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  • Types of Physical Abuse In Nursing Homes Revealed... When an elderly member of the family is placed in a nursing home, they always assume that their elderly loved one will be in good hands. Sadly, this is not happening. There have been reports of physical abuse in these facilities. According to the website of Karlin, Fleisher & Falkenberg, LLC, nursing home abuse can leave the elderly with severe injuries and trauma. According to a study conducted by Cornell University and the New York Department of Aging, elder abuse incidence rate is almost 24 times higher than the number of cases referred to social services, law enforcement, or legal authorities. Psychological abuse is the most common form of...
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What to Know About Adoption

Choosing to adopt a child is a big and important decision that can significantly impact the dynamic of your family. It is also an incredible opportunity to help a child in need of a loving home and to add another loved one into your life. However, the process to adopt a child is often long and complicated, so it is essential that you are fully prepared for what is ahead. Finding the right information to inform your decision can be difficult, but the childcare specialists at The Bump have created an article focused on adoption to help you get started.  Although this is not all of the information you may need, it can help you prepare for the journey that is ahead.

There are some different ways you can go about adopting a child in the United States. Each of these options come with a myriad of choices and decisions you must make about how you will adopt, the relationship you choose to have with the birth family, and how you will fund your adoption. Of these decisions, the first choice you must make is on the adoption path. This will determine how you will go about finding the child that is the perfect addition to your family. The three most common paths families choose include:

  • Finding an agency: this is a relatively stable process that will locate children that are ready to be adopted. They also offer pre- adoption counseling and ensure that the child is the right fit for your family
  • Hiring a lawyer: this is the option that provides the most freedom in locating potential birth families. An attorney can help you find potential matches and manage the legal requirements of adopting
  • Entering the foster system: this path allows you to help children find the comfort and love they need while they are a part of the foster system. Families that choose this route must go through a training program and home inspection before they can take on the role of a foster parent.

After you have decided on the path you wish to take, you must also determine whether you would like to pursue a closed or open adoption. Although closed adoptions are still possible, they are far less common than in the past. A lawyer can help you understand the different rights you may offer to the birth family and how that will affect your rights as a parent.

Adoption is the right choice for many families across the United States, and whether you live in Washington, California, Maine, or Texas, a loving family is a loving family. If you have chosen to adopt, you are about to undertake a rewarding experience, and no matter the path you choose you will make the adoption choices that are right for you and your loved ones. Nevertheless, this experience is still confusing and often frustrating, and you may be concerned that you do not know what to do next. A trusted family lawyer, such as Holmes Diggs & Sadler, can help you understand your rights and help guide you through this process.

Family Farmers’ and Family Fishermen’s Legal Solution to Debt Crisis

If you are thinking about filing for bankruptcy, you must first learn everything you need to know regarding bankruptcy, its different chapters and these chapters’ specific advantages and disadvantages. Afterwards, you can proceed to evaluating your actual financial situation to see if you really need to file a bankruptcy case and, if yes, which specific chapter will help you best.

Bankruptcy is a legal proceeding where debtors (individuals, families or business firms) declare their inability to further pay their overwhelming debts. There are different chapters in the U.S. Bankruptcy Code, each designed to address an individual’s , a family’s or a firm’s financial situation. One of these is Chapter 12 bankruptcy, which is specifically designed for family farmers or family fishermen, to enable them to recover from unmanageable debts.

Family farmers or family fishermen may refer to an individual, an individual and his/her spouse, a partnership or a corporation. To be eligible, however, the debtor should, first and foremost, have a regular annual income (though the law makes an allowance for those with seasonal income). This is just to make sure that the debtor will have enough, regular earnings to pay the debt.

Other conditions required by Chapter 12, include:

  • at least 50% of the farm or fishery is owned by the debtor:
  • with regard to the amount of death, 50% should be due to farming (for family farmers) and 80% should be due to the commercial fishing business (for family fishermen);
  • gross income that came from farming or fishing operation (for the previous tax year) must have been more than 50%; and,
  • the total debt owed does not exceed $4,031,575 for farmers and $1,868,200 for fishermen

According to the Bradford Law Offices, PLLC, Chapter 12 bankruptcy is very similar to Chapter 13 in how it is structured. However, it provides additional benefits not available to those pursuing Chapter 13 bankruptcy, including higher debt ceilings than those under Chapter 13 bankruptcy and increased exemptions from financial obligations.

It is explained by the United States Courts that this Bankruptcy Code provides that only a family farmer or family fisherman with “regular annual income” may file a petition for relief under chapter 12. The purpose of this requirement is to ensure that the debtor’s annual income is sufficiently stable and regular to permit the debtor to make payments under a chapter 12 plan. But chapter 12 makes allowance for situations in which family farmers or fishermen have income that is seasonal in nature. Relief under chapter 12 is voluntary, and only the debtor may file a petition under the chapter.

 

 

Truck Driver Error, a Major Cause of Large Truck Accidents

According to the non-profit research organization Highway Loss Data Institute, there were 3,500 fatal large truck accidents in 2013. In these accidents, 570 truck drivers lost their lives; other victims of these fatal accidents included passengers of smaller vehicles, bicyclists, motorcyclists, and pedestrians.

A number of surveys say that accidents involving passenger cars and trucks are more blamable on car drivers; however, a study conducted by the Federal Motor Carrier Safety Administration (FMCSA) says that trucking accidents are more due to errors committed by truck drivers rather than drivers of passenger cars.

These errors are usually results of many different factors which directly affect a truck driver’s capability to react properly and on time to danger. The top three factors that the FMCSA has identified include driver fatigue, driving too fast for road conditions, and impairment due to alcohol, prescription drugs or over-the-counter-drugs. There are other causes of errors, of course, including speeding, unfamiliarity with the road or vehicle, driving distractions and inattention, improper attachment of trailer, failure to check blind spots, depowering of the front brakes (this is what truck operators commonly do in order to minimize wear and tear on tires and breaks and so save on operating costs), and failure to make sure that the brakes are in good working condition before starting a long drive.

Once on the road, truck drivers can practically do whatever they want, like drive continuously despite feeling fatigued, just to be able to cover as many road miles as possible, or drive over the speed limit or too fast for certain road conditions. Because of these, as well as the fact that driving a truck is just much more challenging than driving any passenger vehicle, both the federal and local authorities make sure that a driver, before being granted a commercial driver’s license, has been given the necessary training in the safe operation of large trucks, has passed the required tests, and is totally aware of how dangerous trucks can be on roads and highways.

According to the law firm Ravid & Associates, P.C,. “Commercial trucks are a common and accepted presence on U.S. highways. Driving amongst them can be intimidating, however, due to their massive size. Although truck drivers are especially trained to drive these vehicles, sometimes they may drive negligently or even make a careless mistake that results in a devastating accident. When this occurs, drivers must be held entirely accountable for any damages in order to cover the costs that victims may be burdened with.”
An Iowa personal injury lawyer, points out, though, how highly complex legal matters can be. Thus, if you are considering pursuing legal action, then it may be in your best interest to secure the services of a qualified truck accident or personal injury attorney.

NFL Players are Paying the Cost of Such Entertainment with Their Health and Long-Term Well-Being

Any type of sports comes with the risk of injury; however, football, being a high-impact sport, has the highest risk of injury. Obviously, football and injuries go hand-in-hand. With all the tackling, blocking and other physical interactions between players, post-game recaps would always include a list of casualties and injuries, including contusions and concussions or injuries that range from minor, but bothersome to severe and debilitating.

The most common football injuries include:

Anterior Cruciate Ligament (ACL) injuries – This knee injury, which is due to damage or tear to the anterior cruciate ligament occurs when a player is struck from the front or rear;

Medial Collateral Ligament (MCL) injuries – This knee injury is a result of forceful impact to the side of the knee.

Torn meniscus – Another knee injury wherein the meniscus (a thin fibrous cartilage or the firm, whitish, flexible connective tissue between the surfaces of some joints) is torn. This occurs when a player rotates his body while his foot stays planted on the ground.

Ankle sprains and strains – This is probably the most common sports injury. The soft tissues of the ankles are susceptible to damage when players pivot, change direction, or put too much pressure on the ankle joint.

Muscle contusions – This is a large, deep bruise affecting large muscles, usually in the thigh. This injury can impair muscle function.

Torn hamstrings – Players who are not conditioned or properly warmed up are prone to this injury, especially after a burst of speed.

Shoulder tendinitis – This is due to the repetitive motion of throwing.

Shoulder separation or dislocation – This is separation of the acromioclavicular joint due to direct blow below the shoulder; a dislocation, on the other hand, occurs when the head of the humerus separates from the scapula.

Though most injuries sustained by professional football players are musculoskeletal injuries, there are two other injuries that are more serious because they affect the brain: Chronic Traumatic Encephalopathy and Concussion.

Chronic Traumatic Encephalopathy (CTE) is a progressive degenerative disease of the brain. It can lead to memory loss, dementia and depression. Concussion, meanwhile, is “a change in mental state due to a traumatic impact. Not all those who suffer a concussion will lose consciousness. Some signs that a concussion has been sustained are headache, dizziness, nausea, loss of balance, drowsiness, numbness/tingling, difficulty concentrating, and blurry vision. The athlete should return to play only when clearance is granted by a health care professional.”

In its website, the law firm Ali Mokaram shares two incidences where two NFL players suffered head injuries: “Cowboys quarterback Troy Aikman suffered a serious blow to the head during the 1993 NFC Championship Game, in which a knee to the head eventually landed him in the hospital that evening. In 1994, Chicago Bears fullback Merrill Hodge retired from football completely following a blow to the head that, according to reports, left him unable to recognize his close family members, including his wife.”

The firm further says, “In the opinion of an increasing number of scientists, NFL players are paying the cost of such entertainment with their health and long-term well-being. Once their playing careers have ended, many NFL players find that the physical toll that playing professional football has taken on their bodies makes them unable to live a productive, healthy life. Some of these injuries include physical pain from broken bones and joint injuries, but increasing evidence shows that many professional athletes also have suffered degenerative brain disease from repeated concussions as a result of playing in the league.”

Types of Physical Abuse In Nursing Homes Revealed

When an elderly member of the family is placed in a nursing home, they always assume that their elderly loved one will be in good hands. Sadly, this is not happening. There have been reports of physical abuse in these facilities. According to the website of Karlin, Fleisher & Falkenberg, LLC, nursing home abuse can leave the elderly with severe injuries and trauma.

According to a study conducted by Cornell University and the New York Department of Aging, elder abuse incidence rate is almost 24 times higher than the number of cases referred to social services, law enforcement, or legal authorities. Psychological abuse is the most common form of elder abuse. Physical abuse in the nursing home is often caused by the following:

  • Nursing home caregivers
  • Physical abuse in nursing homes often comes from caregivers who mistreat or neglect patients. They are often committed intentionally out of frustration. Physical abuse may be due to the lack of staff in the facility and insufficient training.
  • Visiting Family Members
  • In some instances, it is the visiting family members who actually cause physical abuse. This may be due to the patient’s history of abusing his family.
  • Other Residents

Studies have revealed that 20% of nursing home residents are abused by their fellow residents. This happens when staff members or family members are not around. Physical abuse caused by other residents is one of the biggest problems in nursing homes.

Physical abuse may take different forms which may include any of the following: 1) Excessive force; 2) overuse of restraints; 3) battery; 4) withholding of prescribed medication; 5) administration of prohibited medication. When not reported, physical abuse in nursing homes can result to bodily harm, injury, pain, or impairment to the elderly. In severe cases, the physical abuse may cause the death of the elderly.

Scaffold Injuries And The Law

Scaffolds help construction workers work effectively in their assigned areas. The Occupational Safety and Health Administration (OSHA) estimate that 65% of construction workers use scaffolds. Instead of a ladder, scaffolds give the employee a more stable foundation for doing his work. Scaffold injuries are one of the most severe injuries in construction sites. The website of www.kff-law.com reveals that it is the job of the employer to make sure that their workplace is safe.

Scaffolds in construction sites are regulated by the OSHA. The design and construction of such structures must comply with OSHA requirements. Each scaffold and its components must be able to support its own weight and at least four times the maximum desired load without fail. The suspension ropes, on the other hand, must be able to support at least six times the maximum desired load.

Inspection of the scaffold must be done by a competent person for any visible defects. Scaffolds must be erected, moved, dismantled, or altered under the supervision of the said person. Inspection of all components of personal fall protection should also be done by a competent person prior to use. Visible damage or worn equipment should be removed from the site immediately.

The Scaffold Law or the New York Labor Law Section 240 provides protection to construction workers from the potential risks associated with working on and around scaffolds. Violators shall be subjected to absolute liability for failing to provide adequate safety regulations and devices. Under the law, an injured worker need not be an actual employee of the contractor and they are legally liable for any injuries.

The Scaffolds Law involves complicated issues concerning party liability and compliance with safety regulations. For this reason, you need the help of an experienced attorney to enlighten you on the matter. They can help you receive just compensation for the injuries you will incur.

Determining SSI Eligibility

There are four major types of benefits offered by the Social Security Administration (SSA):

  • Retirement benefits;
  • Disability benefits;
  • Benefits for spouses and/or other survivors of a family member who has passed; and,
  • Supplemental Security Income (SSI)

The first three are actually benefits given to Social Security members – employees who have worked in jobs covered by Social Security and who have earned the number of credits required by the SSA (these credits are earned through payment of Social Security taxes which are identified as “FICA,” that is, Federal Insurance Contributions Act. Payment is automatically deducted in employees’ monthly take home pay).

Disability benefits are paid to members (who have sustained total, permanent disability) through the Social Security Disability Insurance (SSDI) program. SSDI is one of the two largest programs of the U.S. Federal government which are designed to provide financial benefits to people with disabilities and to certain other groups of people. The other program is called Supplemental Security Income (SSI); it was created by the SSA in 1974.

SSA was designed to provide cash benefits to aged, the blind, and disabled Americans who are with little or without income; this cash benefit is also meant to help provide for its recipients’ basic needs, which include food, clothing, and shelter (under the SSI program, some legal aliens are also considered eligible to receive the cash benefits).

The Supplemental Security Income is specifically designed for:

  • Disabled adults with limited income and resources;
  • Disabled children who are below 18 years old and who have limited income and resources; and,
  • People 65 years old or older who may be without disabilities, but who meet the financial limits set under the federal benefit rate (FBR).

The word “disabled,” as defined for SSI purposes, refers to physical or mental impairment, (including emotional or learning problem) that:

  • Has lasted or is expected to last for a continuous period of not less than 12 months;
  • Results in severe functional limitations (in the case of children) or in the inability to perform
    any substantial gainful activity (in the case of adults); and,
  • Can be expected to result in the disabled person’s death.

The words “income” and “resources,” on the other hand refer to:

  • Income: money earned from work; money received from Social Security benefits, Workers Compensation, the Department of Veterans Affairs, unemployment benefits, friends or relatives; and free food or shelter.
  • Resources: things personally owned, like: cash; bank accounts, U.S. savings bonds; land; vehicles; personal property; life insurance; stocks, and whatever can be converted to cash and used for food or shelter.

Cash benefits provided under the SSI program offers millions of low-earning Americans the much-needed relief from difficult situations. The Hankey Law Office knows and believes that this financial benefits help improve the quality of life of many individuals, especially the disabled, but who lack the means to undergo treatment. Thus eligible individuals should rightfully receive this benefit which, under the law, is legally theirs. A highly-competent SSI lawyer may be able to provide help in determining whether a person is eligible and, if so, in the preparation and filing of all necessary forms and documents.

5 Most Common Amusement Park Injuries

When people want to have fun and adventure, one of the places they go to is the amusement park. Some rides in these theme parks allow people to try out the extreme and uncover their fears. Thousands of people ride various attractions that theme parks has to offer. From roller coasters to water rides, it gives visitors a form of enjoyment. According to the website of Williams Kherkher, amusement parks can put at risk all the riders who can get injured or even die if a park does not have safety procedures.

According to the Consumer Product Safety Commission (CPSC), a combined 15,000 people were treated in emergency rooms due to amusement-park related injuries. Half of those injured were children ranging from 10 to 14 years old. Children were also involved in three quarters of accidents where a rider falls or is forcefully ejected from an amusement park ride.

In the history of amusement parks, there were some of the worst accidents recorded such as the the one in 2008 when a teenager riding the Batman : The Ride rollercoaster was killed when he jumped the ride’s surrounding fence in order to retrieve his hat at Six Flags in Georgia. In 2007, a 13-year old girl’s feet was severed when a cable of the Superman : Tower of Power ride at Six Flags Kentucky snapped.

Amsuement park rides are regulated by the government. They are categorized into fixed-site and mobile. The former are rides that have permanent fixtures and do not travel from one location to another. Examples of these are those rides found in Disneyland and Six Flags. Mobile rides, on the other hand, travel from one site to another.

Some common amusement park injuries include head, neck, and back injuries from bumper cars or from spinning rides and roller coasters. One of the worst theme park accidents is death from falling or thrown from a ride. Brain injury caused by G-forces and stress on the brain caused by high speed rides or from detached objects hitting the head of the rider. Accidents may also cause lacerations, broken bones, or torn ligaments.

According to the CPSC, there are several factors that can cause injury or death to amusemnt park riders

  • Mechanical Failure – This includes the detachment of safety restraints in the middle of the ride or an important stuctural component breaking down due to manufacturing defect or negligence in maintaining the ride.
  • Improper Operation – When the operator of the ride puts the ride to an abrupt stop or improperly removes the seatbelt.
  • Passenger Misuse – This includes intentional rocking of the car, standing up in the middle of the ride, or not following safety instructions
  • Inherent Nature of the Ride – Sometimes the injury or death is caused by the very nature of the ride itself. Some people complain of headache or dizziness and suffer from cerebral and retinal hemorrhage because of the rapid spinning movement of the rides.

Prevention of amusement park injuries is a responsibility of the owner as well as the riders. For the owner, they should ensure the safety of their rides by adding safety features. For the riders, they can look after their own welfare by following the safety guidelines of the ride.

Understanding Product Liability

Ensuring the products customers buy are safe is really one of the major tasks of the Federal Trade Commission’s institution of Consumer Protection. Besides this, the agency’s additional responsibilities comprise:

  • Taking and investigating customer complaints regarding products that are faulty
  • Putting a stop to the unfair, deceptive and fraudulent practices by enterprise firms
  • Informing companies and customers about obligations, their duties and rights
  • Inventing and enforcing fair marketplace rules
  • Making sure no delusory and makers us labels that are misleading
  • Filing suits against individuals or businesses identified selling defective products or violating customer rights

Unfortunately, however, thousands of court cases remain filed against producer every yr as a result of injury or the harm caused by their defective products. The Habush Habush & Rottier S.C.‘s internet site says that records in the National Center for Health data reveal over 31 million people being injured annually due to the reckless behavior of specific individuals or companies, such as motorists, medical practitioners, company owners, makers, among others.

This irresponsibility’s effect is prolonged to the production of numerous goods, like electronic equipment, security gadgets for children, toys, medical-device, Rx and additional pharmaceutical products, food, automobiles, tools, and others.

There are countless injuries that unsuspecting consumers suffer from because of the safety hazards caused by irresponsible, reckless and uncaring makers. Makers, of course, possess the legal obligation to make sure that their products are absolutely secure and that the labels of the products correctly determine the product’s parts, contain all critical instructions or cautions related to the utilization of the item, and not make baseless statements on precisely what the product can do.

While there is no warranty that those hurt or hurt by defective goods might receive a settlement from the manufacturer of the great that is flawed, being displayed by way of a personal injury lawyer may give better opportunities of having their privileges completely understood by the tribunal to sufferers and so determine with the person. Compensation is meant to protect lost wages expensive treatment and all other present and potential damages caused by the injury.

Accident at an Amusement Park, What Do I Do?

Nobody ever imagines anything bad ever happening at an amusement park. By definition, these are places where happy memories are made with friends and family. There should only be smiles, laughter, and good times had within these walls as everything else just ceases to matter for a little while.

Unfortunately, this is the real world – and sometimes, bad things can happen even in amusement parks.

There is a certain standard of care that is expected for the thrills and attractions that come with these parks. After all, people don’t just sign up for soaring fifty feet into the air only to experience a sudden drop or even the spectacle that are the rollercoasters, if they didn’t have the utmost assurance that it is safe. And it is the duty and responsibility of the amusement park management and administration in order to make sure that before anything is fun and adrenaline-inducing, it is first safe for everyone.

So say that you have been the victim of an accident at an amusement park. The website of the Williams Kherkher personal injury lawyers states a few examples of causes of accidents at places like this as ones that are due to mechanical failure, operator negligence, poorly thought out designs, or the improper behavior of park attendees. Accidents in places like this can mean so much more than just a bruised knee or a forgivable paper cut.

The slightest misjudgment and negligence could mean broken bones, spinal trauma, or even death. Maybe a fire that would then cause burn injury or, along those lines, an explosion might occur.

There are so many variables to consider and the thing about amusement parks is that these variables should have already been considered for you. That you should experience something so awful as an accident within this establishment is something you, by law, should not have to be held accountable for as you have the right to pursue legal action in order to set things to rights.

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