Common Questions About Child Custody and Visitation

Posted by on Feb 18, 2017 in Uncategorized | 0 comments

Fighting for a parent’s right for their children may be one of the most emotional topics covered in the court. It is a good thing that there are certain law offices that have the professional experience on handling such cases, such as the Law Offices of Baden V. Mansfield.

Sure, you can trust attorneys to do everything for you, but it doesn’t hurt to have a background on things that involve child custody and visitation. Here are some of the common questions you should consider to expand your knowledge on the subject.

Are mothers more likely to get custody than fathers?
In the past, children about five years old or below are awarded to the mother, because they are still in their “tender years.” But in recent years, most states are now looking into the child’s best interest without considering his or her age and the gender of the parents.

Does custody go to one parent only?
Most of the time, both parents have some level of custody over the child. It may be joint physical custody and joint legal custody. In joint physical custody, the parents can have relatively equal amount of time spent with the child. In joint legal custody, the parents share decisions that involve the child’s growth, like educational, medical, and religious decisions.

What factors affect the court’s decision?
The court considers many factors in deciding over custody and visitation, but it all boils down to the best interest of the child. As much as possible, the court will want the child to continue its life, avoiding the most disruptions as possible. It is also going to consider the child’s age, health, and mental stability, the parent’s ability to provide food and shelter, and the emotional ties between child and parent.

Can the child select the parent he or she will live with?
The child has the right to choose with whom he or she will go with only if he or she has finally reached a certain age. The age is usually 12 or older. But the choice can still be overridden, especially if it is proven that the chosen parent is not of the best interest of the child. The court is still the absolute authority, so the child’s decision shall not be seen as too controlling after all.

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Bard G2 IVC Filters and Their Dangers

Posted by on Feb 17, 2017 in Uncategorized | 0 comments

The Bard G2 IVC Filter is a medical device surgically implanted in a person’s interior vena cava to catch potential blood clots before they even reach the lungs and cause a pulmonary embolism. It is often implanted on people who are at risk of developing blood clots, may it be because of traumatic experiences like car accidents or other events.

This filter is temporary, meaning that it should be removed after the risk of pulmonary embolism has disappeared or upon the medical professional’s decision. Serious injuries or complications can be sustained if the filter has not been removed after the risk has subsided.

Getting injured because of a device that is supposed to protect you is a tragic experience. Still, many individuals become victims of this horrible experience as if the law doesn’t have enough fangs to regulate the use of these filters.

According to the website of Bard G2 IVC lawsuit attorneys of Habush, Habush, and Rottier, injuries from such medical devices may be subject to a product liability lawsuit.

But what are the injuries you can sustain in a Bard G2 IVC Filter? They can be physical injuries or complications. These include but are limited to the following:

  • Additional blood clots
  • Cardiac or pericardial tamponade
  • Death
  • Internal bleeding
  • Perforation of blood vessels and tissues
  • Perforation of heart, lungs, and other organs
  • Pulmonary embolism
  • Punctured Vena Cava

Device migration and detachment of device components are the most frequent causes of these injuries and complications. The device has a spider-like structure, whose legs may fracture, break, and mobilize to a position where it is impossible to retrieve.

Bard has faced various lawsuits because of their G2 IVC Filter, so don’t be afraid to come forward if you or someone you know has been a victim of a defective IVC filter. After all, the law is on your side.

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Types of Workplace Injuries

Posted by on Feb 16, 2017 in Uncategorized | 0 comments

The workplace can be very dangerous and may cause injuries, not just the physically demanding jobs, but also the typical office jobs. But according to the website of LaMarca Law Group P.C., you may be able to get compensation for workplace injuries, but really, would you trade money for your health?

Prevention is still the better option, and you first step into preventing workplace accidents is to know the different types of workplace injuries that you can be vulnerable to.

Head and Brain Injuries
The brain, and generally the head, is one of the most vital parts of the human body, so an injury to it can have devastating effects. Head and brain injuries typically happen in the workplace because of falling from heights and getting hit in the head by fast or falling objects. These kinds of injuries are particularly common on articulture, construction, emergency medical services, and transportation.

According to an informative article by the Toronto brain injury attorneys at the Mazin Law Firm, brain injury claims often involve brain damage, concussions, contusions, hematomas, memory loss, and seizures.

Neck and Back Injuries
These kinds of injuries are usually the result of overextension of the spine, particularly because of lifting, pushing and pulling, and poor overall posture for long stretches of time. Those who have physically demanding jobs such as in automobile repair, construction, manufacturing, and mining are the most vulnerable to neck and back injuries, but even typical office workers can sustain such injuries, mainly because of poor ergonomics, or improper workstation design that encourages poor posture for long periods of time.

Shoulder and Hip Injuries
Shoulder and hip injuries primarily occur because of repetitive stress on the said body parts, may it be because of physically demanding tasks such as lifting in construction sites and factories, or slip-and-fall accidents.

The workplace is supposed to be safe. Not because you are getting paid to do what you are doing, it already means that you can overexert yourself or intentionally put yourself in a hazardous situation. To prevent workplace accidents, make sure to follow safety regulations, wear protective gears, don’t overexert yourself, and have the proper posture to avoid unnecessary stress to your body.

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Symptoms of Brain Injuries

Posted by on Oct 5, 2016 in Brain Injuries | 0 comments

No organ in the human body is more important than the brain. It serves as the control center of the body. For this reason, any injuries in this organ of the body can have devastating effects. According to the website of Abel Law Firm, persons who suffer from brain injuries is unlikely to recover from their condition. A brain injury can affect a person physically and psychologically affect the person and symptoms do not appear immediately.

Depending on the location of the injury, the symptoms of brain injury may vary widely. For mild brain injuries, the symptoms may include:

  • Lapse in consciousness
  • Sudden forgetful or amnesia
  • Confusion
  • Poor balance or dizziness
  • Blurred vision
  • Bad taste in the mouth
  • Headaches
  • Problems concentrating
  • Memory impairment

For more severe injuries, the injured may experience the following symptoms:

  • Unrelenting headache
  • Nausea and vomiting
  • Seizures
  • Jerking bodily movements or convulsions
  • Comatose states
  • Numbness or weakness in limbs
  • Dilated eyes
  • Poor coordination
  • Agitation
  • Slurred speech

In children, symptoms of brain injury may include:

  • Cranky demeanor or listlessness
  • Loss of appetite or refusal to eat
  • Poor performance at school
  • Disrupted sleep pattern
  • Loss of interest in toys or activities

Other symptoms of brain injury may include excessive sleepiness, inattention, impaired memory, faulty judgment, depression, difficulty switching between two tasks, and slowed thinking. The problem with brain injury symptoms is that they are “invisible” and hence difficult to diagnose. Even the most knowledgeable and trained health professional can find it difficult to tell whether there is brain injury or not. So if there are suspicions of brain injury, the best treatment is to “get checked.” It is better to be safe than sorry.

Brain injuries may entail huge medical expenses on the part of the injured individual. They may require long term treatment and rehabilitation. The support of family and friends may be needed in these difficult times.

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Dangerous Proposals from Trucking Companies’ Lobbyists

Posted by on Sep 28, 2016 in Personal Injury | 0 comments

National Highway Traffic Safety Administration (NHTSA) records for 2013 show 3,964 fatal semi-trailer accidents and 95,000 others resulting to injuries. Despite this alarming numbers, the government remains cautious on imposing too many restrictions on trucking companies and truck operators due to the major contribution their huge vehicles give for the growth of the U.S. economy. In other words, imposing additional laws and restrictions on truckers may only cripple the country’s ability to do business.

The U.S. government has always shown its reluctance in burdening truck operators with higher taxes or in mandating that drivers be given higher wages. Well, let this be the case, at least for now. However, what it should never do is let its guard down against trucking companies’ lobbyists who are seeking and fighting for reforms on laws that will have a direct effect on the safe operation of big rigs, like, reforms on requirements on the qualification of applicant drivers, number of hours or service, safety standard for truck parts, size limit of double trailers, and, maintenance of a record that will show regular truck inspection. This is because specific proposals by trucking companies’ lobbyists include:

The extension of working hours from the already-exhausting 70-hour per week limit to 82 hours a week.
Trucks be allowed to haul loads heavier than the present federal limit, which is 80,000 pounds (one way to do this is to allow trucks to have longer double trailers); and,
Labor costs be reduced through the hiring of lower-paid drivers – those as young as 18;

Many trucking companies and truck operators face the problem of completing job runs and ensuring timely deliveries due to shortage in the number of qualified drivers. To keep their business in operation, many operators and employers now hire unskilled drivers, no longer screen applicants for past records or driving violations, take no action in punishing drivers who incur traffic violations, and require some drivers to drive longer than the allowed number of service.

Errors committed by drivers behind the wheel can have catastrophic results; so too are the errors committed by trucking companies and employers. Trucking companies are legally responsible in making sure that laws regarding employee hiring and safe vehicle operation are strictly observed, as this will greatly affect the well-being of everyone on the road. If and when trucking companies fail to uphold these standards, then they can be held financially responsible for their failure to act in accordance with the dictates of the law.

As explained by the Hankey Law Office, even the smallest abnormality in the operation of a semi-trailer can result in a multi-vehicle accident. Thus, truck drivers must absolutely be qualified and able to control these large trucks in any circumstance or situation. Trucking companies who put unqualified employees behind the wheel put the lives of all other drivers at risk and this is one blatant disregard for the safety of others that the law should never allow to go unpunished.

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