Drinking and driving is one of the most dangerous, reckless things a person can do behind the wheel. No one deserves to be an accident that had no fault in, that is why West Palm Beach personal injury lawyers of Schuler, Halvorson, Weisser, Zoeller, and Overbeck, P.A. fight to get the victims the compensation they deserve, such as nearly four million dollars in a drunk driving settlement in one case alone. They have the knowledge and experience to take care of your personal injury claim. The negligent party or parties can owe the victim compensation for:

  • Medical expenses
  • Property damage from the accident
  • Emotional trauma
  • Permanent injuries sustained in accident
  • Lost wages
  • Pain and suffering

Besides intoxication, car accidents may happen for a number of reasons, such as improper turns, disregard for traffic signs and laws, and failure to adjust to weather conditions. Perhaps both parties in the accident were negligent to some extent that does not mean that Party A has absolutely no claim over Party B. Because of comparative negligence, if Party A calls a personal injury attorney to examine their case, they may still have grounds to file a lawsuit demanding compensation for their pain and suffering in the accident.

These cases may get complicated, so calling an experienced attorney to help determine whether the one party was more negligent than the other is a smart choice. The party must call their attorney in time though, since states such as Florida follow a statute of limitations of up to four years for personal injury claims.

If the party fails to record and file their claim within the mandated four years, they forfeit all hopes for and justice rights to compensation.


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Adequate knowledge and skills are required for a person to earn a commercial driver’s license (CDL) and be legally allowed to drive a commercial motor vehicle (CMV), like a bus, a tow truck and , most especially, a big rig or an 18-wheeler. A truck is normally 70 feet long and about 40 tons or 80,000 lbs. heavy – clearly a potential threat to all other smaller vehicles on the road.

The Commercial Motor Vehicle Safety Act of 1986 mandates that only qualified drivers should be issued a commercial driver’s license, and that those who are unsafe or unqualified ought to be removed from the road – this is to help ensure road safety at all times. This Act is enforced by the Federal Motor Carrier Safety Administration (FMCSA) of the US Department of Transportation. Besides this, the FMCSA also implements other rules that will help reduce the likelihood of truck accidents, such as the 11-hour maximum driving time, which is part of a truck driver’s 14-hour duty. This maximum driving time regulation includes a 10 consecutive hour off-duty period to make sure that drivers do not suffer from fatigue or sleepiness whenever they get behind the wheel.

With truck driver fatigue effectively addressed, the Department of Transportation is able to focus on other factors that are equally considered vital to road safety, such as truck defect and malfunction, specifically brake malfunction. This is because brake failure has been identified as another major cause of accidents involving trucks – accidents that usually result to severe injuries or fatal consequences. Factors that constitute a brake failure include brakes suffused with grease or oil, thin or worn out brake pads, overheated brakes, or worn tires.

Where trucks or 18-wheelers are concerned, brakes are among their most important functions. To keep these vehicles’ braking systems safe and efficient, the federal government has created standards manufacturers must strictly comply with. Federal standards require that a braking system must allow a truck to decelerate until it comes to a full stop at a rate specific to its size and a force based on its weight. Failure to meet federal standards can result to something that is much worse than just violation of government rules; it could lead to a catastrophic road accident that can seriously injure some individuals and kill others.

It is not unknown to The Benton Law Firm that truck accidents can have many causes and contributing factors, but many have to do with driver fatigue, distraction, or weather circumstances. Truck drivers may think they are driving with the utmost caution, but it can be difficult to maneuver a large 40-ton vehicle. Large trucks are prone to “jack-knifing” and toppling over if a turn is taken too sharply at too high a rate of speed. If you are the unfortunate car on the other side of a truck, you run the risk of being crushed by the truck. If such thing would happen, you should contact an experienced truck accident attorney as soon as you are able. He/She may be able to help you file the necessary legal action that may enable you to receive damages for medical expenses, lost wages, future earnings, and pain and suffering from the responsible party.

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Sexual battery is a criminal offense that does not involve penetration or sodomy but still involves physical contact of a sexual nature without the victim’s consent. Nashville sexual assault lawyers will tell you that sexual battery involves force or coercion by the offender without the consent of the victim. These acts may involve unwanted and offensive contact with an intimate part of the victim. This may include sexual organs, groin or buttocks, and the breasts of a female.

Sexual battery, like other sex crimes, involves the lack of consent from the victim. Sexual battery is a criminal offense because the act was not consented to or the accused forced their victim to do such acts against their will. Lack of consent also means that the victim is incapacitated to give their consent or has less mental capacity to consent. Minors who are below 14 or 15 years old are incapable of giving their consent.

As sexual battery does not involve any penetration, it is usually considered as a less serious crime compared to rape. For this reason, the offender may be subjected to lighter penalties than rape or sexual penetration. The only exception is when such contact results to the victim getting injured or involved a deadly weapon. In this case, sexual battery becomes a felony crime.

These types of crimes carry a prison term of one to several years, depending on the circumstances and the state’s sentencing guidelines. In some states, there is a minimum prison sentence or the judge may impose a jail sentence without probation or early parole. It is up to the judge to determine the length of the sentence or whether to include probation instead of a jail sentence. On the other hand, sexual battery that does not include a deadly weapon but only force or coercion can be reduced to misdemeanor.

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According to the Bureau of Labor Statistics’ Census of Fatal Occupational Injuries (CFOI), electrocution as the fifth leading cause of work-related injuries and deaths in the United States; it also continuously puts workers, particularly those whose work brings them into close proximity to electrical sources, at risk of severe injuries or fatal accidents.

Risk of occupational electrocution accidents is most common among electricians, electrical helpers, utility workers, construction workers and those working in manufacturing sites. The highest death rates, though, come from the ranks of those whose work directly involves maintenance and repair of overhead power lines and construction workers, among whom 400 die every year due to accidental contact with high voltage wires. High voltage refers to voltage above 500. This level of power can actually “arc” or jump up to a distance of an inch to several feet through the air (the higher the voltage, the farther the arc) and can electrocute workers who happen to be near an electrically charged cable.

Instead of fending off electricity, the human body becomes an electrical conduit; this is what makes electrocution a very dangerous type of accident. As explained in the website of the Scudder & Hedrick, PLLC, law firm, there are many different ways in which a worker might encounter an electrical hazard on a job site, like unmarked wires running through a wall that might meet the end of a nail or drill; hanging lines above which a ladder may touch; a power tool malfunctioning; or an improperly regulated current causing an arc-flash that could fell anyone from across a room.

The effect of an electric shock is largely determined by the strength and flow of the electrical current, but virtually any contact with a source of electrical charge has the potential to be fatal. Possible effects of an electric shock include severe internal and/or external burns, muscle damage, spinal cord injuries, brain damage, heart attack, paralysis and death. Muscle damage can result to swelling of the limb which, in turn, can lead to “compartment syndrome,” a condition wherein blood is prevented from reaching the (affected) limb.

Severe electrical shocks have other effects, such as intense muscle contractions, fatal heart arrhythmia (a condition wherein the heart beats in an abnormal or irregular rhythm), brain and nerve injuries, serious injuries to internal organs, and fall accidents.

While it may be true that electrocution accidents are sometimes due to victims’ own carelessness, many others are results of other individuals’ negligent acts. Many law firms emphasize the necessity of victims of electrocution to be represented by personal injury attorneys who have in-depth experience in personal injury lawsuits. This is to help them seek the full amount of compensation brought about by the losses they have been made to suffer (and may still suffer in the future).

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Being hounded and harassed by collecting agencies is an all too common experience for millions of Americans who have lapsed in paying creditors the money they owe. These debts may be due to car loan, mortgage, personal loans, student loan, credit card debt, medical bills, utility bills, and so forth.

Failure to pay debts on time will result not only to being penalized for late payments; there are also the issues of loan interests and the amount of debts getting bigger until, due to continuous failure to make payments, the total amount of the debts would have reached an overwhelming figure, making debt settlement impossible.

It takes only about three months of continuous non-payment before creditors consider a loan as bad debt. It is during this time when creditors would refer a debtor’s account to collecting agencies which will do anything to scare debtors in order to make them pay.

With an overwhelming debt amount and the harassing tactics of collecting agencies, many debtors end up selling whatever they can and/or ask family and friends for loans, not realizing that whatever amount they come up with will only be good for one payment or two, a meager chip off from the total amount of their debt . . . and what about future payments?

On his website, Ryan J. Ruehle Attorney at Law, LLC, shares very interesting information regarding how a person can free himself or herself from overwhelming debts and have a chance at starting a new financial life: Chapter 7 Bankruptcy.

Chapter 7 is just one of the many chapters in the Bankruptcy Code of the United States. It was approved by the U.S. Congress in 1978 for the purpose of helping individuals, families and businesses with huge debts find the best (affordable) way to pay what they owe and regain control of their financial lives.

Besides offering the near-total liquidation of all their debts, Chapter 7 also offers lots of other benefits, such as the Automatic Stay, and freedom from what are considered as dischargeable debts. Automatic stay is the most immediate benefit of Chapter 7 Bankruptcy; it starts as soon as a petition for bankruptcy is filed. Automatic stay is an injunction that a court issues to stop creditors and the collecting agencies they have hired from collecting debts or enforcing liens.

Besides the phone calls, emails, text messages, letters and other harassing tactics by collecting agencies, the automatic stay also:

  • Temporarily stops any pending foreclosure
  • Stop a utility provider from disconnecting service for about 20 days (this may be extended if the debtor
    can assure payment of past due bills)
  • Stops wage garnishment. A debtor may also possibly get back his or her garnished wages after he or she
    files for bankruptcy
  • Stops all medical debt collections an any lawsuit (due to medical debt) from being filed against the
  • Temporarily stops the IRS from making collections on certain tax debts
  • Gives debtors the chance to stop their car from being repossessed
  • Stops any credit card lawsuit from continuing so long as the bankruptcy is active

Not all types of action to collect and court proceedings can be stopped by an automatic stay, however, due to their importance. The proceedings that are allowed to continue include divorce, a lawsuit seeking the establishment of paternity, certain tax proceedings and criminal proceedings; payments that need to be continued, on the other hand, include child support, alimony, payment to pension loan, payment to student loan (under certain circumstances).

Millions of bankruptcy cases are filed every year, partly because of the benefits that the automatic stay provides. Before filing a bankruptcy petition, however, it is important that a person first understands if such would be a really necessary act, besides knowing which particular bankruptcy chapter to file.

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Brachial plexus is a network of nerves that runs from your spine to your shoulders, supplying your upper extremities (fingers, hands, forearms and shoulders) with the nervous energy it needs to control muscle and movement. When this network of nerves is twisted, bruised, ruptured, ripped, or avulsed, brachial plexus injury can occur. Brachial plexus injury may obstruct the supply of nervous system to the upper extremities, making it difficult, sometimes even impossible, for someone to control his arm movement.

There are many possible causes of brachial plexus injury. Injuries from contact sports, such as basketball and football, may result in brachial plexus injury. Motorcycle and other road-related incidents may also cause this condition. In instances when a portion of the brachial plexus is damaged during labor, a type of brachial plexus injury called Erb’s palsy may occur.

Erb’s palsy is characterized by complete or partial paralysis of the biceps and the lower arm. Babies with Erb’s palsy may also have a shoulder that is “hanging” and is rotated forward. The affected wrist may also be twisted inwards, and muscle weakness is noticeable.

According to the website of the Resmini Law Offices, Erb’s palsy can primarily be a result of medical negligence. A medical staff that is reckless or untrained may “pull” the baby harshly during labor, lugging the baby’s head away from its shoulder and causing brachial plexus damage. Wrong instrumentation during assisted delivery may also increase the risk of Erb’s palsy. Other factors associated with Erb’s palsy include mother’s small pelvic size, baby’s large size, heavy birth weight, and breech position.

Children with untreated Erb’s palsy may have an affected arm that’s smaller in girth and in length, and may also suffer from muscle atrophy (weakness). As such, it is important that Erb’s palsy is treated, either with surgery, with physical therapy, or both, to prevent these life-long complications.

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Just as with every state in the US, California has laws that are used to punish people who have been found guilty of domestic and/or spousal abuse, domestic violence, corporal injury, and/or battery. The charges can either be a misdemeanor or a felony charge, depending on the details of each case. Because of the complexity that domestic violence and abuse cause, victims are often not given the option to “drop the charges” against the abuser once the charges has been filed and the investigation has begun. It is very common for prosecutors to seek the maximum penalties towards those charged, regardless of whether the victim retracts their statements or allegations.

According to the website of Williams Kherkher, a domestic violence charge is often filed when a loud argument leads to a physical alteration. When the police are called (either by the victim or anyone who heard the attack), they will be taking official statements from the alleged victim and if there are injuries that are identified by police, they will be photographed for evidence. Even the smallest of injuries are enough for the police to press charges and it can be difficult to dismiss a domestic violence case (also known as Penal Code 273.5 PC) once they have begun acquiring evidence.

Because the penalties for a domestic violation can be harsh and severe, many lawyers have various defenses to prevent such penalties. Accidental injuries, self defense, and even false claims are often used as defense from domestic violence charges, which is why it is important to find the right lawyers who not only understands the specifics of your case, but also knowledgeable and experience in handling domestic violence cases. Damages from domestic violence are not only physical, but also emotional and psychological.

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