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Law And Legal Help

  • How Alcohol Affects Your Ability to Drive

    Alcohol is the most popular drug in the country. Many respectable members of society enjoy it regularly, but abusing alcohol can have some very serious consequences. It causes long term damage to your health, ruin relationships, and lead to serious accidents. It is so dangerous that every state in the country has made it illegal to drive while intoxicated, and for good reason.

    What Alcohol Does to Your Brain

    Alcohol temporarily changes your brain chemistry. The neurotransmitters responsible for carrying the information you use to make decision are slowed down. This impacts you physiologically, mentally, and emotionally. Your ability to control your muscles and your thought processes is reduced. This is why being drunk cause you to stumble around clumsily. It is also why you are unable to focus, evaluate new information, control your emotions.

    To add to this, alcohol also increases the amount of dopamine in your brain. This chemical is responsible for feelings of euphoria. While you are drunk, your brain is tricked into believing that it is enjoying the sensations. This is why so many people drink alcohol in the first place, but the momentary high also tends to encourage a false sense of confidence in your impaired abilities.

    Driving While Drunk

    Operating a vehicle while you are experiencing all of those effects is dangerous and stupid. With your slower reaction times, you are unable to respond to sudden changes in road conditions. The muscles in your eyes are relaxed making it difficult to focus your vision. You do not evaluate new information you receive as you drive. Signs, markings on the road, and other vehicles are more confusing to you. You lose the ability to multitask making lane changes hazardous. Alcohol induces drowsiness making it more likely that you will fall asleep behind the wheel. You also have less of an ability to distinguish your position, and you are more inclined to make reckless choices.

    Your Blood Alcohol Content

    In California, a blood alcohol content higher than .08 percent is considered legally intoxicated. You are at an increased risk of causing a serious accident and are prohibited from driving. If you are caught driving drunk, you will face stiff penalties including fines, loss of your driving privileges, and jail time. In extreme circumstances, such as when you have caused a fatal accident, you may even be charged with manslaughter.

    Your blood alcohol content continues to rise even after you have stopped drinking, and the effects may not wear off for several hours. On average, your liver can process about one drink per hour. Drinking coffee, taking a cold shower, or getting fresh air does not reduce your level of intoxication. These things only mask the symptoms.

    It is best to avoid driving after having any alcohol. Plan your evenings out, and designate a driver. If you do end up having a few drinks, limit your alcohol consumption and stop after one or two drinks. Keep an eye on the clock and stop drinking long before you ever need to drive. Your personal safety, the safety of others, and your future depend on it.

     

  • What Makes a Lobbying Firm Great?

    When looking for lobbying firms DC, there is an endless collection of ones that are hugely successful, and others that seem to be riding on their coattails. What is it that the good lobbyists do to get the legislation passed or blocked to benefit their clients? Here are a few best practices found in lobbying firms:

    • Offer Easily Digestible Information:  When working toward getting a congressman to support a bill, first there must be an understanding among the constituency of the benefits of the proposed legislation. Good firms work to disseminate simple cause and effect information to the public through use of publicity releases, grass roots presence on street corners and local media throughout their area.
    • Networking Masters: In Washington DC, it’s all about who you know. This extends into the lobbying firms. Those who have the highest capture rate for elections and moving legislation along are those with the highest profile networkers.  Attending fund raisers, parties, lunches, and generally increasing face time with those who vote results in the firm garnering the attention needed to increase awareness of their particular goal.
    • In-depth Understanding of Government: While there is no formal educational certificate for lobbyists, the firms who have the best understanding of how our government works net the best results. There are endless procedures, periods, and formal declarations involved in the making of a new law. Being cognizant of which committee a bill is heading to, who will be supporting it and when members are scheduled for vacations all work together and result in the most effective lobbying efforts.
    • Using Their Grassroots Beginnings: While the nitty gritty of national government occurs in Washington DC for the most part, changes in social norms begin in all the small towns, churches and businesses across the country. The successful lobbying firms in DC include seemingly unimportant individuals in their acquaintanceship and use these small but persistent voices to effect change beginning at town meetings and neighborhood cookouts.
    • All Publicity is Good Publicity: An excellent lobbying firm understands that headlines featured in national media outlets and on the viral web will help their cause whether the story seems to support or undermine their political goal. In order to effect change, first the topic must be in the public’s mind.  That happens through constant and repetitive use of a topic on the nightly news. Lobbying firms DC work tirelessly to ensure that their targeted legislation will be discussed at water coolers and around dinner tables for weeks on end, until the bill is passed or quashed.

    When seeking a lobbying firm to assist your group in achieving their political goals, extensive research and interviews ought to be conducted with the potential firm to ensure you will see the best return on your investment of time, money and effort.

  • Texting and Driving: How Certain States are Cracking Down

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    More and more people are getting into fatal accidents because of texting and driving. Despite multiple awareness programs in the news and relevant media on the dangers of texting while driving, many people still do it. In fact, it is estimated that 25 percent of all accidents are caused by people who were texting while driving, while about 330,000 individuals sustain varying degrees of injuries because of the same action.

    Texting while driving is also categorized as distracted driving and can be quite dangerous as evidenced from the 3,179 deaths and about 430,000 injuries caused by distracted driving in 2014.

    It takes a minimum time of 5 seconds to look at your phone and read a message. While this may not seem like much, the fact is if you are driving at 55 mph, it means that you’d have driven the length of a football field without keeping your eyes on the road. As you probably know, it takes just a split second of inattention to get in an accident on the road. So, taking your eyes off the road for just 1 second is bad enough.

    Anything can happen; from hitting someone legitimately using the zebra crossing at a red light to getting into a collision with an oncoming vehicle, there are just too many possibilities. Now, when you decide to not just read text, but reply, it increases the odds of getting in a crash 23 times more likely.

    As a result, certain states have started enforcing measures to deter the use of cellphones in general while driving. These measures are in the forms of fines, tickets, citations, points added to your license and even misdemeanors. In fact, 46 states including the District of Columbia have completely banned texting while driving and imposed steep fines for offenders.

    The severity of the penalties, however, depends on the state or city in question. For instance, there’s a standard $20 fine for first offenders in California. Repeat offenders, get to pay $50 and upwards with a clear notice of the violation on your driving record. The state of New York on the other hand fines first offenders between $50 and $200 plus an extra $93 fee. Repeat offenders pay anything from $250 to $450. Even worse is that you get five driver violation points on your record. People who accrue up to eleven points get to have their driving licenses suspended.

    Alaska by far, imposes the steepest fines and penalties. Texting while driving is considered a misdemeanor and can attract a fine of up to $10,000 as well as a year in prison. Offenders who cause injury to people because they were texting and driving will pay a $50,000 fine go to jail for five years.

    There are just five states that haven’t yet made texting while driving a primary offense. One of these states is Florida. But, this may not last long going by the efforts of lawmakers. As at Dec, 2015, lawmakers have started clamoring to make texting while driving a primary offense in the state. This means that once passed, law enforcement agents can pull over anyone caught texting while driving, and write them a citation, book them and even arrest them depending on the severity of their offense and the outcome of their actions.

    Texting While Driving and Your Insurance

    Generally, the more infractions you have, the higher your chances of having your driver’s license suspended. Even more is the fact that it can affect your ability to get insurance without paying steep monthly premiums.

    Now, all states have different laws when it comes to insurance and penalties related to driving and texting. So, you will have to check with your state’s laws to get a clear definition on how it can affect your insurance rates.

    Insurance companies will most likely quote higher premium rates because they consider you a high-risk individual if you’ve had one or more tickets courtesy of your texting and driving habits. Every insurance provider has a rate calculating system that will determine how much you get to pay on your auto insurance every year.

    For more information, get in touch with Insurance Land to get a more precise evaluation if you have been written up in the past.

  • How to Know if a Slip, Trip, Fall or Other Accident Is Compensable

    Accidents occur on a daily basis. Whether at work, exercising, out with mates, or even at home, these daily slips, trips, and falls are often minor and forgettable occurrences. However, in some instances accidents cause injury and harm that lasts after the bump is gone and bruise fades. In the United Kingdom alone, over three million people are injured in accidents, including vehicle and workplace accidents, every year.

    When a slip, trip, or fall results in injury or harm that requires medical attention, accumulation of medical bills, loss of wages, and time away from friends and family, it can become an overwhelming and disheartening situation. However, the United Kingdom’s legal system does provide an avenue for individuals to seek compensation and financial recovery for personal injuries. The difficult part for many people is determining if they are entitled to compensation for their situation.

    Speak with Legal Counsel

    If you were involved in a slip, trip, or fall that resulted in harm, injury, or loss of wages, it is a great idea to contact a UK claims lawyer. Speaking with a solicitor is the surest way to determine if a claim for compensation is justifiable in your situation, and a lawyer will make the complicated process of personal injury law much easier to navigate. The lawyers at ukclaimlawyers.co.uk are experienced, knowledgeable, and able to schedule a first consultation in a timely manner to provide the legal representation you deserve.

    Consider Who Was at Fault

    If you do not feel comfortable enough to contact a lawyer at this time, you still want to think about the facts of your situation and how your case compares to compensable personal injury claims. Often these injuries were the fault of another person, a government council, or a company. However, you will need to prove this to have a successful compensation claim.

    There are a number of instances when a slip, trip, or fall clearly resulted from another person’s negligence or actions. If your accident occurred because of a tree root, cracked footpath, or faults within a crosswalk, the blame falls with the local authority. When slips, trips, and falls occur on council-owned property due to poor maintenance, there is a good chance of recovery. However, accidents resulting from stray property on a footpath or crosswalk are not the responsibility of the local council.

    Slips, Trips, and Falls on Private Property

    The same logic used to determine that local counsel has responsibility for certain accidents applies to a slip, trip, or fall that happens in a store, restaurant, workplace, or other piece of personal property. Each of these establishments must comply with specific health and safety standards for the benefit of customers, visitors, and employees. When a fall results from an electrical cord across a hallway at work or puddle of water in a shopping centre, it is likely the responsibility of the property owner. However, in these cases it can be more difficult to compile sufficient evidence, and the earlier you are in touch with a solicitor, the better.

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    Drinking and driving is a serous offence!

    Auto collisions are the main reason for death for youngsters between the ages of 15 and 20. Sadly, the reason for death is as a consequence of drinking and driving. Youngsters are at an age where attempting to inspire their associates is more essential than whatever else. They are excessively caught up with having a go at, making it impossible to fit in and seem as though they are develop, that issues of their security take a rearward sitting arrangement. It is vital to guarantee that the youngsters are instructed about the threats of devouring liquor and getting in the driver’s seat. Most youngsters who wind up in the mischance normally think they are sufficiently calm to drive. A driver never feels that they are excessively tipsy, making it impossible to drive, however it is a no doubt understood reality that liquor influences a man’s feeling of judgment. Arbitrary breath tests ought to be completed on the youngsters who have developed exceptionally adroit at covering the scent of liquor.

    There are diverse methodologies that can be utilized to lessen the act of inebriated driving however the most imperative one is instruction. The youngsters need steady messages that advise them of the dangers they take each time they attempt to drive after they have been drinking. Stiffer fines and different disciplines ought to be forced on the individuals who drink and drive. This can turn out to be a hindrance to the young people. Any teen that is discovered driving while plastered ought to have their permit disavowed instantly. The dui charges surrey ought to rise the lawful drinking age to 21 is a decent move however it is not adequate. Adolescents are as yet drinking and this is on the grounds that they know they can escape with it. Measures ought to likewise be taken to force fines on property holders where gatherings serving liquor to minors are considered mindful legitimately

    It is critical for folks to take the activities to screen their kids’ conduct.

    1. It is insufficient for folks to relinquish their obligations and expect the movement security powers, instructors or different gatherings to tackle the full part of teaching the youngsters. The folks themselves ought to assume a noteworthy part. It is vital to discover the drinks your kid is expending. More tightly measures ought to be put set up to guarantee that the underage don’t have entry to alcohol mixed drinks.
    2. It is additionally critical to have vital commercials that are focused at youngsters, letting them know about the perils of letting their companions drive while they are tipsy. Showing the teens to assume liability for one another can be exceptionally useful
    3. Most folks feel like in the event that they put a lot of control on their youngsters’ exercises; they will be meddling with their lives. Giving a tyke an excess of flexibility on the grounds that you think they will love you more is lack of awareness.

     

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    Importance of hiring experienced accident attorney

    When a person get road accident, then he has the right to get compensation for the loss that he had in the accident from the person who becomes the reason for accident. the person may be recklessness during driving their vehicles or he might be drunk and drive so that the accident might be happens. Whatever the reason could be, the reckless people have to give compensation amount for the victim. In order to handle the case legally it is much necessary to put one experienced car accident attorney for your side. Then he will take care about your case legally and make the case to win your side. For this choosing of the best attorney is most important one.

    Guidance to choose the best attorney

    Choosing a professional attorney is very simple procedure. Actually through online we are able to get any kind of services that are making us more convenient where we are able to get so many facilities and do not wanted to have any stress. Actually most of people are getting stress when they come to hire any lawyer for handling their cases. The main reason is people are generally not aware with any court or cases. As they are going to have and face the court official cases the nervousness and tensions will generally occurring to them. As like adding an extra stress the attorney hiring also becomes the difficult task to them. But after the advent of technology people are getting much more convenient and working for wellness of their cases without any stress or tension.

    Just surf on internet about hiring of well professional los angeles car accident attorney around your location. Then you have to filter the company by the reviews that they have got from users and other people. Actually it is very much important in order to get the best kind of attorney for your case. Make sure that the company is well establishes and licensed with the best accredited organization. Then only the lawyer working on the company will also be an accredited person. It is also good in order to know about the previous cases that are been handled by the particular lawyer.      It is very important in order to select the legally trained attorney for you. Then only know the each and every nook and cornet of the case and know the tricks about how to handle the case in easy method.  You can make your payment through online mode.

    After got hiring your attorney in order to handle your cases then it is very important to meet the lawyer in personal. While meeting your attorney it is very much necessary in order get all the details about the accident that you have met. The victim should not tell lie at any cost, then only the lawyer can able to decide and guess the person who did the accident and can able to conclude your amount that you need to be claimed from the other person.

  • The Most Common Types of Personal Injury That Occur in Daily Life

    Common Personal Injury Cases

    Injuries can and do happen every day. Whether they are worthy of a personal injury suit or not is another matter entirely. Some personal injuries are self-inflicted –unintentionally of course-, while others are inflicted by other parties.

    Self-inflicted injuries usually don’t qualify for personal injury claims. If they did, people would do all sorts to themselves to get compensation if they need money or are in a bind. But, if you were injured because of someone’s carelessness or intentionally injured by said party, you can file a personal injury claim against the offending party.

    Your payouts will often be commensurate with the severity of the injury and the at fault party’s insurance coverage. The following are the types of injuries that could lead to liability:

    Slip and Fall

    One of the most common causes of injuries, it is very easy for people to slip and fall during the course of their day owing to the ease with which even the smallest objects can cause it.

    This can be caused by wet floors, ice/snow, banana peels, wet rubber gloves and burst balloons on the floor, small sized stones on the floor, circular objects and so much more.

    The point is that if it happens, the injuries can be anything from mild to severe. And if the property, home or business owner is found liable, the victim can be entitled to some form of compensation.

    Trip and Fall

    Similar to slip and fall, the only difference is that instead of slipping, the victim trips over something. Some examples of what can cause anyone to trip include upturned carpet edges, wires carelessly laid out, wires around the base of chairs, broken/chipped steps, steps with incorrect or inconsistent measurements, and toys or objects left lying around the floor.

    Victims can sue if it’s determined that the objects/cause of the trip was deliberately or unintentionally placed. Property owners who were notified of the defects or possible issues can be sued too.

    For instance, if someone trips and falls down the stairs because of a chipped staircase that the owner refused to repair even after being notified of the problem, the victim can sue for damages, injury, pain, discomfort, lost wages, and medical bills.

    Harm Caused by Defective Product

    Defective products whether released to the public with conscious intent or not, can do considerable damage and harm to the user. For instance, Toyota recently recalled millions of cars because of defective brake pads.

    If anyone was involved in a head-on collision and it was determined that they could have avoided the collision if their brake pad worked, the victim could have sued Toyota and filed for compensation.

    The same applies to products without clear warnings of side effects. If people use these products and reacted badly to them, they could sue the product manufacturer.

    Vehicle Accidents

    When we say vehicle accidents here, we mean vehicle to vehicle collisions, vehicle collisions with stationary objects –like car ramming into a pole or tree-, vehicle hitting pedestrians, and car collisions with pets and animals.

    Depending on the circumstances, vehicle accidents can be grounds for a significant compensation. For instance, if you are involved in a vehicle accident and you were at fault, you may not be able to claim any compensation for repairs or medical treatment.

    But if the other party was at fault, you could file for compensation with their insurance company and yours –depending on your insurance coverage. The same goes for accidents involving stationary objects.

    If you rammed into a culvert or tree to avoid an inattentive pedestrian, you can claim compensation from their and your insurance company too. The same goes for a defective brake, steering or in the case of pre-2006 Hondas, a popped out tire. In these instances, you just might have a case.

    It would be best to consult with an auto accident attorney on this though as it can be a tricky issue. But if caused an accident because you were driving under the influence or your vehicle had faulty parts that you ought to have replaced, then you would be held liable.

    Harm Caused by Dangerous Conditions on Premises

    Dangerous conditions on a premises can be anything from a caved in roof to non-childproofed swimming pool to an unchained dogs. These are all dangerous situations.

    Homeowners or property owners are often advised to keep their homes and properties as safe as possible so that people don’t get injured while on their property.

    For instance, if a guest is bitten by your dog/snake on your premises, the victim can file a compensation claim with your insurance company to take care of the medical bills, discomfort, pain and injuries sustained.

    Some other popular personal injuries you could sustain during the course of your day include back injuries and whiplash, medical malpractice, wrong drug prescription, accidents on construction sites, food poisoning, and harm to children.

    The truth is personal injury cases can be hard to establish as the situations can be tricky. If you feel that you might have a personal injury case, consult with one of the seasoned personal injury attorneys at Heil Law to see if you have a case.

  • What to do in case you are at fault in a car accident case?

    Car accidents, however, sad they may be, are one of the most common road mishaps that occur in various regions of the country. The cause of the accident may be varied, but the innocent victim(s) of the accident can claim compensation from the party at fault. And in case, you happen to be the one responsible for the accident, you are sure to have a tough time ahead. Not only will you have to get medical help for the injuries that you sustain, but also pay for any damages – economic or non-economic caused to the other party or parties.

    ironic car crash as the guy has chrashed into a sign that says new road lay out

    ironic car crash as the guy has chrashed into a sign that says new road lay out

    This can indeed be a grave situation for you and so, you need to get cautious from the very start.

    Stop immediately – It is a common notion amongst drivers to flee from the accident scene that it will save them. But the reality is quite the opposite. If you run from the scene, a simple car accident case will become a hit and run case which is a criminal offense. So, do not panic and run.

    Call for help – If you haven’t been hurt badly, try to call for help or an ambulance if someone else is gravely injured.

    Gather information from the crime scene – If you or the others involved in the accident aren’t too seriously hurt, it is the duty of both parties to gather as much information about the other party as possible. Note down the details of the other driver, details pertaining to the other car involved in the accident, details about the insurance company, details of all passengers (if any), witnesses, others present in the scene, etc.

    Contact your insurance agency – If you are insured, your insurance agency should pay for all the claims made by the plaintiff as long as it is within the limits offered by your insurer. Your insurer will set the ball in action and take the necessary steps so that you can be away from the proceedings of the court. The attorney hired by the insurance company will represent you in the court of law and will look after the entire proceedings on your part.

    Settle fast – If you are sure that the accident was your fault, it would be best for you to expedite the case as much as possible. This will enable you to make the best use of all aspects that may be in your favor. With the passage of time, evidence or other vital facts may fade from the memory, and you may lose whatever you had on your side. Also, you may ask your attorney to settle the case out of court which may often be advantageous for you.

    Find your own lawyer – If you find that your interests are not in line with your insurance company, you may need to hire a lawyer to look after your interests. Lawyers can help ensure that you are out of the problem as soon as possible and have to pay the least possible as compensation. When you visit the http://www.scothouselaw.com/road-and-accidents-claims/ section, you will be able to ascertain whether you need an attorney to represent you separately in case of a car accident.

  • The Essential Roles and Duties of a Public Adjuster

    It is always a good idea to know just what a claims adjuster does even if you are not making an insurance claim at the moment. By doing so, you’ll be better prepared to recover any personal or business loss should it happen in the future.

    What are Claims Adjusters and What Do They Do?

    Insurance companies employ claims adjusters; however there are also independent public adjusters for example in Miami that you can contract if you need to make a claim on your insurance. These professionals wear many hats but their main duty is to investigate and resolve claims. Their job involves interpreting the policy, investigating and then deciding if the insurance policy covers the loss and how much should be paid by the insurance company.

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    How Does the Claims Process Work?

    The first step is to send a notice of loss. When your property gets stolen or damaged, you will need to call your insurance provider so you can have this loss documented. The notice will give the adjuster information so the investigation for the claim can start.

    The basic information that will be needed when making a claim includes:

    • The time, location and date it happened
    • The type of loss (i.e. bodily injury, property, etc.)
    • Type of insurance
    • The claimant’s contact information. You’ll also need to provide the contact details of the insured and their agents and/or attorney.
    • Witness information

    The adjuster will then begin their investigation covering many steps and stages. They will interview the witnesses, claimants and the insured. The site will also be visited and documented by taking pictures and/or videos.

    Physical evidence will be collected and stored (if applicable) and they will also coordinate with the police to access any evidence or records of the event. Medical records and other information will also be obtained. An expert may even be consulted if necessary.

    If you’re the one making a claim, it’s essential to cooperate with the public adjuster. You can ask for copies of the investigation records if your lawyer requires it. Not cooperating will only slow down the process and it may even raise suspicion about the validity of your claim.

    Once the claim is already approved and authorized, the payment will be given to you promptly. The amount may reflect on liens or deductibles against your property that need to be paid. If you don’t think the amount is fair, then hiring your own independent adjuster may be necessary.

    In any case, if you have an attorney then your lawyer’s name will be noted on the check and you’ll need to sign the release, which will acknowledge that the payment has been received. It may also cover the dismissal of any lawsuits (if applicable). Before signing, it’s imperative that you understand and accept everything that is written in the document because once you sign it, it means you fully accept the conditions stipulated therein.

     

  • Plaintiff In Xarelto Lawsuit Who Suffered Stroke Claims Once Daily Dosage Is Ineffective

    In 2011, the U.S Food and Drug Administration approved Xarelto for the treatment of patients who underwent hip and knee replacement surgeries, for prevention of strokes and blood clots and subsequently for the treatment of atrial fibrillation. However, since its approval, this drug has been in the midst of legal controversies, over 3,400 lawsuits and has received two black box warnings as well from the FDA. These controversies and warnings usually herald a product’s recall from the market. Eventually it might not be available to consumers.

     Mass Tort Program And MDL 2592

    Initially, until October 2015, all the allegations against Xarelto can be lumped into two main groups. The first one, consisting of over 550 cases, is a mass tort program in Philadelphia, PA. The second one is a multidistrict litigation (MDL 592) encompassing more than 2,800 cases in a court of Eastern Louisiana. These lawsuits were all filed against the Bayer AG and Janssen Pharmaceuticals; a subdivision of Johnson & Johnson. The main focus of all the complaints was that the blood thinner caused severe uncontrollable internal bleeding which sometimes even proved fatal.

    A New Lawsuit With New Allegations

    Nevertheless, in October 2015 the new lawsuit that was filed was quite different from the usual allegations. It in effect, focused on the fact that the daily dosage of Rivaroxaban did not consider a patient’s weight or size and was hence ineffective. The other blood thinning products available in the market had a twice daily dosing so that the drug remained in the body for 24 hours. In contrast, Xarelto is required only once daily.

    Dosage Problems

    The plaintiff of this radically different case against Rivaroxaban claims that once daily dosage was ineffective for him. He was prescribed Xarelto as a prophylactic treatment against strokes as he had atrial fibrillation. However, he suffered a stroke after taking the drug for only four days. He is further claiming that not only the drug was unable to prevent the stroke as promised, but in fact might have caused it also.