Pages Menu
Categories Menu

Most recent articles

Tips on preventing toy-related injuries

Posted by on May 26, 2016 in Personal Injury | 0 comments

Before buying toys, parents may want to do the following tips to make sure their children will enjoy their toys and possibly prevent injuries. Toy-related injuries, though preventable, have landed estimated 251,800 children in emergency departments in 2014, a report of the U.S. Consumer Product Safety Commission said.

It is important for parents or any person buying toys for gifts to determine if a particular toy is appropriate for the age of the recipient. The U.S. Centers for Disease Control and Prevention (CDC) suggest that parents should strictly follow the toy’s safety warning mostly if the toy is intended to be used by a younger child. Check if the toy had passed the American Society for Testing and Materials; note that toys that have been certified have “ASTM” inscribed in the toys packaging. Toys that are suited for children ages 10 and above may pose a risk when given to younger children. Children whose age is 1 to 3 years old should not be given toys with small parts that can be accidentally ingested. Parents may want to consult other parents or toy store personnel if the product they are considering to buy is safe for a child. Refrain from buying toys that have sharp edges, rods, or unsafe edges that can cause harm to children. For younger kids, make sure to only buy toys that do not have cords that can cause strangulation.

When buying stuffed toys for younger children, make sure it does not have a zipper where they can accidentally swallow its stuffings. There were some previous reports that suggested toy-related injuries continue to increase as a result of children riding “non-motorized scooters.” Parents who have considerations in buying “ride-on toys” may also want to buy safety gears like helmet, knee and elbow padding. Though such tips may help prevent toy-related injuries to children, the website of the Abel Law Firm says that severe injuries are inevitable when children when they play defective toys.

Carpal tunnel syndrome, what it is and how to prevent it

Posted by on Jan 6, 2016 in Personal Injury | 0 comments

Carpal tunnel syndrome, or CTS, is a condition that occurs when the median nerve supplying the nervous energy needed by the forearm is pressed, or ‘pinched,’ while passing though the carpal tunnel, a cavity enclosed by ligaments and different bones in the wrist. When the median nerve that supplies nervous energy in the forearm is pinched, complications such as numbness, weakness and tingling sensation in one forearm may occur.

Because carpal tunnel syndrome can be a result of forceful, repetitive motions, a Providence workplace accidents attorney may tell you that this condition can be a result of a poorly-designed workplace. Lack of adequate break times to do some stretching and to rest the arms can also result in carpal tunnel syndrome. Assembly line and clerical workers are at highest risk of this disease, although workers who operate heavy vibratory equipment, such as jackhammers, may also be vulnerable.

Apart from occupation, there are other risks associated with carpal tunnel syndrome. Women, for instance, are more prone to this condition because of smaller carpal tunnel. A dislocated wrist, or a musculoskeletal condition affecting the wrists and the hands, can also result in carpal tunnel syndrome. Pregnant or menopause women are also at higher risk of this disease because of fluid retention. Fluid retention that causes carpal tunnel syndrome can also be a result of thyroid diseases, obesity, and kidney damage. Finally, nerve-damaging illnesses such as diabetes and rheumatoid arthritis may also result in the weakening of the median nerve, making you more prone to carpal tunnel syndrome.

If you are experiencing numbness, tingling or weakness in one of your forearm and in your fingers, and if you are at risk of carpal tunnel syndrome, it is important to see your doctor for a prompt treatment. Depending on the severity, your doctor may apply wrist splints and recommend medications to relieve carpal tunnel syndrome symptoms. For more severe cases, surgery might be required.

Wrong Diagnosis Continues to Threaten Patients’ Lives

Posted by on Aug 29, 2015 in Medical Malpractice | 0 comments

In 1990, about 94,000 people (around the globe) died due to adverse effects of medical treatment; this number rose to 142,000 in 2013. In the US, the National Academy of Medicine, an American non-profit and non-governmental organization [called the Institute of Medicine (IOM) until June 30, 2015] says that, every year, medical error is to blame for the preventable death of 44,000 to 98,000 individuals, and the injuries sustained by 1,000,000 others.

Medical errors (or human errors) refer to adverse effects of care which are believed to be preventable; these errors can be the results of health-care providers’ wrongful execution of what actually are appropriate methods of care or the provision of inappropriate methods of care. The errors most frequently committed by doctors and hospitals include medication errors, surgery errors, anesthesia errors, childbirth injuries and misdiagnosis or delayed diagnosis; these errors also happen to be the most common bases of medical malpractice lawsuits.

Misdiagnosis or wrong diagnosis, which claims a big percentage of medical malpractice complaints, has not only caused thousands of deaths in the past, but also continues to put so many lives in danger, especially the lives of those rushed in emergency departments.

Some of the actual cases of misdiagnosis committed in emergency departments include: a 9-year-old girl being diagnosed of simply experiencing stomach pains and then suffering from a ruptured appendix minutes after; a male teenager being sent home after having been given Tylenol for his fever and chills – he died shortly after, due to sepsis, a blood infection; and, a woman, aged 42, who complained of chest pains. Two hours after she was discharged, she suffered a heart attack.

Medical errors (particularly those that cause injury or death to patients) are usually results of medical malpractice, which may be defined as a health-care provider’s failure to provide patients with the accepted standard of treatment. The only probable reasons for this failure are incompetence or lack of skill and negligence.

A Tennessee personal injury attorney may tell you that, despite doctors’ high level of competence, many patients still become victims of wrong diagnosis and other types of medical malpractice.

The effects of wrong diagnosis, in particular, can lead to serious consequences for patients and their families. This is why all health-care providers must be able to accurately diagnose and treat patients’ health complaints. Failure to do so can lead to legal moves by the patients and/or their families, to seek compensation for all the damages they are made to suffer.

Basics of Freight Factoring

Posted by on Sep 24, 2014 in Freight Factoring | 0 comments

If you have never done freight factoring before, you may be unsure of what to expect. Here are the basics of freight factoring.
There are essentially five elements in freight factoring:

  • Trucker
  • Factor
  • Invoice
  • Cash advanced
  • Fees

The trucker or trucking company in its day-to-day operations does a lot of things, but the most important one in terms of freight factoring is submitting the invoice to a client for services rendered. This is based on the agreement between the trucker and client upon the successful completion of the job. The “factor” or third-party company who will buy the invoice has no involvement in this phase of the freight factoring process.

The factor only becomes involved when the invoice is then sent to them for verification and approval. The freight factoring company which check if the service was indeed satisfactorily rendered and if it has been, the factor pays the trucking company the pre-agreed amount to be advanced (anywhere between 60 to 90% of the face value of the invoice). The percentage of the cash advanced will depend on the credit rating of the client. The funds advanced can be in the form of cash, check, or bank transfer between 24 to 48 hours after verification.

Depending on the agreement, the freight factoring company may or may not keep a reserve, which is that percentage of the money due to the trucker which is kept back by the factor until such time as the invoice is paid in full. At this point, the reserve amount is then released to the trucker. Some companies such as TBS Factoring do not require a reserve for non-recourse factoring.

It should be noted that not all clients will meet the requirements of a freight factoring company; a credit check is usually made on the client to determine if they are a bad risk or will provide truckers with a list of pre-approved clients. This is an advantage to truckers, who will then be able to weed out dead beat clients who will probably not be able to pay on time and in full, or at all.

Injury Claims for Motorcycle Passengers after an Accident

Posted by on Aug 8, 2014 in Personal Injury | 0 comments

Being an injured passenger in a motorcycle accident can make recovery of compensation easier to accomplish, whether it would be against the operator of the motorcycle or the other car involved, or even both. Besides being able to file for a personal injury claim against the person or persons who caused the accident, you can also file for a products liability lawsuit if a defect in the motorcycle was what caused the accident. Motorcycle passengers who become injured in an accident often have easier times of getting compensation for injury and damages of opposed to the drivers because the possibility of the passenger being the one who caused the accident is very rare.

For a single-vehicle accident, the injured passenger can file a lawsuit against the operator of the motorcycle. Just as with any negligence cases, the victim should be able to prove that (1) the liability of the person at-fault, and (2) the damages suffered (such as injuries and economic loss). When there are two or more vehicles involved in the accident, the injured passenger can file an injury lawsuit against the operators of all vehicles, except in the event that only one of the operator is clearly the one who caused the accident. In situations where the one who caused the accident flees the scene and was not apprehended, then the injured passenger can then file a hit and run accident under the other driver (and/or your) uninsured drivers insurance policy, but since there are differences in certain laws regarding these policies, it would be best to consult Iowa motorcycle accident lawyer to check which laws apply to your situation.

There are two main causes of motorcycle accidents – one, when the motorcycle carelessly crashes or hits something, or if a mechanical defect in the motorcycle caused the crash. States in the US follow different laws regarding insurance and vehicle accidents, therefore it would be best to have a lawyer guide and assist in filing either a products liability or personal injury claims. To learn more about how a motorcycle lawyer can help you after being hurt in an accident, visit Pete Leehey’s website.

Ride Your Bike Safely Even on Busy Streets

Posted by on Jul 23, 2014 in Personal Injury | 0 comments

For some individuals, riding a bike for a morning exercise, to run an errand or head down to work, is simply more fun than taking a public transport. But when riding a bike, one should blend into the flow of the traffic; bikers should never zigzag along roads, go from street to sidewalk or weave between parked cars. In short, bikers should never make their own road rules, otherwise, in the event of an accident, they may lose their right from receiving compensation as the accident would be due to their own acts of negligence and irresponsibility.

Some expert bikers have shared useful information on how those riding a bike can avoid accidents and stay safe wherever they are headed. Consider the following points from expert opinion:

  • It might be a surprise, but many experts say that the safest way to ride a bike is by being part of the traffic and not by riding on the right edge of the road, very close to the gravel shoulder, as this may be covered with sand or other debris that can cause you to fall;
  • Ride on the right side of the street, at least three to four feet from the gravel shoulder. Along this path, other drivers, even pedestrians, will easily see you. Traffic is also slower at the right side of the road, so this will be a safer path, than at the left, where vehicles run faster;
  • Ride, at least, three feet away from cars parked at the side of the street. This is will keep you safe from car doors suddenly being opened or from cars starting and trying to merge back into the flow of traffic;
  • When riding downhill and your bike begins to run as fast as cars, ride in line with them. Pull a bit to the right, when you begin to fall behind. When passing a car, however, make sure that you pass on its left side; a driver normally expects to be passed on its left side; and,
  • At a red light or at stop signs, stop behind the car that is already stopped awaiting the green light. Never stop at its right side (especially if it’s a truck instead of a car) as it may crush you if it makes a right turn.

There are many other precautions that bikers need to observe when riding, especially at night. But there is no safer and smoother way ever to ride than by observing traffic safety rules and riding with the flow of the traffic. Riding this way is also a guarantee that, if ever an accident occurs, your personal injury lawyer will be able to fight for your rights and earn for you the maximum compensation that the law allows, since you will clearly be without fault in the accident that occurred.

Going through the Divorce Process

Posted by on Apr 17, 2014 in Divorce | 0 comments

Data on marriages and divorces has shown that divorce rates have gone down in the past few decades, although it’s not as visible because of the number of people asking for divorce all over the United States. People who are unhappy with their marriages choose to end it by filing for divorce, thus the need to hire a divorce lawyer. Hiring one will ensure that both parties’ rights as well as interests are upheld. Different factors in a divorce are to be considered and here are some things you should look into if you are seeking to file for divorce:

  • Divorce can happen to just about anyone. You are not the only one who is ending their marriage, and having the courage to say it (albeit that it’s one of the hardest things to face) is important in order to move on with your life. Don’t be afraid of the changes that divorce may make to your life; don’t be afraid to take you shot at happiness.
  • Make sure to keep yourself focused on the divorce. It’s not only about lawyers settling the case; you have to do your part in achieving what you want to happen before, during, and after the divorce. Make goals, not only about the divorce but what you will do after it: plan for your future and save money; divorce is only the door you open, what you do after depends solely on you.
  • The stress of going through the divorce can take a toll on your health, make sure to take a rest and keep yourself healthy. If you are feeling something that is physically troubling you that you think is caused by the divorce, call your family doctor to talk about possible relief or medication. Going to a therapist may also help out clear and refresh your mind and sort out your emotions.
  • If you have children, never disregard their feelings. Make sure that you put the divorce in a positive light in order to keep a healthy relationship with your children (and their possible children). Divorce doesn’t mean you have to be away from your children or that you will not be a part or their life anymore. In the long run, they may be the one suffering the most, compared to the pain you are temporarily feeling now.
  • Find a lawyer you trust and is willing to help you settle the divorce amiably, and is ready to go to court should the negotiations go awry. Make sure you don’t let your emotions control your actions or decisions: as advised by the professional team from Marshall & Taylor, P.C. you should know your legal rights. It is also important to know what to expect from the whole process of divorce; the time it will take, the possible costs you will endure, the rules, and many others. Have honest and constant communication with your lawyer about the proceeding.

Make sure you know what you want in life: divorce is one of the life-changing things that can happen to anyone. You may know what you want now, but have a clear vision of how you will be after going through divorce.


Marshall & Taylor, P.C.

Video Game Violence and Teen Aggression

Posted by on Dec 3, 2013 in Psychology | 0 comments

Most of us have heard that video games can cause teens to develop violent tendencies. Eric Harris and Dylan Klebold, the Columbine shooters, were big fans of a first-person shooter game called Doom. Lt. Col. David Grossman even writes in his book On Combat that “all of [the school shooters] were obsessed with media violence.”

Research seems to support this conclusion as well. A 2000 study, along with several others, found that exposure to visually violent games correlates with an increase in aggression.

Although this may seem convincing, it’s important to take this data with a grain of salt. A 2012 UK study found that although watching violent videos produced a slight (.13 point) increase in aggression, there was no correlation between video game playing and any sort of antisocial behavior.

A 2007 study of peer-reviewed research determined that publication bias was a problem with the majority of the research on the effects of video games. In fact, once adjusted for biases, there was no evidence to support the idea that violent video games increase violent behavior in teens.

These three studies contradict each other. Scientists and psychologists have yet to find a correlation between teen aggression and the use of violent video games.

When analyzing tragedy caused by teen violence, such as the Columbine incident, it’s important to keep in mind that video game violence is most likely not the worst thing kids are exposed to. Video game addiction may be a symptom of mental illness, or even a form of escapism from bullying, sexual abuse, or violence perpetuated against them.

There is simply not sufficient evidence to assume games are increasing aggression in children, let alone to peg it as a primary cause of shootings.

Legal Help When Collecting Child Support

Posted by on Nov 23, 2013 in Divorce | 0 comments

Divorce proceedings present an array of obstacles for couples looking to legally separate. In addition to appropriately dividing financial earnings and property, couples with children must also come to a custody agreement. Depending on the child custody agreement, one parent might be ordered by the court system to provide financial supplementation to the parent with primary custody. The child support money provided is intended to be spent on the child, though the financial allocation is subject to the discretion of the parent with primary custody.

Hiring an attorney can be useful in reaching a child support agreement. In addition to the mediators of a potentially volatile discussion, lawyers well-versed in family law also bring a wealth of legal expertise to the logistics of child support agreements. Lawyers can assists both parents in setting up financial support plans that are able to be amended as the child’s needs or parent’s finances change. Some families find that they need to shift the payment amounts after following a particular support plan for a while. In these cases, whether they payment amount is increasing or decreasing, legal consultation can help both parents reach a satisfactory financial amount.

Child support plan modifications are a convenient and practical resource for families to use should they need to. Lawyers can also help a parent hold the other legally accountable for providing the financial supplementation that they had previously agreed to provide. Informal enforcement of child support agreements can be difficult for one parent to manage on their own. In fact, many people who try to reach informal agreements without legal help often find that they don’t receive as consistent of child support payments as people that utilize the resources that family lawyers provide.

Medical Malpractice is a Serious Issue

Posted by on Nov 7, 2013 in Personal Injury | 0 comments

Medical malpractice is one of the causes of many personal injury claims. The rising number of deaths due to medical malpractice and negligence has made it the third leading cause of death in the United States, following heart disease and cancer. Doctors who are negligently practicing medicine should be brought to justice in order for the overall protection of society. A person can file for personal injury against a medical practitioner if their negligence was the cause of the injury that they have endured.

About 15 percent of personal injury lawsuits are caused by medical malpractice. There are many types of medical malpractice that can lead to personal injury. Here are just some of the most common ones:

  • Childbirth – a medical professional can cause fetal injuries before, during or after the birth of the child. Some common injuries include brain injuries, bone fractures, and Erb’s palsy. Because the child may end up suffering from the injuries, the website of the Crowe & Mulvey, LLP, suggests taking the case to court in order to get compensation for the possible lifetime treatment, rehabilitation and medication of the child. It may not only be the child who is in danger of childbirth injures, but the mother’s health is also in danger.
  • Surgical – mistakes in the operating table often lead to personal injuries. Punctured internal organs, operating on the wrong body part, leaving medical instruments in the body, or failure to administer proper post-operation care that lead to infection could be a basis for personal injury or medical malpractice claims.
  • Medication – it may not be as popular, but medication errors cause serious injuries to about 1.5 million people in the US alone. It may be due to wrong administration of the drug, or giving out the wrong prescription or dosage to the patient.
  • Misdiagnosis or delayed diagnosis – this could lead to the patient developing further complications from their sickness because it is not properly or timely addressed. Also, taking the wrong medication or treatment can cause more stress and aggravation to their bodies and drain their emotional and mental health.

Patients should know that although they may feel like the doctors or other medical professionals treating them have performed lower than the needed standard of care require from them, it is not a strong basis for a personal injury or medical malpractice lawsuit. It is necessary to prove that the negligence is the direct cause of the injury that has caused significant harm and damages to the patient. Because medical malpractice has highly regulated body of rules that vary from state to state, asking help from a legal representative would aid in understanding if you have a strong case and how much compensation you are entitled to.