A List Of Helpful Hints To Make Personal Injury Cases More Successful

Posted by on Jul 23, 2014 in Mass Tort Law | 0 comments

If you have recently suffered a personal injury, you know how scary and overwhelming it can feel. The physical effects can be very unpleasant to deal with, especially if it is a pharmaceutical related injury, like the recent testosterone supplement lawsuits. To make matters worse, if you are like most of us, navigating the legal system and knowing what to expect from your personal injury case can be very confusing!

When in a car accident, write down what happened as soon as you are safe to do so. For example, what you were doing when it happened, how you are hurt, what damage there is to your car, what damage there is to the other car, and what you think caused the accident or how the other driver was at fault.

Get out of your vehicle and take photographs of the scene from several different angles. You should take pictures of your vehicle and that of the other party. This is important since it will prove the damages were not exaggerated by you or the person you got into the accident with.

Don’t pay any money up front to a personal injury lawyer. A reputable personal injury lawyer will not require any money up front; in most cases they will offer a free consultation prior to taking your case. During this consultation be sure to ask them about exactly what you will be charged (whether it’s a flat fee or an hourly rate), and if they offer some sort of payment plan.

Hire a lawyer located where the court your personal injury trial will be playing out is located. This ensures they can easily get to the court for your dates, plus they know the local laws and understand them to a “T”. They may also be familiar with the judges and their personalities, which can benefit your case.

Hire a lawyer as soon as possible. If you have been injured, try to start the process of locating a lawyer within a week or two at most. If you have been hospitalized, or are otherwise too injured to do the work yourself, enlist the help of a friend or family member. A lawyer is your best bet for a successful personal injury claim outcome.

Suffering a personal injury is never a pleasant experience. While you cannot change what has happened to you, you nevertheless can educate yourself on the important facts about personal injury law to make your legal experience as tolerable and seamless as possible. You have been through enough already, after all!

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Penalties For Public Intoxication

Posted by on Mar 1, 2014 in Law | 2 comments

Alcohol-related charges in the state of Texas can have severe consequences for those who are ultimately convicted in their cases. However, some convictions do result in more serious consequences than others. Public intoxication convictions, particularly when it is a person’s first conviction, tend to have less harsh consequences than, say, a third-offense DUI or DWI case. However, Texas courts still take public intoxication very seriously and generally handle alcohol-related cases severely in comparison to many other states. Thus, it’s critical that a person both understand the potential consequences facing him or her if convicted and seek legal help in such a situation.

What Determines the Penalties?

The consequences of a public intoxication conviction can vary hugely. Because the circumstances of any public intoxication case can vary greatly, so too can the consequences for a public intoxication conviction. Some of the variables that might factor into a person’s penalties include:

  • Level of intoxication
  • Previous offenses
  • Any damage caused during the incident
  • Any injury caused during the incident

These variables can greatly change a person’s sentence if convicted of public intoxication. Public intoxication charges are not always pursued, as the criteria for making one can sometimes be subjective. An individual has to be acting in a way that the enforcing officer believes is obnoxious, disorderly, or dangerous, which is not something that is easy to prove objectively. The laws for public intoxication vary from state to state, so it’s important to be aware of how your state treats drunken behavior to avoid any potential mishaps or accidental offenses.

Potential Penalties

If convicted, a person might find themselves burdened with the following penalties:

  • Mandatory alcohol-awareness courses
  • Legal monitoring
  • Community service hours
  • Financial penalties
  • Jail time

These consequences can greatly impact a person’s day-to-day life and might even have an effect on his or her permanent record. This is especially true of second or third offenses. As such, it’s very important to do everything in one’s power to ensure that he or she receives fair and strong legal representation to give him or her the best chance at reducing or eliminating the charges or penalties against him or her.

If you or someone you know is facing charges of public intoxication, contact an experienced DWI attorney today to evaluate your case and discuss potential defense options.

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Dividing Assets and Properties in Divorce: Factors the Court Considers

Posted by on Nov 2, 2013 in Divorce | 1 comment

Division of assets, properties, and debts that accompany a divorce case can be an additional worry-filled and taxing experience for divorcing couples, especially if no pre-nuptial agreement was entered into and, more so, if the spouses can not come to agreeable terms. This scenario would particularly be a concern to one of the spouses who chose to take care of the household over pursuing his or her professional career.

Dividing a divorcing couple’s wealth and debts is one related concern that will directly affect each of the spouse’s style of living right after the divorce is complete. Thus, this is one really sensitive issue as it will mean laying down of all finances to enable the judge (handling the divorce case) to make a fair decision on who gets which property and asset and how much debt each of the spouses will have to pay.

Before making any decisions, however, the court will first need to establish which properties and assets are subject to division, meaning, which are non-marital and marital (acquired during marriage). Properties and assets include employer-sponsored 401K or retirement savings plan, retirement and pension plans, life insurance, deferred compensation, commissions and bonuses, mutual funds, stocks and bonds, saving accounts, vehicles, antiques and art, among others. The marital home may be temporarily exempt from the division as it is usually awarded to the custodial parent (if the couple has a child/children) but only until the child finishes high school or turns 18.

Some of the other factors considered by the court in dividing property and assets are length of marriage, the income and/or property contributed (by each of the spouses) into the marriage, each of the spouse’s earning capability and income, their health, ages, and their standard of living during marriage.

Not all states are the same with regard to how their local courts divide property and assets. Unless changes have been made, the 50-50 rule division still holds true in nine states (California, Louisiana, Washington, Arizona, Wisconsin, Idaho, Texas, Nevada and New Mexico). All other 41 states make an equitable distribution, the basis of which is reasonableness and fairness.

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Defining Driver Error

Posted by on Oct 19, 2013 in News, Personal Injury Law | 0 comments

A large number of car accidents in the United States are associated with driver error. Driver error refers to a broad variety of mistakes that a motorist may make behind the wheel which, though it may have been unintentional, creates a danger for others on the roadway. Anyone who is injured as a consequence of an accident caused by driver error may be able to seek financial compensation through a civil lawsuit against the responsible party.

Driver error can take many different forms, but most of these errors result in an increased chance of a car accident and subsequent injury to another person. This injured person could be facing more inconveniences than physical injury. Depending on the severity of an accident and the injuries sustained, emotional trauma is likely and costly medical treatment may be necessary. Coupled with ones missing of work, this can create a significant financial strain as well. Though legal action cannot undo the damage or eliminate the pain, it can help to relieve associated financial burdens.

Forms of Driver Error

Because driver error is such a broad term, it encompasses many different types of mistakes. The following are representative forms of driver error which may have contributed to or caused your accident:

  • Misjudging necessary braking distance
  • Not using turn signals when turning or switching lanes
  • Taking a turn too quickly
  • Depressing the wrong pedal or operating in the wrong gear (for trucks)

These and many other forms of driver error threaten the safety of motorists. If you suspect that you have been the victim of driver error, it is advisable to speak with an experienced car accident lawyer about your possible case.

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What Causes Yaz Side Effects?

Posted by on Sep 22, 2013 in Personal Injury Law, Pharma Law, Yasmin Lawsuits | 0 comments

The fact that Yaz has side effects is not news. In fact, 12,000 people are very much convinced that it is the cause of serious conditions such as liver failure, kidney disease, deep vein thrombosis, stroke, heart attacks, depression, and migraine headaches in women who take the contraceptive and have filed defective pharmaceutical lawsuits. What most people do not know is the mechanisms that cause Yaz side effects.

The active ingredients in Yaz which prevent pregnancies, alleviate premenstrual dysphoric disorder (PMDD) symptoms and act on moderate acne are drospirenone and ethinyl estradiol. In combination, these two hormones comprise what is referred to as a 4th generation oral contraceptive

Drospirenone is a form of progestin, a synthetic progestogen which suppresses ovulation. It is a steroid hormone which also suppresses the water and electrolyte regulating hormones of the body, which can increase potassium levels. This mechanism makes Yaz contraindicated for women with adrenal, kidney or liver disorders because the body is unable to process high potassium levels. This can lead to serious health problems.

Drugs being taken in the long-term that also results in elevated potassium levels should not be used in combination with Yaz. These include:

  • Nonsteroidal anti-inflammatory drugs such as ibuprofen for chronic pain conditions such as arthritis
  • Diuretics for low potassium such as spironolactone
  • Potassium replacing Angiotensin-converting-enzyme (ACE) inhibitors such as Capoten
  • Aldosterone antagonists

Ethinyl estradiol is also a synthetic compound which serves the function of estrogen in the combination. Estrogen has a significant impact on a woman’s menstrual cycle, including the coagulating function. This could be one of the reasons why some Yaz users are at higher risk for forming dangerous blood clots.

Under ideal circumstances, this combination of drospirenone and ethinyl estradiol is the best possible for effective contraception, as well as the aforementioned treatment of PMDD and acne. However, there are significant risks associated with this formulation, which is why women who want to take it should consult with their doctor and provide a complete medical history to get an accurate assessment of the desirability of using Yaz.

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