Pages Navigation Menu

PCs for all Student Needs

Most Recent Articles

How Drinking Alcohol Impairs Drivers

Posted by on Apr 14, 2015 in Automobile Accidents | 0 comments

Alcohol-impaired driving is a serious criminal offense. In Georgia, driving while under the influence (DUI) can lead to harsh penalties. Drivers caught driving while inebriated could end up having their licenses suspended or revoked, paying a significant amount in fines, as well as facing the possibility of jail time. Still, even with stringent punishment, drunk driving remains to be a prevalent problem across the state. According to the Governor’s Office of Highway Safety in Georgia, alcohol impairment is responsible for 23 percent of all the 1,223 car fatalities recorded in the 2011.

Similar to every state across America, Georgia drivers can be charged with a DUI if they exceed 0.08 percent blood alcohol content (BAC) mandated by federal law. However, according to the website of Atlanta truck accident lawyers from The Ausband Law Firm, this policy is adjusted for certain circumstances. Drivers operating vehicles for commercial use can’t exceed 0.04 percent BAC. Meanwhile, drivers below the legal drinking age of 21 are met with a strict zero tolerance policy.

Even with legally determined BAC requirements, drivers should still be aware of the fact that having alcohol in their systems can have effects on their ability to drive. As noted by the National Council on Alcoholism and Drug Dependent (NCADD), even a blood alcohol content of 0.02 percent can lead to a significant drop in awareness that’s necessary for operating vehicles. The following are just some of the particular ways alcohol can impair drivers at different BAC levels:

  • At 0.02 percent, drivers will typically experience relaxation and some loss of judgment that could lead to slight difficulty with visual functions and multitasking
  • At 0.05 percent, drivers will end up experiencing slower eye movements and reduced psychomotor coordination that could cause difficulty with operating the stirring wheel and processing visual stimulation.
  • At 0.08 percent, drivers will experience poor muscle coordination and difficulty with seeing, hearing, and talking. Their sense of balance and ability to respond to emergency situations will also be compromised.

Considering these scenarios, it’s easy to see why alcohol impaired driving is particularly dangerous. As such, drivers should be held accountable for reckless actions that could lead to another person’s injury or fatality. Aside from penalties provided by DUI laws, drunk driving in Georgia can also be subject to a personal injury lawsuit. Victims can pursue compensation for the physical, emotional, and psychological trauma that they’ve experienced. Consult with an attorney to learn more about possible legal avenues for accidents involving DUI charges.

Read More

Preventing Injury in Building Fires

Posted by on Feb 3, 2015 in Personal Injury | 0 comments

Although it is hard to remain calm in life-threatening situations, following certain protocol can increase chances of survival. Fires cause serious burn injuries, and taking action before the fire occurs is a necessary step in prevention.

The website of the Sampson Law Firm emphasizes the trauma and pain a burn can inflict, and the many ways in which they can occur. Fires inside the home, workplace, or any other closed buildings are sources of detrimental injuries, and can be aided with the use of smoke alarms and escape plans.

If smoke alarms are functioning properly, they can reduce the chance of dying by 50%. They alert those in the building to the emergency so that everyone can hopefully get out before the fire reaches them. In the event of a defective smoke alarm in a work environment (out of batteries, muffled sound), any accidents that occur are not the responsibility of the victim. When accidents occur at the fault of another person’s failure to maintain the alarm, they can legally be held responsible.

Another crucial preventative action is the implementation of a fire escape plan. If occupants follow the plan, the evacuation will go quickly and reduce the chance of accidents from happening inside. Fires spread rapidly, and the quicker the building is evacuated, the less likely people will be hurt.

The familiar phrase “stop, drop, and roll” is always effective in fire situations. The air that is lowest to the ground is the least contaminated, and rolling out will put you at a further distance from a fire. Doing this can help prevent burns, or minimize them if the fire has already done damage.

The combination of functioning fire alarms and fire escape plans can decrease burn injuries exponentially. They alert occupants so they can react quickly to possible life-threatening situations, which saves lives from being caught in a rampant fire.

Read More

Nursing Home Abuse in Massachusetts

Posted by on Oct 24, 2014 in Personal Injury | 0 comments

Nursing home abuse is said to be on the rise in Massachusetts, and this appears to be borne out by disturbing news about perpetrators actually videotaping themselves in their acts of abuse on their charges. Worse, they thought it was funny.

Two former employees of Emeritus at Farm Pond in Framingham, MA admitted that they recorded slapping and degrading at least two of the residents with Alzheimer’s disease in the assisted-living facility because they thought it was amusing. The two staff members were identified as 18-year-old Damaris Diaz and 25-year-old Samuel Ayekple.

Diaz and Ayekple took turns abusing first a partially naked 78-year-old female resident and then a 71-year-old male. The two were arrested when a report of the abuse reached the Framingham police department and have been arraigned for three counts of elderly assault and battery and two counts of videotaping a person in a state of nudity. Their trial is pending, but the families of the abused residents would do well to consult with a Massachusetts personal injury attorney about filing civil suits against these supposed caregivers.

Another report from a local news team investigated several nursing homes in Western Massachusetts and saw ample evidence of nursing home abuse and neglect including but not limited to improper storage of food, overmedication, inadequate grooming and poor hygiene of residents, unhealthy environments, and inadequate supervision of residents. This is a matter of grave concern for state regulators as well as residents who were horrified upon learning how the elderly were being treated in these facilities.

But nursing home abuse and neglect is hardly a new problem. It is estimated that one in three nursing homes have been cited for violating state codes regarding the care and well-being of their residents. It does not excuse it, but it is a strong indication that those who have relatives in such facilities should be vigilant about their situation.

If you suspect nursing home abuse or neglect of your elderly relative, do not hesitate to report it to the proper authorities for investigation. You may also want to consult with a nursing home abuse lawyer in the area to find out your legal rights and options.

Read More

What Kind Of Lawyer Do You Need?

Posted by on Aug 29, 2014 in Personal Injury | 0 comments

These days, people turn to lawyers to help them with a variety of different legal issues. No matter what your reason is for needing a lawyer, finding the right one can be quite difficult. The following article has some great advice that will help you find a lawyer who has you in their best interest.

Try to avoid a lawyer that does not have a specific area of law they specialize in. There are lawyers all over that specialize in different fields of study. Hiring one of them will increase your chances of success since the person you hire will know exactly what they are doing once they step into the courtroom. Some lawyers have a focus on certain areas of law, like pharmaceutical litigation, and keep up with developments as they arise, such as the recent trend of Viagra melanoma lawsuits.

A general practitioner is not always your best option. You might have a good lawyer you trust, but do not hesitate to hire a specialized lawyer if you need help with an issue your lawyer has no experience with. Do not hesitate to ask your usual lawyer for a referral.

A good tip if you’re thinking about hiring a lawyer is to not get swept away with just the costs alone. Deciding on the cheapest lawyer around isn’t always the best idea, and it can actually cost you more in the long run because they might not be very experienced.

Talk to others about finding a lawyer. Speak to your friends and family and see if they have suggestions. It will save you time and should help you get someone working on your case that much sooner.

People use lawyers for many different reasons. When you find the right one, he or she can make your life a whole lot easier. Make sure you implement the tips and tricks mentioned in the article above when you are conducting a search for an attorney. It is one decision you need to make right.

Read More

Things That You Should Know On Planning Your Estate

Posted by on Apr 5, 2014 in Finance | 0 comments

Many lawyers know the importance of having a proper estate planning, but people are not really comfortable with talking about their death that they prefer to do their estate planning in a later time. However, even accomplishing the minimum would greatly provide relief and relieve guilt feelings (as well as saving loved ones future problems) when death does not. To have better understanding about estate planning, here are some tips that could help.

First, people should understand that writing a will is quite easy to do. There are information and self-help tips that can be found online that could guide you through the basics – generally put down the things that you want a certain person to inherit, and sign it in front of a witness, preferably a lawyer. It does not have to be stored in a special place, but make sure it is kept safe. Make sure your valuable properties – such as life insurance proceeds, real estate, cars, and retirement accounts – are given to those you choose to inherit them; otherwise your spouse is legally the one who will inherit the money you have in your 401(K) plan.

It is important to be specific with what you write on your will. Don’t leave vague statements that could cause hassles or arguments between your families. Make sure know leave family business in the right hands. Inform people who will inherit your properties that they don’t have to pay taxes for their inheritance, particularly federal estate taxes. If you are required to pay for federal estate taxes, then it’s best to consult a lawyer.

Most important thing to remember is that every decision is yours and yours alone. If you do not wish to leave anything to your spouse or children, you can put in your will that they will receive nothing from you. This will make it clear that you did not simply forget about them.

Read More

Medical Uses of Risperdal

Posted by on Mar 15, 2014 in Defective Medication | 0 comments

Most people know that antipsychotic drugs help to manage the symptoms of behavior and affective disorders, but not how. Risperidone (brand name Risperdal) as an atypical (2nd generation) antipsychotic drug acts on the receptors of dopamine, serotonin, epinephrine, norepinephrine, and histamine. It is the initial treatment given to psychotic patients alone or in combination with other mood stabilizing drugs such lithium or valproic acid, depending on the type and seriousness of the disorder, and it is most efficacious when given in the short term.

Risperdal enjoyed immense popularity since it was first introduced in the market in 1993 because it was more effective than 1st generation antipsychotics and patients exhibited less extra pyramidal side effects (movement disorders). This last improvement is thought to be due to the repressive action of risperidone on 5-HT2A/2C (serotonin) receptors at low doses.

Several studies done regarding the effects of risperidone since it was first introduced showed that it is a relatively safe and effective treatment protocol for children and teenagers with schizophrenia and bipolar disorder. Schizophrenia is a neurodevelopmental disorder which is characterized by delusions, hallucinations, disordered speech and thought, and poor social and emotional responses. It often manifests in people during the end of adolescence or in early adulthood, and successful management of the disease is greatly improved when the disorder is caught prior to onset (prodromal). This reduces the disruption in development and lessens the severity of the condition.  Risperidone co-administered with cognitive behavior therapy was found to reduce psychotic conversion at the 6-month prodromal period.

Early intervention (prior to the first episode) is also said to reduce the symptoms and slow down the progression of bipolar disorder. Also typically presenting in late adolescence and early adulthood, bipolar disorder is distinguished by the extreme fluctuations in mood, energy and activity levels. It is considered a serious mental illness because it can significantly disrupt a person’s ability to function.

While risperidone appears to be an effective short-term solution for controlling a wide array of symptoms of mental disease, recent events regarding serious side effects of the drug and subsequent litigation has prompted warnings regarding its use. Ongoing clinical trials and safety regulations are in place to address these issues, which will hopefully result in effective guidelines for safe administration, especially for the most affected populations.

Read More

Family Business Concerns and Estate Planning

Posted by on Mar 8, 2014 in Business, Finance | 0 comments

There was a time when people accepted that the first-born child (or more typically the first male child) would inherit the bulk of the family fortune and provide for the other members of the family. It was also the traditional arrangement that the first-born would be taught the family business and take over from the parents when the time comes. However, this is no longer a practical arrangement from the modern family point of view, so there has been an increased interest in addressing family business concerns with estate planning.

A business is considered property, and for many Americans, the family business represents the bulk of their wealth. Unfortunately, the division of the interest, rights and responsibilities in the business can become a bone of contention among family members even if they more or less knew the eventual disposition of the assets. It can revive old hurts and jealousies, and it is the family business that suffers.

Estate planning eliminates much of the drama that happens after the parent dies. The Mokaram personal injury lawyers‘ website suggests that estate planning is something everyone should do because a fatal accident could happen at any time. Estate planning usually takes the form of wills and trusts that can be brought into play while the property owner is still alive, fostering a more business-like approach to the whole inheritance business. It also takes into account the business law that applies to inheriting a family business, such as taxes on business assets. For example, a trust is a common way to minimize inheritance taxes on a family business.

However, business law on family-business estate planning differs from state to state, and there are many ramifications that most people are not aware of that can significantly impact on the continued viability of the business. When considering how to pass on your legacy to your spouse, children, and other people, it would be best to consult with an experienced estate planning lawyer practicing in your state. This will ensure that everything is shipshape and ready to go.

Read More

Rights Concerning Medical Records

Posted by on Mar 7, 2014 in Personal Injury | 0 comments

One of the basic requirements for a personal injury or wrongful death claim is that serious injury or death resulted from the negligent actions of others. In either serious injury or death, the medical records will provide objective information about the nature and possible causes of an injury or death. In the case of an injury, the records will also indicate the severity as well as the short- and long-term consequences.

In cases such as a negligent car accident, medical records are the key element for substantiating the personal injury or wrongful death claim before it will be accepted in court, and will then become part of the pre-trial discovery phase. It is important that the medical records are complete and verified to stand up under scrutiny, because the defendant’s lawyers (which is usually in the insurance company’s pay) will definitely go over it with a fine-toothed comb.

In general, an individual has the right to view the original as well as get a copy of all his or her own medical records as well as that of others under certain circumstances as provided under federal law, namely HIPAA or the Health Information Portability and Accountability Act. If you are making a claim on behalf of another person, you may request for them if you are the:

  • Designated representative (with written permission)
  • Legal guardian (adult)
  • Legal guardian (child) unless the child’s medical care was court-mandated, the child’s parent preserves the doctor-patient privilege, or parental consent is not required by state law
  • Appointed representative by will or the court for a deceased person, or related by blood in which the deceased’s medical records has relevance for your own health

HIPAA requires health care providers and institutions to provide access to these records within 30 days of the request. Failure to do so compels the healthcare provider to give a reason for the delay.

However, there are some records that the healthcare provider can withhold, such as when the information:

  • May pose a danger to the life of the requester or another person
  • Is slated to be used in preparation for a lawsuit
  • Are notes from psychotherapy sessions

When the provider denies a legitimate request for the records, a letter of denial and explanation should be forthcoming. You may also have the option to challenge this denial.

Read More

The Scope of Securities Litigation

Posted by on Mar 5, 2014 in Business, Finance | 0 comments

Securities litigation is just one of the functions of a securities lawyer, but it is an important one. Because money is primarily the driving force behind securities, navigating its laws and regulations can be difficult. Many a lawsuit resulted from the inadvertent violation of the many laws and regulations to pertaining to securities such as the Securities Act of 1933, the Securities Exchange Act of 1934, Sarbanes Oxley, or the Dodd-Frank Act.

A brokerage firm may make a misstep and find itself in hot water with its clients. A publicly-traded company may be improperly managed and be accused of fraud by its shareholders. A fund manager may decide to take the money of clients for personal use. Such cases will require the services of a lawyer specializing in securities litigation, either to prosecute or to defend.

Because the field is so complex, there are no presumed victims and villains in this play. Securities attorneys may find themselves on either side of the fence, depending on the circumstances. While it is true that securities fraud, insider trading, and malfeasance are often carried out to the detriment of shareholders and investors, securities companies, brokerage firms and other financial services companies have also been hauled into civil court on frivolous and downright fraudulent grounds. Hence the Private Securities Litigation Reform Act of 1995, which provides financial and securities management institutions some protection against unfair litigation.

According to the Peter J. Berman, Ltd. website, securities litigation can be costly, so mediation or arbitration would be better alternatives. But when a dispute can reach no resolution, the courts will have to settle the matter for the concerned parties. To ensure the rights of the opposing parties are protected in accordance with the law, the services of an experienced securities lawyer would be indispensable.

Read More

Bases for Pharmaceutical Product Liability Claims

Posted by on Mar 2, 2014 in Defective Medication, Personal Injury, Product Liability | 1 comment

Product liability is the general term used for claims against a manufacturer, distributor, seller, or retailer of a product which causes injury or harm to the user. When it comes to drug-related claims, however, there are three bases that it may fall under.

One basis for a drug-related product liability claim is defective manufacturing. This may encompass any type of error that makes the drug dangerous which would otherwise be safe. This can be a mistake in the formulation, tainted bottles or syringes, mislabeling, packaging mishaps, or shipping problems i.e. improper storage. An example would be the recent recall of batches of Excedrin and other over-the-counter medications because the bottles may contain the wrong medicine. Any person injured by this type of mistake may have a case against the drug manufacturer or packaging company.

Another basis for a claim would be dangerous side effects. While it is commonly accepted that most drugs even when properly manufacturer do have unavoidable side effects, the drug company still has the duty to warn physicians and patients, especially when they are potentially dangerous. In many such cases, claimants allege that the drug manufacturer knew about the dangers but concealed the knowledge. A good example would be birth control formulations Yaz, Yasmin and Ocella. According to the website of Williams Kherkher, manufacturer Bayer Pharmaceutical knew the drospirenone-based contraceptives increased the risk of developing potentially fatal blood clots 1.5 times more than other types of contraceptives but failed to issue the proper warning.

Last but not least would be improper marketing of the product. Most commonly in drug-related product liability cases, the problem arises when the manufacturer or distributor markets the medication for off-label uses. For example, drug A is approved by The Food and Drug Administration (FDA) to treat illness B, and the label will specify this. But to sell more, the drug company tells its sales force to claim that drug A is also good for illness C and illness D. This is off-label marketing, and it can have serious consequences. This is what happened with the anti-epilepsy medication Depakote, which was being marketed to treat migraines and bipolar disorder although it was not approved by the FDA for these conditions. It caused birth defects in children whose mothers were prescribed with Depakote for migraines during their pregnancy.

If you sustained serious injury from dangerous or defective drugs, you should seek compensation for the pain and suffering it caused. Consult with a personal injury lawyer experienced in handling drug-related product liability cases as early as possible.

Read More