Social Media Impact on Divorce Proceedings

Posted by on May 28, 2018 in Divorce and Social Media | 0 comments

If you or someone you know is considering filing for a divorce, there are several scenarios where the court might misunderstand your situation and side in your former spouse’s favor. Of course, divorce isn’t about retribution or taking away from your former spouse. The ultimate goal is to amicably separate all assets and provide for your child’s future, based on their best interest. However, that doesn’t stop complications from arising.

In the modern age of internet and all things social media, it is important to remember that your online presence can affect the judge’s first impression of you during the divorce hearings. Divorce lawyers understand that Instagram posts, Facebook rants, and even Snapchat stories can be used against their clients in a divorce ruling. Here is a list of some of the top things to avoid from posting on social media during a divorce:

  • Party photos with alcohol – Child custody might be the most contentious issue during the divorce, and the judge will not be thrilled to see parents partying. That isn’t to say you shouldn’t enjoy your new found freedom, but you should also take time to consider posting compromising photos of yourself with alcohol. The judge will decide who has physical custody and legal custody of the child after the divorce, and they may take your partying into consideration, especially if the child was in your care at the time.
  • Using geotags at inappropriate locations – It’s a great feature to include in photos or checking in with your friends online, but this can be damaging to your child custody case. If you have custody of your child for the weekend, but your friends post a picture of you at a nice restaurant or bar with a few drinks, your former spouse may be curious as to why you would go out when you are so eager to see your child. The best approach is to tell your friends to ask you before they tag you in anything.
  • Flaunting wealth – Attorneys on both sides of the divorce are going to be cross-examining the financial situation of the other spouse, and you should avoid posting expensive purchases or extravagant travels. The other lawyer may be able to use those posts to argue that you have underreported your income, and the judge may be inclined to agree. Law firms review all of the economic information concerning the other spouse to establish an independent financial assessment of both parties.
  • Antagonistic posts with a new partner – It’s okay to be resentful towards your former spouse, but posts that elicit an angry, emotional response can be detrimental to the settlement process. The goal is to end the litigation as quickly and inexpensively as possible and avoid any unnecessarily painful moments. Emotional spouses, however, can be exceptionally difficult to negotiate with, especially if jealousy is a factor. The best advice is to keep your newfound love a social media secret and tell them to avoid posts about you. This includes something as simple as, “I am so happy to have met…”
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The Risks Associated with Being a Construction Worker

Posted by on Sep 2, 2017 in Construction Accident Law, Construction Accidents, Construction Danger | 0 comments

Working in the field of construction comes with inherent risks. Construction workers are heavily trained in safety regulations and rules, but regardless, accidents still happen. With all the proper training, all the safety requirements followed, this line of work is still dangerous. The Bureau of Labor Statistics has solidified the top 10 list of most common accidents, that have led to 774 deaths in the year of 2010 alone.

The most common construction-related accident is falling from extreme heights or scaffolding. According to the Bureau of Labor Statistics, these types of accidents make up 34% of deaths for construction workers. This industry often calls for work to be done at the top of buildings and other high surfaces, so the risks are immense the higher you go up. After falling from high heights, the next most common accident is slipping and falling on the job. Construction workers often have to fix roads, so it is inevitable that they will encounter uneven ground, holes, and stray tools in their pathway.

Construction workers also work with wires and electricity. Not to mention, construction sites are under construction, because they are not finished. Because of their unfinished nature, construction workers are exposed to wires, power lines, and electrical systems which can lead to electrocution, which is the third most common construction accident. Also due to the unfinished nature of the construction sites, things can fall, and things can fall on construction workers, making falling objects the fourth most common accident. Number five, getting stuck in between things, is also due to the danger of an unfinished site.

Just as the electricity is a danger in itself, the left open plugs and electrical circuits, along with gas and piping, can lead to fires and explosions, the sixth most common construction accident. Although it may not seem that dangerous, fatigue and overexertion can lead to heat stroke, making it number seven. The eighth most common mistake is vague, but broadly covering, machinery accidents. Coming in at number nine is the danger of getting hit by a vehicle, due to the proximity these workers are to the road. And finally, the tenth most common construction accident is the collapsing of the trenches they are working in.

If you or a loved one has been injured in a construction-related accident, there is more you can do to help your family survive. Taking legal action can get you the compensation you deserve. Whether that’s $13 million for a fall from a ladder that resulted in a traumatic brain injury, or $3,475,000 for falling through a temporary roof, construction accident lawyers are there to help you. Focusing on recovery is the most important thing after an accident. But, by knowing your line of work comes with inherent risks, familiarizing yourself with the legal jargon behind construction accidents, might help you out in the long run. Regardless of your direct knowledge on the subject, lawyers are there to help you and your family stay afloat.

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Investing Issues: Excessive Trading

Posted by on Jun 22, 2017 in Investment Fraud | 0 comments

A stockbroker or financial advisor earns money every time his client purchases or sells securities. This is inherently not a problem, because this money serves as commissions. But it can be a problem when the stockbroker or financial advisor is intentionally being too active in the trade market just to earn more money from his client. This is called excessive trading.

Those who have been victims of excessive trading may have legal options, such as making the stockbroker or financial advisor accountable for the damages. But when you think about it, avoiding excessive trading itself is much better than going legal about it.

To avoid significant damages from excessive trading, you should look for the following signs:

  • Too many transaction confirmations – Every trade in your account is accompanied by a transaction confirmation. It can be said that receiving too many transaction confirmations is a sign that your broker is excessively trading, especially when you are not really an active trader yourself.
  • The value in your account is declining for no clear reason – A decline in account value is normal, especially if you know you have suffered losses from losing investments or the market has been plummeting. If there is no clear reason why the value in your account is declining, your broker might be trading excessively and basically robbing you through commissions.

Even though many excessive trading cases arise from the malicious intentions of third parties such as stockbrokers and financial advisors, excessive trading is not exclusively practiced by them. The investor himself might be the one who is being overly active in the trade market, resulting into significant losses in the form of commissions to his stockbroker or financial advisor or losses from the investment itself. Below are some of the most common excessive trading practices used by investors:

  • Bandwagon trading – Copying the trades of those who appear to know what they are doing.
  • Shotgun trading – Buying anything and everything that shows promise.
  • Discretionary overtrading – Purchasing and selling too many securities based on non-quantifiable data, such as personal preferences and news reports.
  • Technical overtrading – Purchasing and selling too many securities based on their own set of technical indicators that don’t necessarily work.

 

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Possible Ways of Avoiding Truck Accidents

Posted by on Feb 23, 2017 in Motor Vehicle Accidents | 0 comments

The enormous size of 18-wheelers or big rigs definitely create greater threats in the event of an accident. Compared to other vehicles, trucks also weigh more, thus requiring a longer stopping distance. But despite the risk these huge vehicles pose on the road, they cannot be disallowed to operate due to their major contribution in the nation’s economy. Trucks transport goods that keep businesses alive; limiting their operation will, therefore, greatly affect the business operation of many firms.

Often, these goods need to be delivered to another county, a task that would require very long driving hours. It is, therefore, normal for many truck drivers to be behind the wheel for more than 10 hours a day, thus, different government agencies make sure that, despite this long driving work requirement, drivers do not experience sleepiness and fatigue, and that the truck they drive are always in good condition.

The Federal Highway Administration (FHWA), the National Highway Traffic Safety Administration (NHTSA) and, most especially, the Federal Motor Carrier Safety Administration (FMCSA), which is primarily responsible in ensuring the safe operation of commercial motor vehicles (CMV), work together in making U.S. roads and highways safe from any accidents that would involve trucks. To attain the highest level of safety, these agencies have set and strictly enforce the following requirements:

  • A special training and a test (prepared by the FHWA) will have to be undergone and passed by individuals before they can be issued a commercial driver’s license. These basic requirements are aimed at developing in truck drivers the required knowledge and skills in operating a truck safely;
  • Strict observance of the “11 hours” maximum time of service. This means that truck drivers cannot drive for more than 11 hours. Drivers should also be given 10 consecutive off-duty hours after the completion of their daily duty;
  • Trucking firms should keep a record that shows regular truck check and maintenance schedule;
  • Drivers should thoroughly check and make sure that their vehicle’s braking system and tires are in good condition; they should also make sure that there are no air leaks in the truck’s brake chamber; and,
  • Truck and truck parts manufacturers should make sure that everything they produce complies with the minimum standards enforced by the government.

To reduce the risk of truck accidents, the said agencies do not focus their attention on truck drivers and trucking companies only. They also constantly issue precautionary measures that drivers of smaller vehicles should observe, like avoiding blind spots, tailgating or driving too close behind a truck , and observing extra care in intersections

According to the Abel Law Firm, “Motor vehicle accidents occur at an alarming frequency. According to the National Highway Traffic and Safety Commission (NHTSC), a person dies every 13 minutes behind the wheel of a car. Large trucks, or 18 wheelers, are especially hazardous roadway companions. Their size and limited visibility make them a serious safety risk for nearby drivers and pedestrians.

A person who has been involved in an accident with a large truck, though, may be eligible to receive compensation for his/her losses.”

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Car Accident Prevention: Important Safety Practices for All Motorists

Posted by on Oct 12, 2016 in Motor Vehicle Accidents | 0 comments

Car accidents happen with alarming frequency in the United States. For the year 2014, the National Highway Traffic Safety Administration recorded a total of 32,675 deaths caused by motor vehicle accidents. They also estimated that 2.34 million people had been injured in roadway accidents that same year.

Considering the data available, it’s impossible to ignore the impact that car accidents have on the safety of the general public. These numbers make it clear that motorists face a significant number of risks while out on the road. As such, it’s important that both state and federal agencies take part in active campaigns and programs that are aimed to decrease the frequency by which car accidents occur all across America. Of course, just as important to government action is the effort of private individuals in volunteering their time to contribute to safety awareness campaigns.

Proper seatbelt usage is just one of the many reminders constantly brought up in the many traffic safety campaigns launched by different organizations and agencies through the years. Many experts emphasize the importance of wearing seatbelts because it’s one of the easiest ways to prevent car accident fatalities and injuries. As the Centers for Disease Control and Prevention or CDC has found, seatbelt usage was found to have saved 12,802 lives in the year 2014. In fact, proper seatbelt use has been found to reduce serious car accident injuries and deaths by about fifty percent. Other safety practices that should continuously be emphasized include never driving while drunk or intoxicated, avoiding cellphone use while driving, and making sure to use car seats for small children to keep them secure in their seats.

Raising awareness about good driving practices is a necessary step toward car accident prevention. Unfortunately, despite these constant reminders, many motorists fail to follow these simple tips and, as a result, end up adding risk to an already dangerous activity. Take, for example, the continued prevalence of drunk driving incidents. For 2014, CDC recorded 9,967 fatalities caused by car crashes involving a drunk driver.

As the Madison car accident attorneys of Habush Habush & Rottier S.C. ® like to emphasize on their website, car accidents are responsible for millions of deaths and injuries reported every year in America. Individuals that do survive terrible traffic collisions end up living with consequences that have profound effects on their way of life. Every motorist should keep in mind that they can contribute in the efforts to make roadways safer by following basic traffic rules and regulations.

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Many Employers Compromise the Safety of Workers

Posted by on Jul 2, 2016 in Workers' Safety | 0 comments

Employers who have at least 3 workers are federally required to qualify as self-insured or obtain workers’ compensation insurance for the purpose of providing workers’ compensation benefits to their worker. Workers’ compensation, which was introduced during the early part of the twentieth century, was designed to provide financial assistance to workers who get injured on the job or who develop work-related illnesses, regardless of who was at fault for the injury or illness. This insurance benefit covers lost wages, medical costs, rehabilitation, disability and death. It is also meant to be provided without having to go through any litigation processes, but stipulates the exemption of employers from further legal responsibility concerning damages. An employee may have the right to pursue a civil case of negligence against his or her employer if he or she waives the right to claim Workers’ Comp. Benefits.

Many employers, however, compromise workers’ health and safety on the job by regularly exposing them to hazardous or toxic substances which develop in them severe cases of lung disorder. The possible illnesses that workers may suffer from (depending on the substance that they have been exposed to), include:

  • Silicosis, which is due to inhalation of dust-containing silica;
  • Pneumoconiosis, or black lung disease, that is a result of inhaling coal dust over a long period of time;
  • Chronic beryllium disease or (CBD), which is caused by the metallic element Beryllium;
  • Byssinosis, a lung disease resulting from the prolonged inhalation of textile fiber dust;
  • Bronchiolitis obliterans (BO), constrictive bronchiolitis (CB) or obliterative bronchiolitis (OB), which is a rare, yet life-threatening and non-reversible type of obstructive lung disease due to the inflammation or scarring of the bronchioles (small airway branches). This lung disease can be due to different factors, including exposure to poisonous fumes, like sulfur dioxide, diacetyl, chlorine, ammonia, nitrogen dioxide, hydrogen sulfide, thionyl chloride, and so forth.

According to the website of the Scudder Seguin, PLLC law firm, employees are always at risk of suffering a serious workplace injury even in seemingly safe workplaces, such as offices. Some injuries have left many employees seriously injured and unable to continue working, either for a period of time or in some instances, permanently. It is during this time that these employees need the best legal help they can get for a strong court representation which would help them claim the compensation they may deserve.

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Cancers caused by Power Morcellators

Posted by on Mar 4, 2016 in Dangerous Products | 0 comments

Power morcellators created by Johnson & Johnson were once used to break up noncancerous tissues and fibroids during a hysterectomy or a myomectomy.  Although it was originally praised for being able to perform these procedures in a minimally invasive way, it was soon shown that there was a correlation between use of the morcellators and cancer growth.  In particular, morcellators were shown to cause the cancers metastatic leiomyosarcoma, uterine cancer, uterine sarcoma, and endometrial stromal sarcoma.

Metastatic leiomyosarcoma is an aggressive soft tissue sarcoma that usually develops around the uterus area.  This type of cancer is particularly dangerous as it is highly resistant to typical treatments of chemotherapy and radiation. Uterine cancer develops in the uterus tissues of a women and can be particularly dangerous if it not treated early, allowing it to spread to other areas of the body.  Symptoms of uterine cancer include pelvic pain and abnormal bleeding from the uterus. According to the National Cancer Institute, uterine sarcoma is a disease in which malignant (cancer) cells form in the muscles of the uterus or other tissues that support the uterus. Uterine sarcoma is a form of uterus cancer that is more serious, but also more rare.  It differs from uterus cancer in that in develops in the uterus and the muscles that support the uterus.  Endometrial stromal sarcoma is a rare malignant tumor which, like leiomyosarcoma, is particularly resistant to chemotherapy and radiation treatment.

Unfortunately, many women were diagnosed with these cancers after having surgery using a power morcellator before the FDA released a black box warning against the use of these devices. According to Williams Kherkher, 1 in 370 surgeries using a power morcellator caused cancer development in women by spreading malignant tissue to other areas of the body.  While a ban on these devices may come in the future, it may be too late for women who were already diagnosed with cancer as a result.

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Is This Nursing Home Abusive? How Can I Tell?

Posted by on Oct 8, 2015 in Nursing Home Abuse | 0 comments

Looking into nursing homes for a loved one can be difficult to admit. But sometimes, our loved ones need constant care that we just can’t provide for them with our lifestyles that only seem to get busier and busier ever year. These are the times that nursing homes are then sought because it is the option that is the best one for every party involved.

However, the possibility of a home being abusive is not something that is impossible. Over the years, there have been several claims and complaints’ regarding nursing homes all over the country and it is only right to be wary of whichever one you may be considering to admit your elderly loved one into. Fortunately, there are ways in order to detect if a nursing home is abusive for not.

First of all, do your research about the staff and the facilities. Is the nursing home in question sufficiently staffed with enough people who are both learned in their own fields but also perform in accordance to the duty of care that is expected of them? Are the facilities in place prepared to handle different emergency situations on the dot? Are there places within the home that are blocked from access due to unexplained or unjustifiable reasons? If you do not immediately know the answer to these questions, it is then only right for you to wonder if the home you’re considering is abusive.

After all, neglect of individual personalized care (according to the website of the lawyers with Evans Moore, LLC) is a breach of the expected standard of care within nursing homes and is considered as nursing home abuse. Another way to tell is to observe the people in their care. Do they flinch upon external contact or is there anything about their behavior that seems out of place somehow? These are some signs that there is nursing home abuse afoot.

If you have any suspicions that have some evidence, it is then recommended that experienced, professional legal help is contacted in order to further the investigation and then take appropriate legal action.

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Accidents in a Parking Lot

Posted by on Jun 17, 2015 in Motor Vehicle Accidents | 0 comments

Car collisions don’t always happen in roads and highways, as they can also happen in private places. Parking lots have their fair share of car collisions, since there are always vehicles moving in and out of the parking lot and drivers giving more attention on parking their vehicles than to other matters around them. Fortunately, are generally at low speeds, and the injuries that are sustained are typically not serious.

Parking lot collisions are fairly common accidents, and despite the minimal damages, it is still important to take the matter seriously. The website of Ravid and Assoc states that even with minimal damages to the vehicle or injuries, they should still be reported in order to see who will be liable for the accident and would be compensated for their damages. You should protect yourself and your assets from any potential lawsuits, even after a minor parking lot accident.

Just as with any type of accidents that involved motorized vehicles, there are steps that you need to do in order to protect yourself. Make sure that you pull the vehicle to a safer location, but if it is not possible, ensure that the emergency flashers and warnings are on before exiting the vehicle. If there is anyone injured, immediately call for medical assistance and then call the police. This is very important, especially in cases of a four-wheeled vehicle hitting a motorcycle with a rider who has limited physical protection. Get photographic evidence of the scene and damages, and ensure that both parties exchange information (names, address, plate numbers, phone numbers and insurance information). Take note of the date, time, location, weather, and the conditions in the parking lot as well as witnesses when the accident occurred.

Even when it is not specified in state laws, it is still important to report the incident to the police since they can provide a report to help with the insurance or injury claim, or determine whether an involved party was recklessly driving or was under the influence of drugs or alcohol when the incident occurred. According to Madison car accident attorneys, motorcycle riders have to make sure that they contact their insurance company because they will be the one who will investigate the incident and assess the damage to the vehicles. Not all states require motorcycles to be under insurance, but with the probability of accidents and little body protection, it is highly advised to get a policy.

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Effects of Divorce on Children

Posted by on Jun 15, 2015 in Divorce and Children | 0 comments

Divorce is a sensitive topic, especially when there are children involved. It is therefore important for parents to make sure that the whole divorce process will not cause serious damage or trauma to their children. Most children don’t want their parents to get divorced and the process can be very stressful for them, which is one reason why many couples stay married despite being unhappy in the relationship just for the sake of their children’s welfare. However, when divorce is inevitable, there are ways that parents can lower the potential harmful effects of divorce.

Parents should understand that the psychological needs of children are at the highest during a divorce. According to the website of Marshall & Taylor PLLC, parents should consider the hostility they have between each other and its effect on their child’s perceptions. Fighting makes it more difficult for children to as adjust to the divorce. These factors will affect how the children will eventually cope with the divorce and would help establish how the child custody, child support and visitations will go about. Likewise, the website of the BB Law Group PLLC states that parents who have little to no animosity after the divorce can make the transition go smoothly and lessen the negative impacts that the divorce can cause in the long run.

If both parents have agreed to stay diplomatic about the situation, any changes in the custody visitation or support can be settled faster and without putting stress to your children. If there are changes or modifications to the visitation agreements or problems with enforcing them, it would be best if you talk with a lawyer. State laws differ, so a Manhattan Beach child custody lawyer, for example, may have a different option that those of other states. Finding the right lawyer is key in having the best agreement that would best benefit the welfare of the children during and after the divorce.

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