Dallas Car Accident Lawyer

Bathroom Safety

admin — Tue, 02 Feb 2010 19:41:16 +0000

Bathrooms while being very useful can be the scene of many an accident. Following a few basic guidelines help to keep them safe. What are the possible hazards and how can we minimize them?

Slippery floors

Bathrooms get wet and there is no way around it. Always use bath mats next to the shower and bath. If water gets beyond those areas wipe it up immediately, especially if others are likely to be using the bathroom after you. Use non-slip mats in the shower and bath too especially if you have children or elderly people in the home. Having hand rails by the bath and shower can also help to prevent falls. Public restrooms and offices are required to put out warning signs when floors are wet from cleaning.

Hot Water

There is nothing quite like the luxurious feel of a warm bath or shower but water that is too hot can burn. Always check the temperature before getting into a bath or running shower. If you are running a bath for your self or for children always put in cold water first before running the hot tap. It is much safer to warm up a bath than to cool it down. If you have a baby or young children always remember that their skin is softer and they need cooler temperatures than adults. Test the water temperature with your elbow rather than your hand. Water that feels warm on your elbow is about right for a baby. Keep your hot water cylinder temperature turned down too. 120_F (49_C) is the recommended level for safety.

Medicine cabinets

Hundreds of children are treated in hospitals each week for poisoning. If you have children in your home make sure you have a medicine cabinet that locks. This is where all medicines should be stored and care should be taken not to leave any on the vanity area. Always make sure to store medicines in their original packaging, don’t use anyone else’s medicines and dispose of any expired medicines thoroughly. Medicines are not the only poisoning danger in bathrooms though. Things like shaving creams, hair removal creams and even some hair products can make a child very ill. Keep them locked up just in case. Razors both manual and electric should be stored in the cabinet too.

Electrical appliances

In most countries it is required by law to have special electrical outlets in the bathroom. If your outlets should ever become damaged be sure to have them fixed immediately. Always check that any electric appliances you use are in good condition too. Hair dryers and electric razors should be stored carefully and out of reach of children. If they are left around they could become wet and a potential hazard. Bathroom heaters, fans and towel rails should be properly fitted and again fixed immediately if they become worn or damaged.

Keeping your bathroom safe doesn’t take much time and it could you or your family from a bad accident that could have been prevented.

Related Legal Sources: Premises Liability Attorneys Searcy, Denney, Scarola, Barnhart, & Shipley, Serving All of Florida

What to Do if You are Arrested for Drunk Driving

admin — Mon, 01 Feb 2010 23:13:41 +0000

First of all, it’s important to note that being arrested for drunk driving is not the same as a standard traffic offense, where you’re just given a citation. Most traffic violations are civil matters with usual penalties consisting of monetary fines or a possible temporary license suspension (in most cases). However, a drunk driving offense is a criminal matter – resulting in a criminal record, probation or extended jail time.

But, to begin with, the accused should understand that as with all criminal accusations – they have constitutional rights. One of the most fundamental of those rights is the right to remain silent. They may wish to remember that right should they find themselves being questioned by the police. There are many people who will admit to the police, at the time of their questioning that they, in truth, have been drinking. This may be considered grounds for “probable cause” and will initiate an arrest and diagnostic procedures (usually in the form of a breathalyzer test).

The most expeditious way to understand legal rights and to know how to address any charges or penalties is to consult an attorney who is versed in drunk driving laws. An accused driver may need to consult with a lawyer who understands certain specific points – such as how to call into question the legal reasons for the original stop and to debate the validity of any alcohol blood level diagnostics performed. They may also be familiar with the prior decisions of the judge that is handling the case.

Finally, it is most important that the accused seek qualified legal counsel if they have any prior DUI convictions, as the penalties are usually much more severe for subsequent convictions.

According to M.A.D.D. (Mothers Against Drunk Driving):
·      Over 1.46 million drivers were arrested in 2006 for driving under the influence of alcohol or narcotics. This is an arrest rate of 1 for every 139 licensed drivers in the United States.
·      On average someone is killed by a drunk driver every 45 minutes. In 2008, an estimated 11,773 people died in drunk driving related crashes.
·      A 2008 AAA poll measuring the traffic safety culture of Americans, found that 80% supported requiring drivers who have been convicted of DWI to use equipment that tests them for alcohol, i.e. an ignition interlock device. Also, 88% of the respondents in the poll felt that drunk driving is a serious traffic safety concern.

Please note that this article is for informational purposes only and is not intended as legal advice.

If you have been accused of driving while intoxicated, it’s important to know your legal rights. Click here for more information or contact Bloom Legal – serving clients in New Orleans, Louisiana.

Types of Trust Laws

admin — Mon, 01 Feb 2010 22:48:25 +0000

A Hybrid Trust is a combination of a discretionary trust and a fixed trust. In this type of trust, a fixed percentage of the trust’s property is paid out to any number of multiple beneficiaries, as designated by the settlor. However, once those fixed amounts have been given to the beneficiaries, the remaining assets will be distributed to the beneficiaries according to the discretion of the trustee.

An Implied Trust is somewhat removed from an express trust insofar as some of the original legal requirements of the express trust were not met. Yet, there is a presumption of the settlor’s intentions of creating that trust. A ruling is made, in light of the improperly drafted express trust, and a resulting trust is assumed to be in place, for the benefit of the settlor.

An Incentive Trust is normally used to either encourage behavior or discourage the beneficiary from engaging in certain behavior. This is different from a discretionary trust in that the settlor stipulates the behavior to be encouraged or discouraged and does not leave those decisions up to the trustee.

A Living Trust (or an Inter Vivos Trust) merely designates a trust that is established while the settlor is still living.

An Irrevocable Trust contains terms that cannot be revised until the original purpose of that trust has been completed. However, there are cases when a court can make changes to the trust, should circumstances arise that make the execution of that trust impossible or non-viable economically. This usually only occurs in rare situations.

An Offshore Trust is a trust that is created and resides in a jurisdiction that is different from the jurisdiction that the settlor resides in. This type of trust is usually made in an offshore financial centre (also known as tax havens). Trusts that are created in an offshore jurisdiction are the same as the trusts that are created “onshore”. However, the trust may benefit from certain tax advantages granted by the laws of the offshore country that is housing the trust.

Public and Private Trusts designate trusts that benefit either individuals (private trusts) or public institutions (public or charitable trusts). For an organization to qualify for a charitable trust, it must provide proof that the purpose of the organization is within certain legislative guidelines (such as religious or educational objectives). Public trusts, that qualify, can usually benefit from certain tax advantages.

Please note that this article is for informational purposes only and is not intended as legal advice.

Additional information may be obtained from Florida Probate Lawyer Adrian Philip Thomas, P.A., now serving clients in Fort Lauderdale, Florida. Click here for details.

Sex Crimes

admin — Thu, 28 Jan 2010 22:30:38 +0000

In recent years sex crimes have risen causing those in society to take certain precautions. Women are carrying mace sprays and parents check the local registries for sex offenders in their area. Law enforcement workers are sifting through the internet to track down child pornography websites. This is all due to the rise in sexual offenses that are taken very seriously by our government. There are a variety of sexual offenses that result is severe consequences for the individuals that violate the law.

The general population will tell you the first thing that comes to mind when they think of a sexual crime is rape or sexual assault. Although that is a form of sexual assault, it is not the only one. Other sexual crimes include indecent exposure, child pornography, incest, kidnapping or burglary with sexual intent, and prostitution. While every sexual offense will have a punishment, the age of the victim and the duration of the offense will probably increase the harshness of the punishment.

Rape And Sexual Assault

Contrary to popular belief rape and sexual assault are not the same. They are the most common forms of sexual assault and being able to know the difference will help you know if you have suffered from wither one. Rape is considered first degree sexual assault which is sexual intercourse forced by physical threats, drugs, alcohol, or other means of subduing someone.

“Date rape” is defined as sex between two people who have dated or had a relationship in the past and it is non-consensual. Statutory rape is sexual intercourse where one individual is above 18 years of age and the other is below the legal age. Sexual assault is lower on the totem pole than rape, but still as offensive. Sexual assault is instances such as fondling, groping, attempted rape and other forms of unwanted sexual contact.

Registering As A Sex Offender

The law requires that any individual who has committed and been charged with a sexual offense, whether listed above or not, to register as a sexual offender. The United States has a law that requires the FBI to maintain a database that collects names of individuals who have been released from prison after committing any form of sex crime.

Each of the 50 states has varying laws regarding the residency limitations of sexual offenders. Since 2006 at least 21 states have passed a law that forbids sexual offenders from living in certain areas in a town. More frequently than not, sexual offenders are required to register and are not permitted to reside near an elementary school, daycare, or any other areas that poses a risk for another offense. There are also websites available for those who want to search for any registered sex offenders in their neighborhood.

Additional Legal Guidance: Criminal Law Attorney Michael Lowe. Serving clients in Dallas, Texas.

Personal Injury Basics

admin — Thu, 28 Jan 2010 22:25:28 +0000

If you are involved in a traffic accident, or any other kind of accident for that matter, never admit liability at the scene. Some of us are very quick to think we must have done something wrong, and at the spur of the moment it is easy to take the blame. Try to stay calm. It is often not till after the event that things come back to you as they really were not as you see them in adrenalin driven state.

Get in touch with a qualified personal injury lawyer as soon as you can. Don’t just jump at the first lawyer you come across either. No Win No Fee lawyers can be great and save you a fortune but check out the firm’s reputation first and make sure there are no hidden extras in terms of fees. Be sure to keep any medical records and receipts in a safe place as you will probably need them later if your case goes to court.

Suffering any personal injury is no joke and we often get caught up in the tension of the moment. Always stay as calm as you can and remember the basics. Don’t admit liability. Do take and then keep photos and records. Find witnesses if you can. Contact a personal injury lawyer.

Legal Website: The Jodat Law Group, with offices in Bradenton, Venice and Sarasota. Serving clients across Florida.

What You Don’t Know About Employment Law

admin — Thu, 28 Jan 2010 22:22:51 +0000

It does not matter if you are an employer or an employee, knowing as much as you can about employment law is vital. For an employer it can help save from lawsuits and if you are an employee it can help you know your rights and if they have been violated.

Regulations

You would actually be surprised as to how many rules and regulations there are for employers. Take for example there are 100 statutory instruments, 25 statutes, 36 European directives, and 20 codes of practice, that is over 181 regulations involved with employment law. It can become a little overwhelming for employers trying to follow everything by the book.

Contracts

Many do not know that it is not required to have a written contract of employment. When an employer has offered a job and the employee accepts a contract has been created. Of course, it is in both parties’ best interests to have an actual written contract drawn up.

If there needs to be a change in the contractual agreement, there will need to be permission from any party involved. There are many reasons for a change such as, location switch, pay raise, different job title, or different hours. If either party disagrees n the changes, the contract cannot be changed.

Compromise Agreement

This is a legal document for terminating an employee’s job and means the employee revokes their right to file a suit or claim against the employer. This is given in exchange for the employer to issue a full and final settlement. There are also job loss situations due to the business deciding to stop trading, move to a different site, or a change in the need for their products or services provided.

Time Limits

There is generally a 3 month time limit on claims filed with the Employment Tribunal. This time limit begins on the day of an employee’s termination or date the claim was filed. However, there are special circumstances that allow a claim to be heard past the time limit. For example, the employee filing the claim was in the hospital and as a result the claim could not be made quickly.

Wrongful Dismissal

Some situations occur where an employee feels the appropriate disciplinary process was not followed. Other cases may involve certain circumstances that lead up to the dismissal were not evaluated. These cases are justifiable for an employee to appeal their dismissal.

Monetary Limit

There are many circumstances that provide no limit to the compensation reward for matters such as discrimination of age or race. Then there are other matters that have a limit on the compensation received, each case is different.

Service Time

There are special cases that require a certain time of service provided by the employee before they can file a claim. Discrimination cases have no minimum service time. Wrongful termination generally requires 12 months and redundancy 24 months of time for a claim to be filed.

Additional Legal Tools: The Shavitz Law Group, P.A.. Serving all of Florida and Miami.

What Parents Should Do in Case of Birth Injury

admin — Fri, 18 Dec 2009 15:37:09 +0000

Compensation to parents will depend in the extent of the injury and the effect it will have on the baby’s life. Many times, parents will receive current and future payment for medical expenses. Parents are often awarded for pain and suffering. Before any decision is reached, it needs to be clarified whether a baby’s condition is an actual birth injury, or a defect that may have occurred during labor and delivery under natural causes.

If you think that your baby has suffered a birth injury, you must take four steps. You need to complete a file of medical and health records for you and your baby. Make sure that your baby gets medical attention. You need to hire an attorney who specializes in birth injury cases. These laws are restricted by statute of limitations. Never put off a birth injury case.

If your baby has suffered a birth injury, your case can be very hard to prove. Testimony will need to be provided by a team of practitioners. Evidence will be needed to establish fault.

Make sure that you have an attorney that can evaluate all the facts in the case. You deserve the proper compensation for your baby.

THIS ARTICLE DOES NOT CONTAIN LEGAL ADVICE AND WAS NOT WRITTEN BY AN ATTORNEY.

Listing:

Florida Injury Law Firm Abrahamson & Uiterwyk. Based in Clearwater, FL.

Pedestrian Accidents

admin — Fri, 18 Dec 2009 15:32:41 +0000

You may consider that using an appropriate crossing automatically shows you were not responsible, and generally that is so. However a driver who hits you may be found not responsible either for any number of reasons. One of the most common is visibility. Poor driving conditions such as snow, heavy rain, darkness or sun strike can all cast doubt on proving negligence. So can things such as health factors of the driver and behavior of the pedestrian.

Both pedestrians and drivers have a need to be responsible if we are going to reduce the number of pedestrian accidents on the road. Our city planners need to be made aware of issues too.

86% of pedestrian accidents occur in urban areas. In our fast paced world there has been a lot of push to organize cities to speed up traffic flow. Unfortunately the speedier the traffic flow is the more likelihood there is of pedestrian injury and death.

Drivers need to be responsible and slow down. The faster you are going the less chance you have of reacting and the more damage you are likely to do. School children are especially vulnerable. They are smaller and harder to see, tend to dart out in traffic and have not yet learned to judge speed and distance. Congested pick up and drop off areas around schools are a particular risk for school aged children. If you are picking up or dropping off your children this is a time for extra care.

If you or someone in your family should be involved in a pedestrian accident make sure to gather as much information as you can from the scene and from witnesses. Consult a qualified personal injury lawyer as you may be able to get compensation.

This article is informational and should not be viewed as legal advice.

Additional Legal Pages: The Jodat Law Group. Serving clients in Florida from Bradenton, Sarasota and Venice.

Lost Wages Recovery Information

admin — Fri, 18 Dec 2009 15:26:34 +0000

Lost Wages Compensation

That is why lost wages are allowed to be collected from the party who was responsible for your injuries. Wage loss benefits, formally known as continuation of payment or COP, are available under worker’s compensation laws. These funds provide the equivalent of an employee’s salary for up to 45 calendar days. If the injury is traumatic and an employee cannot return to work after that period of time, compensation for loss of wages can be continued after the 45-day mark. The amount received will vary based on the type of injury sustained. There are specific formulas used to calculate how much and how long the victim will continue to receive benefits.

Earning Capacity

In addition to lost wages benefits, some accident victims may also be entitled to earning capacity compensation if they will not be able to return to their former employment. This is also used in wrongful death cases, to ensure survivors of the victim continue to receive income they need to live on. Earning capacity formulas are complex, and vary based on the occupation of the victim, the age at the time of injury or death and the probability of employment in the future.

If you are injured through no fault of your own, you do have rights. The lost time on the job results in lost wages, which you can recoup from the responsible party. Because methods of calculating lost wages and earning capacity are complex, it is important to hire a professional to represent your interests. A personal injury lawyer can help you make sure you get the compensation you are entitled to so you can focus on healing from your injuries rather than on how you will pay your bills.

This article is informational and should not be considered legal advice.

Legal Tools: Boca Raton Attorneys The Shavitz Law Group, PA. Serving clients throughout Florida.

Home Safety Tips

admin — Fri, 18 Dec 2009 15:22:30 +0000

Outdoor maintenance

If you have a porch, patio or deck be sure to make regular safety checks. Porches can collapse under too much weight especially if there are any rotting boards. Keep them clear of snow as much as you can. Replace any missing paving stones, and keep trees clear of power lines. Check any gates or fences for protruding nails.

Fencing

Fencing is essential if you have a pool, even if it is a small one. Use approved child safety locks on swimming pool gates. Indoor fencing is a good idea if you are likely to have small children around too. If you have a dog always keep it fenced on your property unless you are out walking. Wandering dogs can cause road accidents.

Stairways

Regularly check any steps you may have for any signs of wear and tear. Replace rotting or loose steps. Both indoors and outdoors use non-slip aids on the edge of each step. Provide safe hand-rails and check that they are secure.

Snow and Ice

It is your responsibility to keep your driveway and (in most states) immediate footpath area clear of snow and ice. Watch too for snow overloading on the roof or deck.

Lighting

Always provide adequate lighting on driveways, paths, steps and doorways. Indoor staircases should always be well light at night or at any time when the light may be dim.

Signs

Signs can be very useful (assuming anyone visiting your home can read). Beware of the Dog signs are invaluable. If you are performing maintenance on your home use other cautionary signs as appropriate, e.g. – Caution –wet surface!

Additional Website: The Long Island Law Offices of Elan Wurtzel, PC. Serving personal injury victims in New York.