Civil lawsuits are court cases that aren’t criminal. In a civil lawsuit, one party with a grievance against another party brings that issue to the court. Then, the party that is deemed responsible for the damage – whether that be physical, emotional, or monetary – has to face repercussions for it. Usually, this is in reference to monetary compensation. Civil lawsuits may be about things like divorce, breaches of contract, or injuries sustained during a workplace accident.
It came as no surprise to me to learn that the most prevalent type of civil cases are family law. Many more people will have interactions with the legal system through their divorces, adoptions, or custody battles than anything else, so it makes sense that family law would make up nearly half of all civil case filings.
Tort law can really be simplified to mean “personal injury” law. Despite the high number of billboards and commercials advertising personal injury lawyers, there are far fewer tort cases than family law cases in the courts. Personal injury cases can revolve around a number of situations, including:
- Slip-and-fall accidents
- Medical malpractice
- Car accidents
- Defective products
- Workplace accidents
Generally, someone may feel they have a case to bring to court if they were injured because of the negligence of another party. Negligence refers to someone’s careless or reckless actions, or sometimes their inaction. In a nutshell, someone has a chance of winning a personal injury claim if they got hurt because the negligent party didn’t do what they were supposed to do.
People can be hurt doing all sorts of things. If you go to a personal injury lawyer’s website, you might be surprised by the huge number and range of cases they represent. The Law Office of William J. Luse, for example, represents clients who need help after the following:
- Bus Accidents
- Dog Bites
- Pedestrian Accidents
- Slip-and-Fall Accidents
- Rideshare Accidents
- Construction Accidents
- Drunk Driving Accidents
- Toxic Mold
- Wrongful Death
Most of us probably never spare a thought toward “toxic mold,” but for the few who are affected by it – and other unfortunate accidents – finding a lawyer to help them out after their accident can be a serious matter. Medical bills for people who have had bad accidents are always astronomically high. Sometimes, the only way they can avoid being in deep debt is by hiring a lawyer to help them get compensation from the negligent party.
Hopefully, most of us will never have to deal with the aftereffects of toxic mold, but it’s a good thing that if we ever do, we have options. Because civil cases are so much more prevalent than criminal cases, there are plenty of lawyers who are experienced in tort and family law.
If you’re like me, you’ve probably noticed a lot of changes going on in our government lately, particularly regarding immigration. Also, if you’re like me, you struggled to make sense of what exactly these changes mean. There’s a lot of new information popping up every day thanks to the evolving legislature surrounding immigration law.
While it may seem impossible to understand at first, I took the liberty of decoding these changes and making them a bit easier to read. Here’s a very brief overview of just a few of the changes that are going on in our government right now.
Changes to DACA and what this means to you
DACA, or Deferred Action for Childhood Arrivals, was a piece of legislation put into place specifically for children that came to the United States undocumented. Instead of automatically deporting the children, DACA made it so these minors could get work permits and were protected against removal. At the end of 2017, President Trump said that he would seek to end DACA by March 2018, a promise that if true, would spell disaster for a lot of undocumented people.
Given that the majority of DACA recipients are in their early twenties, they’d likely have spent most of their lives in the United States. The loss of these protections could cause them to be deported, a scenario disastrous for many. Many “dreamers,” as these recipients are commonly referred to as, face many dangers when forced to move back to their countries, and many don’t even speak their native tongue.
If you’re seeking help from DACA, don’t worry! Trump has not succeeded in eliminating the program, and despite the changes that are constantly occurring, it’s still possible for you to get help. The lawyers over at The Law Office of William Jang, PLLC recommend thorough research and a great lawyer to help you out. That can mean the difference between being granted a work visa and being denied one.
A Temporary Protected Status is typically granted to citizens of countries who have just experienced a major natural disaster, such as a tsunami or earthquake, or a crisis like war. Many Syrians were granted TPS when they arrived to the United States.
One of the most interesting things I found out about TPS is its lack of consistency across the board. Countries like Syria have seen extensions in their TPS, but other countries like Haiti and Sudan have been terminated altogether. Because TPS is vastly different for each country, it can suddenly change overnight.
This is especially dangerous for those who are from a war-torn country. Many people protected under TPS no longer have a country that they can safely go back to once their protected status ends. This means families are often forced to go back to a warzone where they are constantly at risk. If you’re protected under TPS, I highly recommend speaking with a lawyer who is well-versed in this program to make sure you’re always up-to-date on any changes taking place.
Carpal Tunnel is something that affects workers in just about every job field out there. I haven’t been affected myself, but I do type quite a bit every day for work. Sometimes my hands will begin to get sore and certain fingers will hurt when I move them. I may end up with a form of carpal tunnel later in my career. I started to wonder how Carpal Tunnel is diagnosed and what kind of treatment options there are for someone with carpal tunnel and I found some great information on the website for Bergman Folkers Plastic Surgery. Bergman Folkers offers several different surgery options for people with Carpal Tunnel Syndrome.
It turns out though, there are some things you can do to help ease the pain associated with carpal tunnel that don’t involve surgery. You can wear a splint at night that helps the increase the space for the median nerve within the carpal tunnel. For most this is an initial treatment step. Another thing you can do to help is avoiding the daytime things that provoke pain. This is hard for me since typing is a big part of my job. I can, however, take breaks and spread my typing out over the course of the day rather than trying to knock everything out at once.
If the pain is mild enough, there are over the counter drugs that can help ease the pain associated with carpal tunnel syndrome. Anti-inflammatories such as ibuprofen and aspirin can provide short term relief on a day to day basis. If you have the time, picking up yoga could also help. Yoga practices have been shown to improve grip and reduce pain for those with CTS.
If none of these are providing the relief you need, there’s always the option of undergoing surgery. Surgery to release the carpal tunnel is among the most common surgeries performed in the United States. Most of the time, this surgery will severe the ligament that envelopes the wrist in order to alleviate pressure on the median nerve. These surgeries usually require patients to be put under a mild form of anesthesia and they do not require anyone to stay overnight. There are two different surgeries that doctors most often perform. The first is called open release surgery. During this procedure, doctors make an incision that measures around two inches in length along the wrist. They then severe the carpal ligament, which allows the carpal tunnel to enlargen. This is how the median nerve is then given more room.
The other surgery is known as endoscopic surgery. It works by making two, half-in incisions. One is located in the wrist and the other in the palm. A camera is then inserted into the incision to observe the tendons, ligaments and carpal tunnel. Doctors will then cut the carpal ligament. This surgery allows for quicker recovery time and there is less pain associated in the days immediately following the procedure. However, this surgery comes with a higher risk of complications and you may end up needing more surgery down the line.
Mastectomies save lives. I won’t say a word against the procedure, nor against how increasingly common they are as a preventative measure. Breast cancer is a great danger, particularly for women, and mastectomies have saved countless lives at this point.
They are necessary, but they also leave a huge psychological problem for women who receive them. Everyone defines themselves partly by their body. It’s the reason we care so much about reaching our ideal weight, wearing clothes that make us look good, and knowing how others see us. It isn’t just vanity; it’s human.
So the results of a mastectomy can be at once a great relief and a return to health, while also leading to profound difficulties in recognizing and accepting the changes that have occurred.
There are many ways to deal with this, but increasingly, there’s a movement towards using breast reconstruction as a means of reestablishing the look women have always been accustomed to thinking of as natural.
There is an amazing number of reconstruction options for those who have had mastectomies. Most people don’t know much more about breast surgery than what they read about in magazines while waiting to see a doctor, but there are plenty of great ways that women can return to the look that makes them feel comfortable and happy in their bodies.
In particular, I want to talk here about the LD flap reconstruction. According to Bergman Folkers Plastic Surgery in Des Moines, this involves using skin from the upper back and a breast implant to create natural-looking breasts after a mastectomy.
Like all breast reconstruction surgeries, this is ideal for some women and may be a bad fit for others. Bergman Folkers identifies the positives and negatives of LD flap reconstruction this way:
- Less recovery time required
- Scars covered by bra straps
- More options for breast size, since the upper back skin can cover it
- A short surgery compared to some other options
- An ideal option for skinnier women who may not have the same skin and fat resources of other women (thus reducing the number of reconstruction options available)
- You’ll have to have implants, since there isn’t enough fatty tissue in that area. Thus, breasts won’t be quite as “natural” according to some standards
- There may be a noticeable weakening of the back muscles for those who engage in very strenuous exercise that involves the back (like rock climbing)
- There can be some modest complications from the process, including an awkward bulky area under the armpit (this usually goes away, though).
Obviously, this isn’t the best option for all women. Some women will choose to live with the natural results of their mastectomy. Some of these women are actively proud of their new look. Others will feel a different surgery is the best option for them.
Still, for many women out there, the LD flap reconstruction surgery may be just what they need to return to the look and confidence they used to have before these recent difficulties.
I never pretend to understand, or really care for that matter, about numbers very much. Numbers bore me.
I guess I need to start caring though because I need to start learning how my insurance works. Ever since my partner left me, I have been struggling to learn about our, now my, finances. They’re just so boring, and there are so many numbers.
I was going to get a financial helper person, but, ever since Hurricane Harvey devastated practically everything worthwhile in Houston, that plan will have to be delayed for a bit longer.
I won’t name the name of my insurance company, but I will probably not be using them anymore because they are neither Allstate or Farmers Insurance. These two insurance companies, which I had previously only known about because of their hilarious commercials, have sent representatives from their companies to Houston, in order to educate as well as assist the general public about their insurance options and filling out complicated insurance documents. The best part is that these representatives will help you out, even if your insurance company is neither Allstate nor Farmers.
While Allstate has set up what they are calling Educational Programs, other companies, like Farmers, are setting up tents to help assist with the sheer volume of both property and automobile claims, which are all estimated to cost in the billions of dollars.
I’m told that, during past post-disaster insurance handlings, like this one, insurance companies did not have any place to house their representatives. So, they required their insurance agents, who already lived there and still had their houses intact, to temporarily shelter these out of town insurance agents. Today, however, the insurance companies have set up these nice little tents to serve as a designated meeting place, as well as a place for their representatives to sleep in the evenings.
With the vast amount of insurance agents here answering insurance-related questions and assisting anyone and everyone with the not always easy to navigate government websites, these guests, living where we have dubbed ‘Farmer’s Village,’ will probably be here for the rest of the year, at least the very least. Also, as the damage gets further and further assessed, more and more insurance claims are needing to be filed, which makes the presence of these insurance agents all that more valuable because they get things done much faster here than we ever could on our computers and with speaking to customer service on the phone.
What will especially make me highly consider switching to a better insurance is insurance agents who are assisting victims with filing claims with FEMA and other government agencies. I have heard that for FEMA to help anyone who is uninsured for floods, they must receive proof that this particular individual was not insured for flood damages before the storm did its thing. While I’m waiting to switch, however, I’ll probably be looking for the assistance of a Houston attorney.
The city of Louisville, Kentucky is steadily gaining its foothold in the field of culinary excellence. The growing popularity of many Louisville restaurants is slowly putting the great city on the culinary map, not only around the whole of the United States, but also around the world. The flavors that help define the city of Louisville are not only from the city’s diverse and inventive restaurant scene but also from the local products made to set the city apart from others.
Just as with any southern city, Louisville is strong on traditional Southern cuisine – with fried steak, chicken and catfish as a regular dinner dishes, paired with vegetables such as pinto beans and greens served with cornbread. There are a lot of similarities between Southern cuisine and Kentucky cuisine, but there are also distinctly unique dishes, and Louisville offers the Hot Brown and the Derby pie as among the city’s specialty.
Going through Louisville’s restaurants will provide you a great range of unique Louisville staples. One of the most recognizable flavors of Louisville is the Benedictine Spread. This cucumber/cream cheese spread has been a staple since the 1890s. For those who prefer great coffee and confectionaries, then visiting Please & Thank You coffee shop would be the best thing to do in NuLu. For meat lovers, Game is a restaurant that can offer a great variety of meats, from kangaroo to antelope to ostrich and venison. For those looking for Asian fusion, Milkwood by Chef Edward Lee would satisfy your cravings. And to cap the day off, head to The Silver Dollar, one of the top 10 whiskey bars in the United States according to GQ Magazine.
Louisville has distinguished itself by having their own homegrown flavor and a growing population of acclaimed chefs, it is not a wonder why foodies love to visit Louisville. Sooner or later, it may become the food hub of the nation.
Zofran, also known by its generic name Ondansetron, is a drug prescribed to treat nausea and vomiting for patients experiencing side effects caused by certain treatments and medications. In particular, the drug helps alleviate nausea and vomiting caused by surgical procedures and cancer treatments like chemotherapy and radiation therapy. It was manufactured by GlaxoSmithKline in the 80s, and was approved by the Food and Drug Administration (FDA) in the early 90s.
The drug primarily works by inhibiting the production of serotonin, which triggers a particular area in the brain that is responsible for causing nausea and vomiting symptoms. This is why Zofran is called a serotonin blocker or serotonin antagonist. While it was originally intended to help surgical and cancer patients, it is considered to be helpful in alleviating nausea and vomiting caused by stomach issues such as gastroenteritis and even pregnancy.
The use of Zofran for pregnancy related sickness is what the medical community calls “off-label use”. It means that the drug is being prescribed to patients outside what it was originally intended and approved for by the FDA. Zofran’s off-label use became particularly rampant among pregnant women when GlaxoSmithKline had, according to William Kherkher, started promoting it safe for this very use.
Even though Zofran proves to be a highly effective drug, pregnant women should remain cautious about taking the drug. Unfortunately, there have been reported cases linking the use of Zofran to birth defects in infants. In recent years, several lawsuits have been filed by women who claim that their morning sickness regimen is actually the cause of their child’s life-threatening illnesses.
Just in 2013, the FDA issued a statement raising potential safety issues regarding the drug. However, scientific research about the drug’s pregnancy risks is often conflicting. In 2012, a study conducted by Motherisk found that the Zofran should no longer be prescribed to pregnant women. It recommended taking extreme caution, considering there is very little evidence to prove that it’s completely safe for consumption during pregnancy.
The use of Zofran during pregnancy may result in the following issues for the unborn child:
- Congenital heart defects
- Mouth deformities such as cleft lip and cleft palate
- Muscolo-skeletal abnormalities
If you suspect that Zofran might have caused heath issues your child is currently experiencing, do not hesitate to seek legal counsel and seek out further information. Zofran birth defect lawyers could help you learn which options are available for you.
A premarital agreement is a contract which people who are about to marry one another enter into: it is an agreement that clearly indicates how property and assets ought to be distributed in case of divorce, legal separation, or death. Though some may consider this to be an unromantic gesture, premarital agreements can help to provide spouses with a measure of security in their relationship, knowing that their futures are protected.
Pre-marital, prenuptial, and ante-nuptial agreements have long been a practice in the US. It was strongly enforced in 1848 through the Married Women’s Property Act. It was this act that gave women who entered into marriage their identity and rights back, since before this, a married woman’s legal existence was recognized only as extensions of her husband’s. This was due to the legal policy called coverture, a law that relinquished a woman’s legal rights upon marriage to her husband. Because of coverture, a married woman lost any right to own, sell, or transfer property, enter into contracts, earn a salary, or get an education without the consent of her husband and, even if her husband allowed her to work, the policy obliged her to surrender her earnings to him. Thus, in the event of divorce, she stood the chance of losing all her property to her husband.
History shows all the more how important a prenuptial agreement is. For both parties to appreciate its real value, though, it has to be talked about long before engagement, as openly and candidly as possible and with the help of qualified divorce attorneys who will make sure that both of your rights and interests are well protected. The process of divorce may become complicated without the guidance of someone who understands family or divorce law. The following are just some of the benefits this type of agreement can confer:
- preservation of family ties and inheritance;
- guaranteed protection of the children’s financial security earned from an earlier marriage;
- protection over personal and business assets made prior to marriage
- eliminates the need for lengthy and expensive asset and finance court settlements in case of divorce.
Product liability can apply to any consumer product, including medications. When a drug is found to have harmful effects, most people consider it a defective drug. But in many cases, the drug is not defective at all.
There are three general categories for product liability: defective products, dangerous products, and improper marketing of products. The case of 4th generation birth control pills Yaz, Yasmin and Ocella is a good example of the second category, dangerous products, which means that while the drug is properly manufactured (not defective), it is still inherently dangerous. The liability lies in the failure to inform or warn potential users about the inherent risks attached to the product.
This is the main point that plaintiffs are making in their pursuit of personal injury claims against Bayer, the manufacturer of Yaz, Yasmin, and indirectly, Ocella. They are claiming that Bayer knew or should have known that the products were dangerous, and concealed it from the public by neglecting to include this information in labels and package inserts, as well as announcing it to the medical community.
To date, there have been in excess of 8,000 claims filed against Bayer. In 2012, the company agreed to address about 3,200 of these in a settlement program with a fund pool of $1 billion. The reality is that as of July 8, 2013, $1.4 Billion had been paid out to 6,760 claimants, which averages to about $200,000 per claimant, and still there are 5,400 which remain to be settled. Bayer is expecting more cases to be filed in the future, including those for Safyral and Beyaz, more recent additions to the drospirenone-containing birth control pill family produced by Bayer. Bayer is still not admitting any liability for the products.
If you or a family member developed blood clots from using Yaz, Yasmin or Ocella which resulted in deep vein thrombosis or pulmonary embolism, you may still be able to make a claim against Bayer. Get in touch with a products liability lawyer in your area with experience in dealing with pharmaceutical companies to get the ball rolling.
When a couple chooses to pursue a divorce, it often entails lengthy court battles, costly attorney’s fees, and emotional and psychological duress. For this reason, some couples who might otherwise choose to end their marriage may put off divorce.
There is an alternative means to ending marriage, however, one which is faster, much cheaper and less stressful, and which results in solutions that are more agreeable to divorcing couples – divorce mediation. Meditation enables couples to settle all divorce-related issues, including distribution of assets and liabilities, child custody and visitation rights, child support and alimony, in an amicable way. A mediator, who acts as a go-between the couple and their lawyers, offers suggestions and helps the couple reach a settlement quickly.
The process of mediation does not require the couple to be represented by lawyers. Through a third party called the mediator, this private and confidential process can proceed, giving the couple significant freedom in settling all the relevant issues. Other benefits of the mediation process include:
- cost – while a divorce case may take the court weeks or months to settle, mediation may take only hours.
- confidentiality – in mediation, only the couple and the mediator know what transpired during the process. The divorcing couple’s lives and what they agree on never become part of the public record.
- compliance – since the solutions arrived at are products of mutual consent, compliance to these agreements is more likely.
Though mediation is steadily becoming a popular option, it is not perfect for all couples, particularly those in contentious relationships who cannot meet an acceptable middle ground. To determine whether mediation is the right option for your divorce settlement, it is best to consult with a qualified divorce attorney about your situation and learn more about the differences between divorce processes.