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Grounds For Filing A Domestic Violence Lawsuit

Posted by on Aug 19, 2016 in Domestic Violence | 0 comments

One of the reasons that marriages come to an end is when the relationship has become violent and chaotic. When one of the spouses inflicts physical or emotional harm to the other, domestic violence sets in and could lay the foundation for divorce or legal separation. The website of Horst Law defines domestic violence as any alleged assault that occurs between individuals who are married, living together, dating, having sexual relationships, related by blood, or through marriage.

Domestic violence is both a criminal and civil liability. Since it is a form of injury, a victim of domestic violence can file also file a case in a civil court. Tort laws provide civil legal remedies for people who suffer an injury caused by another individual. One common misconception with domestic violence cases is that once a person has been tried in a criminal court, they cannot be charged in a civil court for the same case. Being tried in a criminal court does not mean the defendant cannot be tried in a civil court.

In the past, family members were not allowed to sue each other for torts. Such prohibition was based on concerns about breaking down the family. However, such reasoning has changed. Now, the courts allow families to file cases against each other on the premise that the family is already broken. In states that allow family members to sue each other, that family member would not be barred from doing so.

Domestic violence cases are usually designed to ensure the personal safety of the suing party. The most common way of guaranteeing the safety of the victim and other members of the family is through a restraining order. These are issued by the court and are granted in every state. It will bar the abuser from coming within a set distance of the victim. Restraining orders may also remove child or spousal support.

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In Search for At-Fault Auto Insurance Coverage

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

Having auto insurance coverage frees you from having to worry about the costs you will incur when involved in an accident. When this happens, you will often find yourself arguing with the other driver as to who was really at-fault. This is a natural reaction after all who would want to pay for the damages of another driver when you cannot pay for your own expenses already.

The truth of the matter is that it is really impossible to determine if you or the other driver is at-fault for the accident. In these instances, you will not know whether your insurance provider or the other party’s insurer will be covering for the expenses that will be incurred in the accident. This is the reason for determining who is at-fault in the accident – to decide which insurance company will pay for repairs and other expenses.

According to the website of Insure on the Spot, insurance companies will only cover a certain percentage of the insurance claim when you get involved in a car accident. If you are deemed at fault and your policy does not cover expenses that will be incurred during at-fault accidents, you will be forced to pay the amount out of your pocket and it could be expensive on your part. However, it will depend on the state where the accident happens if it is no-fault or tort state. Nevertheless, you need to look for insurance cover that will protect you and the other driver when you were deemed at faulty.

In this article, we will look at different kinds of insurance that will help defray the cost for repairs and other expenses if you were deemed at fault in an accident.

Liability Insurance

Almost all states in the United States require you to have a certain amount of liability coverage. This will allow you to defray cost for repairs and medical expenses associated with the accident where you were deemed at fault. However, liability coverage is not enough since it may cause you to pay the expenses with money from your own pocket. Aside from that, it only covers the other driver.

Collision Insurance

Aside from liability coverage, you may also want to consider collision insurance to maximize your coverage during an at-fault accident. This type of policy will cover for repairs and car replacement of your car even if you were at-fault. Collision coverage includes a deductible, an amount you must pay in order to activate your insurance coverage.

Medical Insurance

With medical insurance, it does not matter whether you or the other driver are in a no-fault state. The policy will cover your medical costs and that of other drivers. It will pay for hospital stays, doctor visit, physical therapy and even funeral expenses. If you have health insurance already, medical coverage is optional although it can help pay your health insurance deductible.

Personal Injury Protection (PIP)

Personal injury protection is required by no-fault states. It will help you defray your medical expenses when you are in these states.

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Do I Need A Hysterectomy?

Posted by on Aug 13, 2015 in Dangerous Products, Medical Accidents, Personal Injury | 0 comments

This can be a bit of a hot topic among women who have had the procedure done (or haven’t had it done) as there can be quite a few implications. First of all, you need to make sure that you have all the facts before making a final decision – and for this, you must think as coolly and objectively as possible. Making potentially life-changing decisions born out of fear or anger cannot end well for anyone involved.

First things first, what exactly is a hysterectomy? Well, it is a surgical procedure that involves the removal of a woman’s uterus. If you are getting a hysterectomy due to the growth of uterine fibroids, it might be recommended that a myomectomy procedure is more advisable instead. A myomectomy is the removal of the fibroids, usually so that the woman may still be able to conceive and give birth. A hysterectomy is the removal of the uterus and that would mean that the woman would be unable to have a child after the procedure.

Some women might not wish to have a hysterectomy due to the presumed recovery period that could take weeks. There are some surgeries known including laparoscopic procedures involving morcellators that could clear a patient mere hours after a surgery, but information from the website of the Williams Kherkher Law Firm provides examples of why women may file cases against manufacturers of morcellators (i.e. Johnson and Johnson), stating that the device had then caused them endometrial cancer in order to take out a noncancerous growth from their bodies. It would be worth learning more about the possible risks if you are thinking of morcellation as a means to go by your hysterectomy.

Another fact about getting hysterectomy is that there are many arguments available from numerous sources that state that most women who have gotten procedures of this nature did not need them for a life-or-death kind of situation. It would be the most recommended course of action, then, to talk to a physician about your complaints and condition in order to know if this procedure is the best thing for you to go through.

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Safety Precautions against PCBs

Posted by on May 7, 2015 in Dangerous Products | 0 comments

Polychlorinated biphenyls (PCBs) can significantly affect the life of a person exposed at high levels. The chemical has potential to pose problems through damaging reproductive, developmental, or neurological systems. The toxin is easily diffused, and knowing how to avoid sources of exposure can prove to benefit your health in the long run. Two main sources of contact are through consuming contaminated animals and inhaling contaminated air. With these sources, there are safety precautions that children and adults can implement to minimize or prevent exposure.

If eating fish, it is important to know where the fish came from. Some wild-life advisories will warn people about consuming fish from a certain areas, however this is not always the case. Because some bodies of water are contaminated with PCBs, their fish contract the toxin, and transmit it to humans upon their consumption. This is similar to cows or chickens in the sense that the animals are primarily exposed to PCBs, and then their consumption (particularly of the fatty meat) spreads it to humans. Today, most all humans already have PCB traces in their blood at varying levels. To prevent these levels from increasing, all food should be consumed after considering its origination and health risks.

Secondly, transformers or other electrical products can contain coolants with PCBs. The use of PCBs was outlawed in 1977, however old transformers and electrical equipment still exist. When they leak or are improperly disposed of, PCBs contaminate the air. If the transformer or other product needs repairing, the person working on it is exposed to PCBs. To protect against ingesting contaminated air as a result of transformers, avoid the area where the transformer is, or thoroughly wash your body and dispose of your clothes after close contact.

Prior to the elimination of PCBs, some companies used PCBs in their manufacturing processes. Monsanto, an agriculture production company, is an example of such, and Monsanto PCBs have lead to people’s health being detrimentally compromised. Knowing these strategies will help you avoid exposure to existing PCBs, and will prevent your health from being tampered.

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The Dangerous Effects of Toxic Substances

Posted by on Apr 16, 2015 in Personal Injury, Workplace Dangers | 0 comments

Hundreds of workers in the US get diagnosed with serious health conditions every year – a result of their regular exposure to dangerous substances in the workplace. Many of these illnesses are chronic and malignant, manifesting themselves only when they are already too serious to be cured by any type of drug. The most common types of these serious illnesses are cancer and lung disorder.

The lungs are the organs that are normally affected and easily damaged by toxic substances. The damage, however, depends on the kind of substance a worker has been exposed to. The most common forms of disorders that have been complained about and the kind of substance that caused these include:

  • Chronic beryllium disease or CBD, which is a result of the inhalation of Beryllium’s (a metallic element) fumes or dust. This lung disorder is acquired only by people who are allergic to the Beryllium
  • Pneumoconiosis, also known as black lung disease, is the consequence of the regular inhalation of coal dust
  • Byssinosis, which is developed due to breathing textile fiber dust regularly
  • Bronchiolitis obliterans (BO), also called obliterative bronchiolitis, is a rare, yet, deadly and incurable lung disorder which is a result of the scarring or inflammation of the bronchioles, a small airway branch or a passageway where air is able to pass through the mouth or nose to the alveoli, or lungs’ air sacs. This lung disorder is the result of regular exposure to toxic fumes, which include thionyl chloride, ammonia, hydrogen sulfide, sulfur dioxide, chlorine, diacetyl, and nitrogen dioxide
  • Silicosis, the result of regular exposure and inhalation of silica dust.

It is quite obvious that many workers are still not cognizant of the deadly effects of many different kinds of substances, especially silica. Regular inhalation of silica dust is very common among workers who are engaged in the crushing or breaking of rocks and sands. Due to the nature of their work, many end up with the lethal lung disease silicosis, the inflammation and scarring of the lungs.

Silicosis cannot be reversed. Thus, work, which requires regular exposure to silica dust, necessitates the wearing of protective gears; employers too are mandated by law to provide their employees with the proper education and training on how to keep away from the deadly effects of this toxic element. Any failure on the part of employers or supervisors to ensure that their workers are protected will make them liable for whatever illness workers may develop.

Workers who are, or had been, exposed to silica better make sure of their health condition. Any sign or symptom of silicosis should prompt the affected worker to contact a knowledgeable and experienced legal expert immediately for the possible legal move he or she would want to pursue. Getting in touch with Tennessee personal injury attorneys is a move that the affected worker could consider.

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The Easy way to Sell your Mineral Rights

Posted by on Feb 11, 2015 in Earth Resources | 0 comments

Selling anything is always a stressful undertaking, but especially when it comes to real estate property. Selling your mineral rights goes through the same process as selling any real estate such as a house or a lot. The big difference is knowing what the market value is.

There is no handy reference for mineral rights values. The selling price will depend on many factors such as the type of minerals that may be there and the likely yield based on proved reserves for the area. It will also depend on who the buyer is. Speculators routinely offer low prices because they are not the final buyers; they speculate on likely mineral rights and sell them to developers.

The best thing for you is to find buyers that plan to explore and exploit the mineral deposits. They can usually give better offers because there is no intermediary. However, it is not at all easy to find such buyers as they tend to rely on agents to do the legwork for them.

It will also be necessary to come up with documentation that you actually own the mineral rights you are planning to sell. You can do this by checking with the office of the county clerk or having a private abstracting company do it for you.

Getting all these elements together to sell your mineral rights can be time-consuming and exhausting work, and you are not even sure that you are doing it right. Fortunately, there are companies that specialize in helping mineral rights owners get together with direct buyers where bidding can take place. One of the most reputable companies in Texas does this very well. You can view their website here. Letting a mineral rights auction house do the work for you is the best and easiest way to sell you mineral rights.

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The Potential Side Effects of Medication

Posted by on Feb 3, 2015 in Dangerous Products | 0 comments

Having a child can be one of the most rewarding accomplishments anyone could attain. There are some couples that have trouble even conceiving a child these days, making it more difficult to realize the dream. However, at the conception of the child and the actual having a child – there is the nine months in between that the mother then has to deal with.

There are many intricacies and complications that come with pregnancies. There are even cultures that believe pregnancies to be an illness – due to the fact that the unborn child takes from the mother’s health in order to be made. Though this is not scientifically supported, it is no secret that being pregnant can have some adverse effects on the mother’s body. Some of these side effects include sometimes odd cravings, nausea, and fatigue, among other things. There are is some medication that is available for intake but you might wish to take heed before partaking of any kind of drug.

According to the website of Williams Kherkher, there have been some unfortunate instances wherein pregnant mothers have taken medication but exposure to certain chemicals have given their babies birth defects. One drug under current scrutiny, for example, is that of Zofran.

Zofran is a drug often used for cancer patients that are being treated via chemotherapy, as nausea is a common side effect of the treatment. This drug is not exclusive to cancer patients, however, as there have been some people with Crohn’s Disease have used this drug. Some known side effects of the medicine can be migraines and constipation. However, there have been some complaints that link exposure to Zofran has led to babies physical defects like that of congenital heart defects, or a cleft lip or palate.

If you or someone you know has had a child that has experienced birth defects as a result of Zofran, it is recommended that legal aid be taken at the most immediate opportunity.

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TPPA Explained

Posted by on Dec 28, 2014 in Prompt Pay | 0 comments

The regular working Joe who is provided with health insurance as part of his employment benefits seldom wonder about how the doctors, hospitals, and pharmacies he goes to gets paid. Perhaps he has this nebulous idea that they get paid much like any private service provider. In that he would be wrong.

Contracted third parties of health insurance carriers for employee health insurance, typically Health Management or Preferred Provider Organizations (HMOs and PPOs) are paid by the carrier after they make a claim. Ideally, when a clean claim is made, the service provider should receive payment within a few weeks. Unfortunately, that isn’t precisely the case. Most HMOs and PPOs habitually delay payment to their service providers, confident that they have a “captive” audience because these providers are generally reluctant to rock the boat and risk retaliation if they complain. By 1999, service providers in Texas had had enough of the losses they absorbed because of delayed payments, and by 2003 the Texas Prompt Payment Act (TPPA) had been enacted.

The TPPA is primarily designed to discourage the practice of certain insurance carriers to delay payment to their contracted service providers which include doctors, hospitals, and pharmacies. Violating the rules under the TPPA opens the carrier to interest charges on top of hefty fines for long-delayed payments of clean claims. However, there are limitations to what the TPPA covers, and the relatively new law is still undergoing significant revisions as the need arise. For example, it was only in 2011 that pharmacies became included in the list of covered providers.

Like any law, the TPPA is simple in aim but complex in enforcement; there are a lot of conditions and limitations that can confuse the non-legal mind. To more fully understand the salient points of the TPPA for purposes of determining coverage, a good resource can be found at http://www.williamskherkher.com/practice-areas/prompt-pay/.

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Punishing the Person who Harmed You

Posted by on Oct 19, 2014 in Personal Injury | 0 comments

Punitive damages are not generally awarded in personal injury cases, and in car accidents if a person in given punitive damages, they should be properly justified. Punitive damages are given in order to deter future similar actions from the defendant as well as other motorists, and they have no direct link to the injuries suffered by the plaintiff (although the award is still given to the plaintiff). In order for the plaintiff to receive punitive damages in a car accident, state laws should first be considered. There are states that require the defendant to exhibit gross negligence or intentional misconduct, while other states call from the defendant’s actions to be with malice, deceit, or reckless.

A person who is consciously disregarding another person’s rights, safety or life can be accounted for gross negligence. The added factor of being reckless or careless can make a negligence action grossly negligent. In order to prove actions of gross negligence, evidence should be presented by the plaintiff that would establish that the defendant acted with intent, deceit, or malice in order to cause harm or injury to the plaintiff. A reasonable basis for the punitive damages should be present in a personal injury or car accident case, otherwise the court may levy a monetary sanction against the plaintiff for unconvincing or no evidence that would justify the punitive damages. The court requires strong evidence of gross negligence or recklessness from the defendant that would justify the punitive damages because they would like to prevent and discourage senseless claims from plaintiffs who may take advantage of the situation.

The website of With Yvonne Fraser says that plaintiffs who are seeking punitive damages after a car accident should first consult with a personal injury lawyer who knows the laws in the state they are filing the case in. States laws vary regarding the awarding of punitive damages in injury cases, and often they have limits to the amount that can be awarded.

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The Difference between Salt and Salt-Free Water Softening

Posted by on Sep 15, 2014 in Water | 0 comments

There is a big difference between water softening systems that use salt and those that do not. Both systems have benefits and drawbacks; choosing one over the other will depend on your preferences.

The biggest problem that most homeowners have with hard (containing high percentages of metal cations such as calcium and magnesium) water is scaling. Hard water tends to deposit mineral residue on glassware (hence, spots!) and other surfaces such as bathroom tiles. These deposits also tend to build up in pipes, causing clogging and poor water flow. Furthermore, minerals in the wash results in dull colors and causes a yellowish cast in laundry, eventually damaging clothes. The obvious solution is to remove these destructive minerals.

Well, yes and no. Salt-based water softeners make use of sodium to replace calcium and magnesium in the water using an ion exchange process, effectively eliminating them and preventing the formation of scales. A water test would show that these hardness minerals are no longer present, making the water soft. In a salt-free system, the water is subjected to a catalytic system that converts the calcium and magnesium. Technically, the minerals are still there but they no longer form scales, so the water is said to be “conditioned.”

In terms of water composition, the only viable way to remove hard minerals in the water is by exchanging them for sodium ions to produce soft water. Moreover, you will use less soap for bathing as well as the laundry because soft water makes it easier to work up a lather, giving a feeling of cleanliness. Colored clothes will also look brighter and the water tastes and smells purer. The Austin water filter experts at American Water attribute this improvement to the removal of calcium and magnesium.

Some advocates of salt-free water treatment systems believe that it is better than the ion exchange system because they use no electricity, use less water as there is no need to purge anything as nothing is removed from the water, and no salt. Salt-free water treatment systems are virtually maintenance-free. However, the continued presence of these minerals still inhibits lather formation and there will still be spots on dishes. On the upside, scale formation is no longer a problem, there is no slick texture associated with “soft” water, and white fabric tends to be whiter.

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