Drowning Accident: The 4th Leading Cause of Accidental Death in the United States

Posted by on Jul 29, 2016 in Personal Injury | 0 comments

According to the Centers for Disease Control and Prevention, drowning, rather than traffic accidents, is the leading cause of accidental death among children below five years old. While swimming pools are the most common places of fatal unintentional drowning for children under five, for adults older than 85 and children under age 1, the most common places of drowning are bath tubs; for older children and younger adults, on the other hand, it is natural bodies of water, such as rivers, lakes and oceans.

Drowning involving children can be due to many different factors; the most commonly cited ones, however, include: lack of pool barriers that would prevent children from gaining access to the pool area; failure to closely supervise children; lack of basic swimming skills; failure to wear a life jacket while boating; intoxication due to alcohol use; and, seizure disorders.

Though the wrongful death of a loved one can be the worst consequence of drowning, non-fatal drowning accidents can also lead to life-changing disabilities. One example of an injury is severe brain damage which can result to permanent loss of basic functioning (wherein a person ends up in a vegetative state), memory problems or learning disabilities.

Victims of drowning, by the way, include not only those who lack swimming skills, but also people who know very well how to swim. The Hankey Law Office law firm says that every year, thousands of people in the United States die from drowning-related incidents, while thousands more suffer serious and irreversible neurological damage as a result of near-drowning experiences. Moreover, about 6 people drown every day in swimming pools, making drowning the 4th leading cause of accidental death in the United States.

If a drowning accident occurred in a public pool or anywhere else where there are evidences that the property owner was negligent in making sure that the area surrounding the pool is safe, it may be wise to seek legal assistance for whatever legal action the victim or his/her family may decide to pursue.

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The Unfortunate Consequences of Truck Accidents

Posted by on Mar 30, 2016 in Truck Accidents | 0 comments

By law, it is mandated that each and every driver has to drive responsibly lest they suffer the consequences of their negligence.

This is nothing new, of course, as it is common knowledge to protect not only one’s own self but also everyone else who shares the open road. Unfortunately, this is not always followed—people get to thinking that they’re invincible and that nothing bad that happens on the news could ever happen to them until it does. They can get arrogant or carelessly negligent and these same people can be the cause of some pretty serious accidents, including truck accidents. Truckers are actually given bigger responsibilities and are expected to uphold more than just the casual driver’s mandate of the open road. According to the website of the lawyers with Williams Kherkher, an eighteen wheeler trucks are such massive vehicles that a trucker needs to be professionally licensed in order to legally operate one.

If a driver has been proven to have been negligent in any way, or if the trucking company is proved to not have been as thorough as they should have been in checking their driver’s credentials, then the victim or the survivors of the accident are warranted to take legal action in order to receive compensation. It is recommended that professional and experienced help is sought before making any decisions with permanence, especially if offered a settlement deal before one has legal representation, in order to avoid being cheated and underpaid from what the victim is due.

Truck accidents can be horribly devastating in more ways than one. Due to the magnitude of their size (an average truck can weigh up to 80,000 pounds and can be over 70 feet long), it is likely that the casualties and injuries suffered involve more than one other party. If the truck was carrying hazardous and explosive material, it is likely to affect people even miles and miles away of the site where the accident occurred.

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Why homeowners choose asphalt shingles over other roofing materials

Posted by on Oct 26, 2015 in Roofing | 0 comments

One thing that makes a roofing company stand out is a seamless business process. The website of FollowUp Power, for instance, know how effective cloud-based CRM software is in streamlining sales processes for quick return on investment and convenient user experience. But apart from smooth business processes, offering roofing materials that are both reliable and cost-effective should be your ultimate goal. And these are what asphalt roofing shingles are all about.

Due to its long service life, durability and cost-effectiveness, asphalt roofing is by far among the top choices of many commercial and residential property owners for their roofing needs. According to the Asphalt Roofing Manufacturers Association, when installed properly, asphalt roofing provides the following advantages:

  • Affordability – Unlike some of its counterparts, such as clay, asphalt shingles are made of quality but inexpensive materials. Homeowners are able to enjoy quality roof without having to shell out more than what they are ready spend.
  • Style – The overall look and feel of your exterior can be enhanced with asphalt shingles. Asphalt shingles are available in a variety of colors, and may even imitate the look of slate and wood shingles. Dimensional and architectural asphalt shingles are also becoming a popular choice due to their attractive shadow lines and 3-dimensional look.
  • Effective Cooling – Some asphalt shingles are coated with ceramic granules that can effectively deflect UV rays, making your roof cooler especially during hot summer days.
  • Long Service Life – If there is one thing that attracts customers to use asphalt shingles, it’s their durability. Asphalt roof shingles are also known for its superior fire resistance, and they are waterproof, too.

As with any other roofing materials, however, asphalt shingles have their drawbacks, too. For instance, asphalt roofs are more prone to algae and moss growth, especially when left unmaintained, leaving stains and streak marks that can profoundly affect the look of your house. Luckily, asphalt shingles treated with algaecide are now widely available in the market and can be bought at a reasonable price.

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Depakote may be a cause of Facial Dysmorphism

Posted by on Jun 15, 2015 in Medical Injuries | 0 comments

No two human faces are exactly alike, not even identical twins. This is a good thing. However, there are certain standards for what constitutes the norm. When the structure of the face strays too far beyond the norm, then this may be facial dysmorphism, and it may have been caused by maternal intake of Depakote during pregnancy.

Dysmorphism is defined as “an anatomic malformation.” The malformation may be for any part of the body, but facial dysmorphism is naturally a malformation of the facial structures. Malformations associated with valproic acid (i.e. Depakote) antenatal infection include:

  • Anteverted nostrils
  • Broad or low nasal bridge
  • Cleft lip
  • Down-turned or carp-like mouth
  • High forehead
  • Infraorbital crease connecting with epicanthal folds
  • Long philtrum
  • Low set or laid-back ears
  • Midface hypoplasia
  • Narrow forehead
  • Short nose
  • Small lower jaw
  • Small mouth
  • Telecanthus (unusually widely spaced eyes)

In terms of appearance, mild to moderate facial dimorphism may not even be noticeable. When they are, they may be even be considered interesting. Famous people that may have had dysmorphism are Abraham Lincoln and Amadeus Mozart. However, in some cases, especially severe ones, the malformation indicate a physiological aspect. Cleft lip, for example, can have complications including difficulty in feeding and speech problems. Midface hypoplasia may also result in obstructive sleep apnea, which can have serious health effects.

Facial dysmorphism is an indication that something interrupted normal fetal development, such as a teratogenic drug such as Depakote. The biggest problem with being too different from other people is that it can lead to problems of self-esteem and social interaction. As pointed out on the website of Williams Kherkher, this can have devastating consequences. If you suspect that you or your child suffers from valproate-related facial dysmorphism, you may be able to make a case. Consult with a skilled dangerous drugs lawyer in your area to go over your case.

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Knowing The Difference Between Surface and Mineral Rights

Posted by on Mar 20, 2015 in Mineral Rights | 0 comments

Many landowners are not fully aware that owning the land does not necessarily mean they can acquire profits if the land is producing. It may not be automatic, surface rights (along with other associated rights) on a particular piece of land can be owned separately from the minerals that can be found underneath. This is very important if the landowner wishes to participate in the profits that their land is producing. However, being as a surface owner only, you are restricted from acquiring any profits simply because you do not own the minerals underneath the land. Owning the mineral rights does not automatically mean you own the mineral rights in areas that are rich in energy.

Although it is very common and normal for landowners to have legal proprietorship on everything – surface, pore space, sky, the minerals, water, etc. – along with the power to decide on matters regarding their land, there are certain states that allow ownership to be segregated (or severed). States such as Pennsylvania, Texas, Colorado, New Mexico, Oklahoma, and Louisiana are just some of the places in the United States where energy operations are frequent and where the mineral estate is often severed from others. It is the mineral rights owner who will be sought after by the oil and gas companies for lease. Surface rights are considered secondary to mineral rights, but surface rights are still regarded when surface operations are going to take place.

For many landowners who would want to sell mineral rights, hiring a qualified person to do the research and determine who owns the mineral rights is very important, since legal consequences can be difficult and costly to deal with. Because laws vary from state to state, land owners need to check the laws in your state before considering or selling their land rights. For those who hold surface rights, there are a number of ways you can use to be comfortable with letting oil and gas companies use your land. Know and understand how the state laws will and will not work for you, and be informed about your rights before signing anything legal.

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The Difference between Annulment and Divorce

Posted by on Feb 9, 2015 in Marriage | 0 comments

Each state can have their own laws regarding marriage and divorce. In the State of North Carolina, a marriage is legally binding if four factors are met, namely: (1) both parties are of legal age and are capable of marriage, (2) both have agreed to marry each other, (3) the consent was given freely and seriously in the presence of an officiating person who have the authority to conduct the marriage, and (4) the official declares the couple as legally married after giving their consent. A marriage does not have to be consummated in order to make it legally binding, but there are some complications on whether a marriage can be annulled if there are less than two witnesses present in the ceremony.

There is a difference between annulment and divorce. Divorce means that the court has acknowledged the legality of the marriage and simply dissolves it, while annulment means the marriage was not valid in the first place and that it never happened. For a marriage to be annulled, proof must be presented in court in order to make it void or “voidable.” Some of the reasons that could make a marriage void or “voidable” and open for annulment are:

  1. If the relationship is considered “incestuous and improper.” Any relationship closer than first cousins or are double first cousins are not legally allowed to marry, but the State of North Carolina accepts marriages between first cousins.
  2. Same sex marriage is presently not accepted in the State of North Carolina.
  3. Anyone who is of legal age (18 and above) are allowed to marry. Exceptions include those who are older than 16 years but under the age of 18 are allowed to marry provided their parents present signed written consent that is confirmed by a notary public and filed in the register of deeds. Those who are over 14 years but under 16 and have become pregnant and seriously wishes to marry the father of the child, they can be given permission by the court judge. Anyone who is under the age of 14 is not allowed to marry.
  4. If one or both party has misrepresented or concealed relevant information regarding their status or anything related to the marriage is considered fraud would make the union void. Some examples of fraud include marrying for immigration purposes, bigamy, concealing of sexual orientation and desire for children, and many others.

According to the website of Marshall & Taylor, providing evidence for annulment of a marriage can be difficult. Finding a lawyer to help you provide the best possible option to end the marriage. Many people prefer to get a divorce because it is easier and would require less evidence in court, although if there is strong evidence to make the marriage void or voidable, then annulment is the best option to choose.

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Tooth Loss an Indicator in Mental and Physical Decline in Seniors

Posted by on Dec 3, 2014 in Health | 0 comments

Recent studies conducted by the English Longitudinal Study of Aging and published in the Journal of American Geriatrics Society have showed that tooth loss can be an early sign of physical and mental deterioration in older age, specifically for those aged 60 to 74 years old.

The analysis presented indications that patients who have lost all their natural teeth suffer 10 percent worse in memory and walking abilities than those who have retained their natural teeth. Although the link was not considerable when factors such as gender, age, smoking, drinking, physical health, depressions, and socioeconomic status (income, occupation, education) in particular, were taken into account it was deemed significant when these factors were considered, and patients who lost all their natural teeth were found to walk slightly more slower than those who still have some or all of their teeth.

The researchers also checked the link between tooth loss and poor memory and slower walking for people over the age of 75, and have determined that the conditions are more pronounced in the 60-74 year old bracket than the older ones. According to Dr. Gergios Tsakios, lead author of University College London’s Department of Epidemiology and Public Health, socioeconomic status of patients play a vital part in the causes of physical and mental decline and tooth loss, asserting the fact that it is important that broader social determinants like education and wealth can improve the dental and overall health of the poorest in society.

Gum disease, or its worse condition periodontal disease, is the most prevalent cause of tooth loss in American adults. According to studies published by the Center for Disease Control in 2012, about half of the adult population in the United States suffers from periodontal disease. Dr. Sid K. Steadman D.D.S. informs through his website that patients experience mild to severe cases and the lack of access to dental health care and poor dental hygiene account as among the major causes of tooth loss. Having good dental hygiene means more than simply having whiter teeth and fresher breath; dental health affect the overall health of people as gum infections can travel through the blood stream and affect vital parts of the body. And because signs of periodontal disease are often hard to detect, poor dental care and neglect on dental checkups can make the condition progress and increase risks of health complications in the long run.

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Alcohol Laws in Texas

Posted by on Nov 19, 2014 in Drug Crimes | 0 comments

It is no secret that driving while intoxicated (DWI) is a major no-no in Texas (like most states for that matter) but it is not enough to register a blood alcohol content (BAC) level less than the legal limit (0.08 g/dL in Texas) to avoid an arrest.

Texas is a peculiar mix of the ultraconservative to the ultra liberated. There are three types of counties when it comes to alcoholic beverages: wet, dry, and combination. “Wet” counties are those that allow the sale of alcohol anywhere in the county; “dry” counties are those where the sale of alcohol is illegal anywhere in the county. Combination counties are those that allow the sale of alcohol with some restrictions.

However, all counties in Texas take DWI very seriously, and subject to the statewide “open container” law which prohibits the possession of an open or broken-seal bottle, can or other receptacle of any amount of ethanol-based beverages inside a motor vehicle on a public road, street or highway (moving or not) except if it is in a locked compartment, trunk, or similar location. Other exceptions are when the motor vehicle is a public utility vehicle or for hire (bus, taxi, rented limousine) or a self-contained recreation vehicle or motor home.

A person caught with an open container in a motor vehicle may be charged with a violation (Class C Misdemeanor) Texas Penal Code § 49.031 and may be given a citation to appear before a magistrate. In most cases, this is good for a fine up to $500 unless it is compounded by a DWI charge. According to the website of the Law Offices of Mark T. Lassiter, this can be a life-changing situation, so it would be wise to act with circumspection.

If there are no other charges, the individual is released and expected to make an appearance in court. Failure to appear may result in a bench warrant for your arrest, which will definitely be a bigger problem.

If you have been charged with an alcohol-related crime, it is easy to make bad to worse. Take all such criminal charges seriously and consult with a criminal defense lawyer to find out how best to proceed.

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Overview of BP Claim Appeals

Posted by on Nov 16, 2014 in Environmental Issues | 0 comments

The BP claim appeals process is embodied in the six pages of Section 6 included in the 1,200 page Deepwater Horizon Economic and Property Damages Settlement agreement which was approved by the overseeing court in 2012. The program was part of the restitution that British Petroleum (BP) pledged to individuals and businesses affected by the explosion of the BP oil rig located in the Gulf of Mexico. The disaster, considered the worst in the history of the oil and petroleum industry, spewed millions of barrels of oil into the water affecting tourism and business in at least 5 of the surrounding coastal states.

The brevity of the claim appeals process was considered sufficient because the settlement program was seen as a “benevolent” program, and few appeals were expected to be needed or made. As it turns out, however, Section 6 has become much more important than anyone had anticipated because of BP’s increasing propensity to challenge business economic loss (BEL) claims over $25,000, as is its privilege, without considering whether the claim has merit or not. Since the penalty for a frivolous appeal only costs BP a minimal amount, this makes practical sense. Claimants have the option to go through the appeals process but statistically only 34% (1,340) do so. This saves BP a bundle in claims. As of July 2014, BP has appealed 3,955 BEL claims or 21%.

The BP claim appeal lawyers at Williams Kherkher say on their website that the reason why a majority of denied and appealed claims do not go through the BP claim appeals process is because it is a tricky maze. It can easily confuse and confound people who have no legal training and no experience in dealing with large companies and their team of lawyers.

If you have had your BEL claim denied or appealed, you can be sure that you will be in the same boat unless you have an experienced lawyer helping you out. Find a competent BP claim appeals attorney to help you get through the process correctly.

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Coping with Cerebral Palsy

Posted by on Nov 14, 2014 in Medical Injuries | 0 comments

Cerebral palsy (CP) is a movement disorder that usually affects young children and sometimes but rarely adults. It is unknown what causes a child to present with CP as many of them have it from birth (congenital). Some believe that it is genetic, while others speculate that it may be due to a maternal infection prior to birth. There is also a common belief that some cases of CP may be due to an injury sustained at birth.

There may be some basis for this last belief. Some physicians have been found to have been negligent, reckless, or just incompetent during delivery, which resulted in prolonged labor, oxygen deprivation, or actual physical damage to the brain of the child. These are all possible ways that a child can acquire CP.

Not all CP sufferers are severely affected by the disorder; a majority of individuals with CP have mild to moderate cases and develop coping skills so that they grow up with a quality of life they consider on par with their unaffected peers. There are those, however, whose CP is severe, and may require constant and lifelong care. This can be emotionally, psychologically, mentally, and financially draining for everyone involved, and the child’s quality of life will forever be hobbled.

When there is strong reason to believe that CP resulted because of the negligent or reckless act of a physician or other healthcare profession, this may be medical malpractice, and in such cases a cerebral palsy lawyer will probably be able to tell you more about what can be done.

If your child suffered birth trauma that led to developing CP because of professional negligence, you need not bear the consequences alone. Consult with a competent birth injury lawyer in your area to find out how you can get compensation to at least help you cope financially with your child’s condition.

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