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The Most Common Kinds of Property Crimes

Posted by on Jun 14, 2017 in Uncategorized | 0 comments

When you think about crimes, the first things that come to your mind are the most heinous ones, such as rape and murder. But it is important to note that there are various kinds of crimes, and one of the most overlooked kind is called property crime.

According to the website of this Nashville criminal defense lawyer, property crimes are those that involve the taking of the money or items of property. They are distinguished from crimes to persons since they do not necessarily involve threats or physical harm. But it cannot be denied that property crimes still have victims – property owners.

Arson

Arson is a common property crime wherein a person intentionally sets a property aflame with the intention of causing damage to it or destroying it completely. Arson can include big properties, such as houses, and relatively smaller ones, like motor vehicles. Many arson cases are based on rebellion or revenge.

Burglary

Burglary occurs when a person enters another’s property with the intention of committing a crime. Usually, this crime is related to stealing something, such as jewelry and motor vehicles. In fact, theft is so often associated with burglary that some even think that they are synonymous.

Robbery

Robbery is committed when a person is taking a property that does not belong to him using direct violence or threat of violence. What differentiates it from other forms of theft like shoplifting is the violence part. Other forms of theft do not necessarily involve violence, as many of them focus on stealth and other passive tactics.

Vandalism

When you hear the word vandalism, your initial thought includes graffiti. This is understandable, because spray painting another person’s property can be considered vandalism. But do you know that vandalism is more than that? Vandalism is the damaging or destroying of another person’s property, may it be inflicting force such as hitting it with a baseball bat or making it unrecognizable like spray painting on it.

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Expunction vs. Orders of Non-Disclosure: What Will Work For Me?

Posted by on Oct 18, 2016 in Expunction | 0 comments

The weight of your criminal history can prove to be burdensome. For those that have been previously charged or convicted of a crime, it can be difficult to move on and rehabilitate one’s reputation. It doesn’t matter if you’ve already managed to fulfill your legal obligations, your criminal history can cause extreme prejudice that will prevent you from pursuing new prospects and opportunities.

Fortunately, this doesn’t always have to be the case. Through the Texas Code of Criminal Law, those with criminal histories are allowed certain legal options that could help ensure the integrity of their reputations. The most common of these options are expunction and non-disclosure. Expunction refers to the process where individuals can get certain offenses cleared from their criminal records. Meanwhile, an order of non-disclosure begets that an individual’s criminal record be sealed and prohibited from the public. Through an order of non-disclosure, an individual is also freed of any legal obligations to inform employers and other parties about details of their criminal history.

Of course, not everyone can be eligible to petition for expunction and non-disclosure. According to information from the Law Offices of Mark T. Lassiter, Texas law delineates specific criteria for each option. In general, according to http://www.lomtl.com/practice-areas/expunction/, petitioners for expunction should have been charged but not convicted of a crime. Those that were convicted of crimes must have been later acquitted or found not guilty. On the other hand, an order of non-disclosure is meant for individuals that have been convicted of misdemeanor and certain non-violent felony crimes.

Both expunction and non-disclosure are legitimate options that will help anyone determined to move on from their criminal history and start fresh. If you believe that you might be eligible for expunction or non-disclosure, do not hesitate to contact an experience criminal law attorney to learn more about your legal options.

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Common Causes of Garbage Truck Accidents

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

Common Causes of Garbage Truck Accidents

Garbage trucks are essential in maintaining cleanliness and sanitation. Waste management is essential in preventing the spread of diseases so a garbage truck has a very important role. But when they get involved in accidents, the results can often be devastating. According to the website of Williams Kherkher, the size of the garbage truck can make any accident serious or life-threatening. Here we will look at the common types of garbage truck accidents:

  • Driver Negligence. Garbage truck drivers shuttle from one neighborhood to another to collect garbage. They have a strict deadline to meet which can cause them to be tired. They could also engage in other activities such as driving under the influence or while impaired by sickness.
  • Poorly Maintained Vehicle. Garbage trucks perform heavy-duty work thus they require routine maintenance to ensure safe operation. It is not only the truck that should be maintained but also the compacting machine to ensure it is functional.
  • Defective Equipment. Recent advancements in compacting technology has led to the reduction of accidents related to the machine. However, it may still be prone to manufacturing errors.
  • Falling Equipment. When equipment in the truck is not adequately secured they could fall off from the vehicle and cause injury to pedestrian. The same is true with falling debris which could injure the collector or other drivers.
  • Driver Behavior. Garbage trucks move slowly down the street going from one house to another. This may cause the other drivers to eagerly pass the truck without seeing the traffic on the other side.
  • Weather. Garbage trucks need to collect garbage even during severe weather conditions. Rain, snow, sleet, fog may add to potential hazards to the driver.
  • Falls. Garbage collectors ride on the back or on the top of the truck. Chances are they might fall or swept under the vehicle. The vehicle might also suddenly back up on the worker collecting garbage.

 

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The Importance of Quality Hospice Care

Posted by on Mar 16, 2016 in Senior Citizen Care | 0 comments

Watching a loved one struggle to perform even the simplest daily tasks, but worse, bear the unbearable pains and sufferings, the effects of a chronic, terminal illness, can prove too much for any family to bear. Because the effects of a terminal illness affect not merely those who are sick, but also their families, which share the stress and the uncertainty with regard to what the future really holds, a form of medical and emotional aid has been designed to help both patients and their families find the relief they need during their most difficult times. This aid is called Hospice Care.

A specialized form medical assistance for those entering (and those who are already in) the final stages of a terminal illness, Hospice care offers patients the treatments they need, while also underlining the significance of spiritual well-being.

According to the National Hospice and Palliative Care Organization, hospice care attends to the medical, spiritual, mental and emotional needs of patients and their families, helping relieve them of the stress brought about by the illness and allowing everyone’s focus to shift towards closure. According to the National Hospice and Palliative Care Organization (NHPCO), an estimated 1.5 to 1.6 million individuals in the US are receiving Hospice care services. These services are extended to those suffering from Cancer, Dementia, Heart Disease, Lung Disease, Stroke or Coma, Kidney Disease, Non-ALS Motor Neuron, Amyotrophic Lateral Sclerosis, HIV/Aids, or other forms of terminal illness. As against the thought of many that hospice care is intended only for seniors, the NHPCO says that the ages of patients range from 24 years old or below to 85 years old and beyond.

Due to the distinctiveness of patient condition and needs, hospice treatment is, likewise, designed to address these distinctions. Hospice service has four types or levels or care:

Routine Home Care – This is designed for patients whose symptoms can be maintained by physical therapy and medication. Care for patients is provided by registered nurses, counselors and health aide professionals who pay them scheduled regular visits.

In-patient Care – This is for patients suffering from temporarily uncontrolled symptoms and, thus, need constant medical supervision.

Respite Care – Patients are temporarily brought to health facilities where they may stay for five days (though this may be extended). Respite care also allows family members who act as their patient’s caregivers from the stressful, exhaustive and physically strenuous emotional demands and medical routines required by their ill loved one.

Continuous Nursing Care – This type of hospice care is designed as an alternative for patients with uncontrolled symptoms, but who choose not to enter an inpatient facility. Hospice professionals provide patients with a 24-hour aid at the patients’ own home.

Many patients receive different levels of hospice care due to their changing symptoms and medical needs. Hospice needs range from 7 days or less to 180 days. According to the website SeniorAdvice.com, the approximate daily rates for the different levels of hospice care are as follows: hospital care, $1,756.00; nursing facility care, $284.00; routine home care, $100.00; and, private facility care, $200.00.

Patients and their families may avail of government assistance through Medicare and Medicaid; however, these government aids have specific limitations where treatment is the issue.

For Medicare, patients under its Part A and Part B plans are benefitted with payment (by Medicare) for essential medical treatments, like medical prescriptions, supplies, therapy services, and counseling. Medicare, however, does not cover:

  • Treatments to cure an illness (such as when patients seek and try new treatments, medications or surgeries)
  • Payment for room and board if entering an inpatient facility is a voluntary decision of the patient
  • Payment for ambulance transportation or emergency room visits unless these are requested by a trained hospice professional.

While Medicaid, on its part, covers the entirety of hospice expenses for the benefit of those who are very young or with low income, this government aid, like Medicare, does not cover payment for attempts to cure an illness (with the exception of patients under the age of 21). All types of medication and treatment are limited to controlling symptoms and managing pain; thus, pursuit of a curative treatment will result in a loss of benefits from Medicaid.

Hospice care works to help lessen the pains and sufferings experienced by patients; it provides them with all the attention, support, and possible relief that they need and deserve. At the same time, it also helps families achieve a greater sense of peace by allowing them to focus on good memories, rather than burden them with bandaging wounds and administering medication. Hospice care, specifically, is aimed at helping preserve everyone’s quality of life. To be able to provide patients with the type of hospice care they need, it will be best for families to consult with Medicaid and Medicare or with their insurance provider for the best treatment that their loved ones deserve.

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Injuries Due to Anesthesia Errors

Posted by on Oct 26, 2015 in Personal Injury | 0 comments

Anesthetics are strong medicines used prior to surgery or a dental procedure; its effect relaxes, paralyzes or renders a patient unconscious in order to numb away what may be excruciating pain. There are not plenty of records of anesthesiologists committing errors; however, when they do, such errors can result to devastating effects, which include joint injury, nerve damage, spinal cord injury, paralysis, ventilator dependence, airway trauma/damage, birth defect, brain injury, stroke and heart attack.

Prior to delivering the proper dosage of the appropriate drug to a surgical patient, it is important that an anesthesiologist knows a patient’s medical history (so as not to make the patient suffer from any possible adverse effect due to the drug). Once the patient is under anesthesia, he or she will have to be kept comfortable and safe at all times. Patient safety means making sure that the patient undergoing surgery has adequate oxygen levels and does not sustain any injuries (such as joint injuries, which are very common results of patient’s joints being hyperextended or hyperflexed, especially during long surgeries).

Anesthesia has two main categories: Local and General. Local anesthesia reduces or eliminates sensation only in a particular area of the body, while General anesthesia affects the whole body, usually inducing loss of consciousness and halting muscular reflexes. According to the American Society of Anesthesiologists, more than 40 million anesthetics are administered in the US every year, most of these being safe and without side-effects. There are times, though, when the following anesthesia errors are committed due to mistakes and malpractice;

  • Use of defective equipment, such as vital sign monitors;
  • Failure to thoroughly review patient’s medical history;
  • Failure to monitor a patient’s heart rate, blood pressure, respiration, and other vital signs;
  • Failure to monitor a patient before and during anesthesia;
  • Incorrect placement of catheter;
  • Incorrect airway management and intubation during general anesthesia; and,
  • Administration of insufficient doses of anesthesia which affects more than 40,000 patients in the US every year. This error results to anesthesia awareness or awareness during surgery, a situation wherein a patient regains consciousness during a surgical procedure. Though already able to feel pain, the patient is incapable of crying out since he or she would still be paralyzed due to the effect of the drug that induces paralysis (which is different from the drug that causes sedation).

According to the website of Yvonne Fraser, anesthetics are extremely powerful drugs, thus, if administered improperly, can cause a patient to experience unnecessary pain, debilitating injury and even death. Proving negligence as the cause of anesthesia error, however, is not easy. It will require thorough investigation and the skill of interviewing those who were part of the surgical procedure to get from them the necessary information relevant to the case. It may then be wise to seek the assistance of an anesthesia errors lawyer if clues point to the possibility that such an error has been committed on your loved one.

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Are Morcellators Safe for Laparoscopic Surgery?

Posted by on Jun 17, 2015 in Personal Injury, Product Lawsuits | 0 comments

Laparoscopic surgical procedures have been garnering attention and favor from patients everywhere, if the option is available to them. It is thanks to the modern innovation of technological advancements that allow for these procedures to be possible. Laparoscopic surgical procedures are, by nature, simpler and more effective than regular surgery. It allows a more precise handling of delicate tissue and muscle. As a result, the patient thereby does not need as long a time to recovery from surgery and will not suffer from as much discomfort, as is the usual with more traditional surgeries. The minimal intrusion also allows for there to be reduced scarring as most laparoscopic procedures only require about a 0.5 to 1.5 millimeter incisions.

One of the most popular devices used for these procedures are morcellators. Now, morcellators are small, cylindrical tubes that are inserted into the body with a sharp claw at the end. The claw attaches itself to the noncancerous growth and suctions it out of the body, piece by piece. The design allows for there to be precision in the removal of the noncancerous growths and since its induction, it has been stated that there have been at least 50,000 procedures involving a morcellator every single year and its most popular patients are women who need to go through a hysterectomy or the removal of the womb through surgery.

However, there have been claims through several people who have filed a morcellator lawsuit against Johnson & Johnson, stating that use of the morcellation devices were the cause of their acquiring endometrial cancer. These are very serious claims and were well founded enough that the manufacturer actually called for a recall of their three morcellators (Gynecare Morcellex, Gynecare X-Tract, and Morcellex Sigma) in 2014.

If you or someone you know has developed endometrial cancer – cancer that begins in the inner lining of the womb, or the endometrium – it is recommended that legal help and representation are called into the case so that the patient may be given the best care and help possible throughout this horrible ordeal.

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What Is So Dangerous About Monsanto PCBs?

Posted by on Apr 21, 2015 in Personal Injury, Product Lawsuits | 0 comments

Polychlorinated biphenyls, otherwise known as PCBs, have been a huge problem that people though had been eradicated in the late 1970s. This could not be any more wrong – but what is the big deal about PCBs, you may be asking. Plenty is the answer – especially to those people who may be unwittingly living in the most polluted areas in the United States.

There have been studies that have linked exposure to PCBs with a kind of cancer called non-Hodgkin’s lymphoma. This is a disease that first starts with lymphocytes, parts of the body that are found in a person’s immune system. A study from the Environmental Protection Agency involving Rhesus monkeys (a species of primates that have DNA compatible to that of a homo sapien by 93%) proved that exposure to the substance can cause significant physical repercussions such as the drastic shrinking of the thymus gland. The thymus gland is responsible for the stimulation and development of hormones called Thymosin which act as internal combatants. There has been some evidence that PCBs can also cause reproductive or neurological defects in people.

There has been substantial evidence that states that the Monsanto Company is almost solely responsible for the presence of PCBs in the United States of America, with a whopping 99% responsibility. They have been in operation since the 1930s – though some claims state that they had been operating under a different name since the early 1900s – and a note found from within the company brings to light that they have known the hazardous effects of their products since the 1960s, long before Congress issued the ban in 1979.

It is the year 2015 and the effects of Monsanto PCBs are still widely felt, especially in the areas with bodies of water that were frequently used as disposal areas. Not only is the marine life as well as the sediments found in the seafloor affected but the people who reside in that area are also exposed to the substance, sometimes ignorant to their being exposed until it is too late.

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Social Security Disability: Some Terrible, Horrible, Absolutely No Good Days

Posted by on Mar 9, 2015 in Disability | 0 comments

Some days, it is tempting to wish that everyday could just be normal. When everyday could simply be a day when nothing particularly life-altering happens, there can be some kind of peace. There is serenity that can be found in routine – and all of that can evolve to stress, bitterness, and grief in a matter of moments due to personal injury.

Such is the case of those who fall into the terrible fate of personal injury. According to the website of Ritter & Associates, the injury sustained can long extend to not just the physical pain of the victim but also touch many other aspects of that person’s life such as their capability to do their profession or psychological trauma or condition that is a direct result from a devastating accident. This can amount to large sums of money in order to pay for medical bills but there is also the professional loss wages to think about. Some injuries can even result into permanent disabilities.

The website of the Indianapolis Social Security disability lawyers at the Hankey Law Office, P.C. says that the process into acquiring Social Security disability benefits is an arduous task that involves quite a lot of complicated and stressful preparation. Following such a devastating event, it is perfectly reasonable to be dismayed by the prospect of all these things to take care of, on top of everything else that must be done following an illness or injury acquired through the workplace. Some days, it really can be tempting to wish it were just any other day because some days, the burden is too much.

That is why it is of the utmost importance that if you or someone you know is having to go through something like this, a legal dilemma that involves many complicated procedures such as that of applying for social security disability benefits, it is recommended that the legal service acquired is one of which that is professional, specialized, resourceful, and competent in order for your case to be properly represented and for you to receive only the very best compensation package available to you.

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What Can You Do After a Personal Injury?

Posted by on Mar 6, 2015 in Personal Injury | 0 comments

“The needs of the many outweighs the needs of the few,” so the saying goes. That is why there are laws that protect people from the injustice that larger companies can be more than capable of, due to the abundance of resources. However, it is the responsibility of legal professionals to advocate for restitution for “the many” for the few larger brands and names should be held responsible for negligence, if they are.

Any accident can cause serious repercussions to the patient. Some may be quite obvious – like if the injuries sustained are physically observable (e.g. broken bones, disfigurement, deformation), but this is not often the case (e.g. psychological trauma or neurological damage) – ergo requiring expert medical help. The wronged party is eligible to file for personal injury claims should there be evidence that there is a guilty party involved that caused the accident.

As per the definition provided through the website of the Law Offices of Yvonne M. Fraser, there are many different subsets under personal injury. That makes it all the more difficult as there are many subtle intricacies that can further complicate the case in a court of law. That is why, if you or someone you know should ever find yourself in a situation like this (or are already currently in a similar circumstance), it is imperative that you find a legal team that specializes in this very particular branch of law.

Not only do they have the technical knowhow for this kind of legal work but they also have the resources in order to make sure that you are given only the best medical care, as they are familiar with the kind of procedures that you will need, based on the accident that had resulted into injury. Due to their familiarization with the law and the proceedings, they a Tennessee personal injury lawyer is lkely to be more capable of securing a more sound and just compensation package for the victim of the accident.

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Pride and Prejudice and Criminal Defense

Posted by on Mar 4, 2015 in Criminal Law | 0 comments

No one is above and beyond the law. This is a sentiment that is universally acknowledged. However, there are some prejudices present – and have been present for as long as civilization has existed – that often either sway or influence the law, thereby jeopardizing the justice that the law is meant to uphold. This is the case for particular members of society who are given quite a bit more special attention. Take, for example, the case of military personnel who are charged with a criminal offense.

According to the website of the Flaherty Defense Firm, men and women who hold military positions are held at a much higher standard than those who are civilians. Any legal discredit could result into their termination from service. The website of the Law Offices of Richard A. Portale, P.C. says that being put on trial for a criminal charge can be one of the most stressful things that anyone would have to deal with, let alone if the case were to be held under public scrutiny. This situation is unfortunately common to men and women in uniform, especially by advocates of certain political parties. Sometimes, the cases stop being a procedure of justice but rather, become a longwinded argument about an abstract picture instead of the concrete needs of the wronged party.

Criminal laws can sometimes differ from state to state, even. The circumstances of which the defendant is accused, depending on where it happened and to the law that the court in charge of the state law will decide, which is why specialized legal help can be extremely beneficial to the case. So say that yours is a case that falls in the region of responsibility of New York, then a Westchester criminal defense lawyer could be exactly what the doctor ordered.

If you or someone you know is in a situation much like the one stated above, it is recommended that legal services are acquired immediately.

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