Child Custody Laws

Historically speaking, child custody arrangements are the most contested issue during divorce proceedings. If you are filing for a divorce in Georgia, there are laws governing child custody that you should familiarize yourself with to understand your rights.

The child’s best interests are the primary consideration of the court when making a determination regarding custody, so it’s important to work with a highly-qualified law firm during this process. The court may decide to award joint custody, where both parents share custody of the child at different times, or one parent may be awarded sole custody. Two types of joint custody exist.

The first type of joint custody has to do with major decisions that ultimately affect the child’s future well-being. This is called legal custody. If a parent has legal custody of the child, then they have the final say in matters such as education and religion. The parent with legal custody will also have the responsibility to ultimately decide medical treatments and even extracurricular activities. Although legal custody is important, both parents can usually agree on what is best for their child. If they can’t reach a decision, the legal guardian will be the one to decide.

Physical custody is slightly different, and it refers to the parent who lives with the child at any given time. Both parents can expect to share a fair amount of time and contact with their child when joint physical custody has been awarded. Again, every decision the court makes concerning custody is to protect the child’s best interests.

Parenting Plans

Divorce attorneys are familiar with parenting plans, as the law requires every child custody arrangement to have one. For the agreement to be considered valid, it will have to acknowledge:

  • The fact that a close and consistent parent-child relationship is what is best for the child
  • The hard truth that a child needs change to mature into a healthy adult and parents should be flexible for the child’s sake
  • Physical custody gives the parent with whom the child is with the right to make daily choices and emergency decisions
  • It is important for both parents to have access to their child’s records and information, including educational progress, medical history, and other things that the parent with legal custody has the right to decide.

Once the main concerns have been addressed in the parenting plan, the parents will have to agree on other factors concerning their child’s custody. If they can’t come to an amicable agreement, the judge may decide for them.

Since this blog post doesn’t contain any content that should be considered as legal advice, it may be a good idea to get into contact with a professional. They have a lot of experience and may be able to better help you in your time of need.

Dealing with Wrongful Death Caused by a Trusted Doctor

Death is devastating. Dealing with the passing of a loved one can be emotionally taxing and exhausting. It’s something you should be able to focus on, without having to worry about anything but you and your loved one’s well-being.

Such a vulnerable time in your life should never be more complicated than it has to be. Unfortunately, if your loved one died because of the actions of another, you can’t just mourn them. If you’re suffering was caused by another, you have every right to prosecute them and receive compensation for the suffering they’ve caused.

Having a death caused by a doctor can be especially devastating. We trust and put our lives in the hands of medical professionals every day, and believe that doctors are responsible enough to treat our lives with care and respect. Sadly, this isn’t always true. Sometimes, doctors don’t pay enough attention or make mistakes that can kill their patients. An anesthesiologist that gets their measurements wrong, or a surgeon that makes the wrong cut could change the lives of dozens of people. We put so much trust in doctors because of how much work they put in to get where they are, and to have them break that trust is shocking.

As a small consolation, we have legal recourse in cases such as these. A death caused by medical malpractice can be prosecuted as a wrongful death case. While the settlement from a wrongful death case cannot bring back your loved one or remedy your family’s pain, it can provide some resources to get you through your time of grief, and, most importantly, it gives your family justice. A doctor convicted of medical malpractice is a doctor that won’t be able to negligently harm any more people. It may be too late for your loved one, but it’s not too late to prevent other people from going through what you went through.

If you wish to pursue wrongful death charges against a negligent doctor, it’s essential to have an experienced legal team who can prosecute that doctor to the fullest extent of the law. A negligent doctor is a threat to everyone that they treat, and should be taken seriously in court. An experienced legal team will procure documentation and testimony from other medical professionals proving that malpractice occurred, and will get the deceased the justice that they deserve.

In Massachusetts, the damages received from a wrongful death settlement can be substantial. The hospital that the Massachusetts medical malpractice occurred at can be held accountable for the full wages that the deceased would be expected to produce through the rest of their working life, the value that their presence would have to their loved ones, and funeral and burial expenses. This money can never replace them, but it can make the process of moving on easier. Financial pressure on top of dealing with the death of a loved one can be too much to bear, and removing that stressor can be very important for a family’s path to recovery.

Common Causes and Effects of Spinal Cord Injuries

According to the Centers for Disease Control and Prevention (CDC), there are approximately 200,000 individuals suffering from spinal cord injuries (SCI) in the U.S. and, every year, another 12,000 are added to their number. A spinal injury is caused by a severe trauma to the spinal cord or spinal/vertebral column. This usually results from motor vehicle accidents, acts of violence, fall accidents, or sport-related injuries. Majority of those who sustain injury to the spinal cord are males aged between 16 and 30 years old.

The spinal cord is packed with nerves that innervate our entire body. It forms the Central Nervous System with the brain and serves as the main pathway where information or electrical signals are transmitted from the brain to the different parts of the body. Surrounding the delicate nerve tissues of our spinal cord is the Cerebral Spinal Fluid (CSF), cushioning and protecting it from damage inside the vertebral column.

Nerves in the spinal cord’s upper section control the movement of our arms and our breathing; the nerves in the mid and lower sections of our back allow us to have control on our trunk and legs, sexual function, and bowel and bladder movements. Thus, any damage or harm to the spinal cord (even to the spinal or vertebral column) can cause failure in the transmission of signals from the brain to the parts of the body below the injured area. This can result to paralysis or loss of function on affected parts.

A spinal injury can be due either to a traumatic or a non-traumatic experience. A traumatic spinal cord injury is caused by a sudden blow that can dislocate, fracture or crush an area of the vertebral column; it can result from a car crash, or a knife or a gunshot wound that can pierce and cut the nerves in the spinal cord. A non-traumatic spinal cord injury, on the other hand, is usually the result of an illness, like cancer, arthritis, infection, inflammation or disc collapse of the spine.

Besides lowering blood pressure and reducing control of body temperature, an injury to the spine also causes chronic pains and the inability to effectively regulate blood pressure. Other effects of an injury, as well as their severity, depend on the region actually affected. Loss of movement and feeling in all limbs (arms and legs) implies quadriplegic or tetraplegic injuries. These injuries can also affect the chest muscles which, in turn, can affect our breathing. A paraplegic injury, on the other hand, means loss of movement and sensation in the body’s lower half (including the legs).

The law firm Crowe & Mulvey, LLP says that Patients dealing with paralysis or constant pain will almost always face a great deal of anger and frustration, emotions that can be compounded in situations where the negligence of another caused the injury. While financial compensation is a far cry from a total recovery, an adequate settlement can provide victims with the means to manage the major medical and rehabilitative costs that arise in the wake of a spinal cord injury.

 

 

Pros and Cons of Workers’ Compensation

If you have been injured or have developed an illness while under employment, you may be eligible for workers’ compensation. It is a type of insurance that will cover your treatment costs, offset the lost wages because you are missing time at work, and other possible financial damages associated with the injury or illness.

Filing for workers’ compensation can be a very complex and time consuming process. But when you think about it, everything is worth it because of the advantages of workers’ compensation.

Pros

One of the main advantages of getting settlement is the fact that you are going to receive money. This money can be given in a lump sum or you can receive monthly or even weekly payments. You can immediately have the money to cover your medical bills and get by while you are physically limited.

It also gives you a sense of safety and security, knowing that you will not have financial problems, or at least the financial problems will not be as heavy. This can help in your recovery process, especially if you feel pressured of getting back to work as soon as possible.

Having workers’ compensation also improves your relationship with your employer, and there will be no bad feelings about each other once the worst things happen.

Cons

But workers’ compensation is not always advantageous. If you receive compensation, you need to waive your right to sue your employer. This can be problematic, especially if the injury or illness has been sustained because of employer negligence.

The advantage of getting money can also be a disadvantage in a way. Money that you did not work hard for is very easy to spend, and you might use it on things that are not related to your injury or illness. It is even worse if you get a lump sum instead, as it is harder to budget and you will have the tendency to put the money somewhere, like in the stock market.

The key to maximize workers’ compensation is the proper use of the settlement. Not doing so may put you on a deep financial burden that can affect not just your life, but also the life of your family.

Driving Errors You Probably Do

Some traffic accidents are caused by drivers who are intentionally reckless and negligent, like those who are driving under the influence, speeding, and other careless behavior. But there are also instances where drivers are not intentionally being careless, like how they can be distracted or do unsafe driving practices. Whether intentional or not, being careless can be a major cause of traffic accidents.

According to the website of Panama City car accident attorneys, traffic accidents that have resulted from the carelessness of a party may be subject to an auto accident lawsuit, which is the last thing you want to worry about after medical and property damage costs.

Below are common driving errors you probably do. By knowing these errors, you are one step away from traffic accidents.

Not using mirrors properly
Rear view mirrors and side mirrors are there for a reason. They are not design flaws. They are there to help you see what is behind you and beside you, helping you prevent unexpected collisions from blind spots and the like. If mirrors are not adjusted properly, you will have limited knowledge of the positioning of the other vehicles and objects around you, and that is the very recipe you need for a disaster.

Poor signalling
If mirrors are there to know the current position of the others around you, signals are there to get an idea of their future position. Using signals is very important, particularly in changing lanes and turning into a cross street. If the others around you are aware of your intentions, they can react properly and avoid potential accidents such as traffic collisions caused by sudden lane changing and turning.

Riding the brakes
Putting your foot on the brake pedal even though you have no intention of stopping is a bad driving position, and it has become a bad habit of some drivers. It not only wears your brake system faster, it also confuses those around you, as your rear brake lights are on and they are not entirely sure if there is really a legitimate reason to slow down or stop. Proper foot position is a fundamental aspect of driving, and there is good reason for it.

The best way to avoid traffic accidents is be diligent yourself, and make sure that you are following the proper driving techniques and road safety procedures. They are not there to complicate things. They are there to help you have the safest journey possible.

Hyland’s Teething Tablet Overdose or Belladonna Toxicity, The Cause of Adverse Effects and Deaths in Many Children

Hyland’s Baby Teething tablets provides temporary relief to symptoms, such as simple restlessness and wakeful irritability caused by cutting teeth; it also helps reduce redness and teething discomfort. Hyland’s has always claimed that its products are safe and that these effectively and safely alleviate children’s teething aches and pains.

These claims are re-emphasized by Hyland’s as a response to the warning released by the U.S. Food and Drug Administration (FDA) in September 2016 and due to reports of adverse events and deaths that are said may have been caused by its homeopathic products.

The adverse effects and deaths, if these can be linked to the teething tablets, can most likely be caused by Belladonna, a poisonous plant, which is an active ingredient of Hyland’s products. This Belladonna plant, also known as deadly nightshade or devil’s cherry, possesses medicinal properties that can block functions of the body’s nervous system, making it an useful ingredient in various sedative medications. If not used according to doctor’s instructions, however, it can result to poisoning, the symptoms of which include, seizures, vomiting, excessive sleepiness, difficulty breathing, skin flushing, constipation, difficulty urinating, muscle weakness, lethargy, confusion and blurred vision.

While Hyland’s says that its products contain a small amount of belladonna, the FDA claims that its laboratory analysis shows that Hyland’s tablets contain inconsistent amounts of belladonna. Due to the dangers this may cause, the FDA has warned consumers of the possible dangers Hyland’s teething tablets may pose to children and recommended that consumers stop using these product and dispose whatever may still be in their possession.

Due to Hyland’s Teething tablet overdose or Belladonna toxicity, lawyers are evaluating the possibility of filing a homeopathic teething tablet lawsuit against Standard Homeopathic Company, which owns Hyland’s Inc., in behalf of all the children who have been severely harmed. It will be in the best interest of parents, whose children have shown the symptoms of Belladonna poisoning, to get in touch with a lawyer immediately.

What Damages Can Be Claimed From A Burn Injury Lawsuit?

Burn injuries can have life-changing consequences on its victims. Aside from the emotional trauma, there is also the possibility of being homeless plus the embarrassment that the burns will bring to the victim. According to the Centers for Disease Control and Prevention, approximately 3,400 burn injury deaths occur each year. In 2010, fire-related deaths happen every 169 minutes while fire injuries occur every half an hour.

According to the website of Mazin & Associates Law Firm, burn injuries are associated with prolonged medical care that can drain your finances. If the burn injuries you incurred are due to the negligence of another person, you have the right to recover damages by filing a lawsuit. Of course, there are various factors that can affect the amount of damages that you will receive. The good news is that burn injuries tend to have higher settlement costs due to the pain as well as permanent scarring.

How and Where The Injury Happened?

The manner and location of the injury will play a role in the amount of damages that you can possibly receive. The injury could have happened in the workplace, arson, defective products, or intentional burning– all of these will factor in the determination of damage.

Availability of Punitive Damages

If the burn injury was intentionally caused or due to negligence, the court may award punitive damages to the plaintiff. Punitive damages are designed to punish the defendant for their actions. So if the injury was intentionally caused, the defendant is likely to pay punitive damages as well. However, in the case of gross negligence, this is much harder to predict.

Pain and Suffering

Burn injuries are extremely painful and may cause permanent and severe disfigurement to the victim. The defendant will not only have to pay for the physical pain but also for the emotional suffering. If the face of the plaintiff is badly burned, the damage is likely much higher.

Seriousness of underride collision accidents

Individuals are at risk of suffering serious or even fatal injuries when their vehicle is stuck beneath a commercial truck after a collision. Insufficient underride protection is a truck defect, so individuals may be able to file a claim to secure the finances they need for recovery when they got involve in underride accidents.

Trailers and semitrailer trucks are required by the federal government to have standardized underride guards on both sides and at the rear portion to prevent compact vehicles from going underneath trailers of trucks during collisions. Individuals instantly die or are left with incapacitating injuries when their vehicles either struck the tractor trailer’s rear or sides. This happens because the roof of compact vehicles is crushed, directly hitting occupants in underride collisions even at slow speeds. Such accident is also fatal when the small vehicle is crashed from behind by another vehicle. Oftentimes, underride collisions happens in intersections and when road visibility is poor. When semi-trailer drivers make a turn or cross in an intersection during night time or minutes before the sun goes down, compact vehicles going towards the semi may not immediately notice the side of its trailer that is blocking the road. The situation can be worst if the trailer’s side lights and reflective devices are improperly maintained or are not effective enough in making the trailer highly visible. Heavy trailer trucks, even large enough to be seen, also still need effective lighting system to make it conspicuous at all times. Small vehicle drivers are also at risk of rear underride collisions when truck drivers recklessly make a sudden stop.

An article published in NCBI revealed that side underride guards likely lessen the severity of injuries in underride collisions given that such guards are strategically placed in trucks and are durable enough.

Gas vs. Diesel: Which Is Better?

Car owners, especially the new ones, are almost always in the dilemma of choosing between gas and diesel cars. We only want our engine to be no less than a champion of efficiency without significantly impacting the nature. But to choose which one’s better, we have to understand well how diesel and gas engines work.

How gas engine works

Gas engines are usually made of a series of pistons each housed inside a combustion chamber, where the gasoline-air mixture enters. As the mixture enters the chamber, it will be compressed by the piston, usually up to a ratio of 12:1. The compressed air will then be ignited, usually by a spark plug, which will result in combustion. The force created by the combustion gases would push the piston down, which will push the crankshaft and the whole vehicle into motion.

How diesel engine works

Diesel engines work pretty much the same as gas engines, but with one major difference: they do not need spark plugs. In a diesel engine, only air enters the combustion chamber. Because of this, the piston is able to compress the air so high (up to a ratio of 25:1) that the pressure is hot enough to combust when injected with diesel fuel. Because of higher compression, many car owners are choosing diesel engines because of efficiency and more power, not to mention that diesel fuel is way cheaper than gasoline.

Diesel engine’s drawbacks

Diesel engines have a grimy reputation of ruining Mother Earth when it comes to emissions. Because no ignition is needed during diesel engine combustion, chances are there will be much more unburned fuel released by a diesel engine as compared to a gasoline engine.

Are newer diesel cars the answer to this dilemma?

There are some newer diesel engine cars that boast both diesel power and eco-friendliness. However, this is not always true. The Environmental Protection Agency discovered that some Volkswagen diesel cars are equipped with a “defeat device” that could reduce the amount of pollutants emitted during an emissions test in order to fake emissions test results.

Traumatic Brain Injuries

Traumatic brain injury is not the most common kind of injury yet it is one of the most severe. These injuries occur when an outside force severely injures the brain. In order to be specifically categorized as a traumatic brain injury and not simply a head injury, the injury must directly affect the brain, not just other structures of the head such as the skull.

Traumatic brain injuries are a significant cause of death and can result from a number of circumstances. According to the website of Louisville personal injury attorneys The Sampson Law Firm, some of the most common types of traumatic brain injuries include: “concussions, brain damage, memory loss, seizures, contusions, and hematomas.” Traumatic brain injuries are life threatening medical conditions and should be examined by a professional as soon as possible.

Common symptoms of traumatic brain injuries can vary greatly depending on the severity of the injury. Mild symptoms of less severe traumatic brain injuries can include temporary loss of consciousness, ringing in the ears, blurry vision and lethargy. Symptoms of a moderate or severe traumatic brain injury can include a prolonged headache that will not go away, jumbled speech, difficulty waking, vomiting, pupil dilation and numbness in the limbs. Any of these symptoms could be a sign of a traumatic brain injury and should be taken seriously and treated immediately.

Effects of a traumatic brain injury can be permanent and life altering. Unfortunately, in many cases, a traumatic brain injury was preventable and occurred due to the carelessness of another. Should you or someone you know be the victim of a preventable accident resulting in a traumatic brain injury, you may be entitled to certain damages which can aid in the medical expenses associated with traumatic brain injuries.