn’t even the biggest problem. The problem is with its off-label use to treat severe nausea and vomiting of pregnancy (NVP). Zofran has been associated with causing birth defects.
Studies were undertaken to prove it one way or the other. The results, however, are maddeningly vague. There are “indications” or “failed to find” results that instead of clearing up the matter for the public, merely muddy up the waters. According to Williams Kherkher’s website about the Zofran lawsuit, it falls on affected patients to come forward and tell their stories in order to gather evidence that will prove the drug does cause birth defects.
GSK has already been made to pay for encouraging the drug’s use for NVP although it was not approved for that purpose by the FDA. However, because GSK insists that Zofran is safe for pregnant women and studies show conflicting results, women continue to be prescribed with the drug for NVP.
If you have been prescribed with Zofran for NVP, and you child had birth defects, you may be able to help. Contact a Zofran lawyer in your area to add your voice to women who have been similarly harmed.