Guilty Or Innocent?

Start with the premise that everyone is innocent until proven guilty, and you have the founding tenet of the criminal justice system in the United States. The being proven guilty also has to be done beyond a reasonable doubt, which is a tough standard to adjudicate.The criminal defense attorney’s job is to ensure their clients are found innocent, for obvious reasons. If you find yourself in a tight situation where you need the services of a criminal defense attorney, hire locally. The locals know the laws better than a hired gun from another state. They will also know the people involved in the process much more intimately than someone flown in to do defense duty.Most criminal defense attorneys handle cases such as homicides, domestic violence, DUI, vehicular manslaughter, sexual offenses, kidnappings, assaults, robbery and drug offenses. If you are in this kind of a situation, your freedom is threatened and you will need to rely on the expertise of a highly qualified criminal defense lawyer.Choose one who offers complete coverage of your case, and that includes all contact with police and prosecutors. Vital information is exchanged over the course of your case. Your lawyer should know the system well enough to get the full details of your arrest, be able to fight to have bail posted, be with you and counsel you on how to answer criminal charges and right beside you during the entire trial process.If your lawyer does not offer some services, think twice about hiring that attorney and find one that does stick with you. Being in the criminal justice system is hard enough with a competent lawyer. Going it alone is virtually impossible.Once you have been arrested, where ever possible do not waste any time getting to a phone to call your attorney. The reason for this is there is a time lag between being arrested and being charged. If the lawyer gets there fast enough, the charges might never be recorded and you will walk away free.

Banning Texting While Driving Will Save Lives

The National Safety Council estimates that a person has a one in eighty-four chance of dying in a car crash. There are many different reasons that car accidents happen, but driving while distracted is a factor in around one-fourth of police reported crashes. One specific distraction that is gaining a lot of attention right now is texting while driving. United States traffic deaths caused by talking on a cell phone are around 2,500 each year.The number of people injured from accidents caused by talking on the cell phone is staggering, and includes hundreds of thousands of people. Those numbers are just people talking on the cell phone, not text messaging. Since text messaging is a fairly new phenomenon, there have not yet been specific numbers posted as to how many accidents have been caused by it. However, many fear the number is rising and will continue to rise if something isn’t done about it.Imagine being involved in an accident in which the person causing the accident was illegally using his or her cellphone. Consider the damage and injuries that could have easily been avoided if the person hadn’t been so careless as to think a message or phone call couldn’t wait. Think about the guilt you would feel if you caused the accident because you were using your cellphone. You may never be able to forgive yourself. Accident Lawyers, as well as Personal Injury Lawyers are facing these issues daily with clients.Research by the University of Utah has been done that indicates distractions from cell phone use limits a driver’s reaction time just as much as if the driver had a blood alcohol level of.08 percent. Virginia Tech has also done studies that show the number one source of driver inattention is the use of a cellular phone or other wireless devices. In fact, drivers using cell phones are four times more likely to get into accidents, as using the phones can reduce brain activity by almost thirty-seven percent.With over 270 million cell phone subscribers, 110 billion text messages sent each month, and 19% of all drivers admitting to text messaging while driving, many states are looking for ways to prevent accidents and deaths due to cell phone use. Some states, like New York, have already banned the use of handheld phones while driving, and most of the other states are considering bills that would regulate cell phone usage as well.Kentucky, for example, is working on a bill that would make it illegal to text message while a car is moving. Tickets around $25 will be issued to those that are caught. Georgia is also currently working on a similar bill, but with even heftier fines as high as $300. North Carolina, Tennessee, and Maryland are a few of the twenty states that have already banned texting while driving. Texting may be more dangerous than drunk driving, and thousands of lives could be saved with new laws.

You Didn’t See the Cyclist, Now What?

If there is one nightmare that no one deserves to have to live through, it is being charged in a motor vehicle accident. Maybe you were driving down the road and you just didn’t see the person walking. Perhaps it was night and the guy on the bicycle was wearing dark clothes. Though it might have been a complete accident, you are now facing a lot of legal trouble, so you have to deal with it in the best way possible.The only way to get through this difficult situation is to lean on those people who can support you in a number of different ways. Look to your family, your friends, and your personal injury lawyer for the support that you need. The first thing that you absolutely have to do is to get an accident lawyer. Though your friends and your family will be able to help you cope with the realities of the situation and your pastor might be able to coach you through the moral implications of what has gone on, the only person who can help you from a legal standpoint is your accident attorney.Getting on the phone to that person as quickly as possible is absolutely key, because timing is important when dealing with cases of this nature. Your personal injury attorney will be able to guide your steps through the beginning and you can look elsewhere for additional support. No one claims that the process will be easy. In fact, most people can attest that you will have to seriously lean on a great support system if you are going to make it through without pulling your hair out.Having a loving family to turn to is one part of the equation, but having a good personal injury lawyer is something that is incredibly valuable, too. That person will make sure that all of your initial statements to police and to insurance companies are worded in the right way. They will also be able to make sure that the courts know that the accident happened through no fault of your own.One of the most difficult parts of the process is arguing the unknown. It was dark, you were just minding your business, and all of a sudden, things happened in a flash. When this type of situation arises, the stories can come from multiple angles and much of it is trying to decipher the unknown. In a scenario like this, simply knowing that you did nothing wrong is not enough.You will need an accident attorney who is well versed in dealing with these cases to prove to the courts that you were not at fault. This will help to protect you from any criminal charges that might arise and any undue civil cases, as well. Overall, this scenario is a nightmare, but with the right people by your side, you can make it out unscathed. Though it’s scary, it is important to keep in mind that there are people who will be more than willing to help you through the rough patches.

While You’re Under For Surgery

The administration of anesthesia is a delicate art, and those trained in the field are highly skilled in using and monitoring the effects of anesthesia. This isn’t to say that there aren’t instances where this goes awry. The recent spate of anesthesia malpractice lawsuits is a good indication that this area of medicine is just as susceptible to lawsuits as other more traditional areas of medical malpractice e.g. misdiagnosis, severe reactions to drugs etc.Knowing the patient prior to putting them under for surgery is the responsibility of the anesthesiologist and requires that they not only evaluate the patient, but also confirm pre-op data and keep a meticulous record of the goals for the operation. These records must contain all pertinent information about every member of the surgical team and must also include the fact that the patient was assessed for tolerance to certain anesthesia.While the patient is under, the anesthesiologist is responsible for the correct placement of IV lines, keeping track of the ECG, oxygen levels and the automatic blood pressure cuff. In addition they also take the lead role for intubating patient airways and the handling and administration of the anesthesia, medicines and oxygen etc. Every task the anesthesiologist performs becomes a part of his or her records. These records may be examined as part of a trial.When you stop to take a look at the role the anesthesiologist has in operations, it’s not too difficult to imagine something going wrong before, during or after the surgery. Things can and do happen. Every time an anesthesiologist performs their crucial part of an operation, their intentions are to do the best job they know how to do. Rarely are their intentions to botch things up. However, if an error in judgment is made, or something else goes wrong, the patient is the one who suffers the consequences of negligence.If you feel that you have been a victim of something that went wrong while you were knocked out and being operated on, contact a skilled medical malpractice attorney. S/he will evaluate your case and advise you on how to proceed to justice.

On the Worst Day of Your Life Call an Accident Attorney

It’s 3 o’clock on Sunday morning, the house is quiet and you and your spouse are sound asleep. The phone rings. The sound is deafening as a million thoughts immediately race through your head. You quickly answer the phone and realize your worst nightmare has come true, your son has been shot.You try and make sense of what’s happening. You drop the phone, not quite sure if this is all a dream, but your spouse takes over and learns the details. Luckily your son is alive, but badly injured. He had been attending a campus gathering, a fight ensued, and your son was an innocent bystander.How could this happen, after all, he’s in college, a place that is supposed to be a safe environment for a young person. As you gather your things and rush to be at your son’s side, the questions keep mounting. Once you see your son, and the condition he is in, you are bombarded by all sorts of emotions. As more family members arrive at the hospital, you console one another, and give each other courage.But where do you go from here? Your family and friends, regardless of how loving and supportive they are, don’t have all the answers. You need to turn to a personal injury lawyer. A personal injury attorney will be the one fighting for you and your son’s rights when you don’t know what to do.A lawyer that specializes in personal injury and accidents is on your side to make sure that what happened to your family is taken care of in the right way. Institutions are obligated by law to maintain a safe environment. You have the right to be protected when entering any place of business, especially an educational institution. How was a gun allowed on campus?What measures do they have in place to prevent such a thing from happening, if any? A premises lawyer will get the answers to these and many other questions. Failing to take proper care of something is called negligence, and the property owner is responsible. When people don’t put safety first, you are the one that could end up paying.Sadly, in many personal injury cases, the situation was avoidable had the property owner taken the proper precautions. It is very important to contact an accident attorney immediately so he can assess your situation and advise you on how to proceed. A lawyer will not only help you deal with the horrible situation your family is facing. He will give your son a voice.You are not alone. In these tragic situations, no matter how bad it is there is a way through. A personal injury attorney will make sure you and your family are taken care of. This way you can spend less time being worried and frustrated, and more time focusing on your son, and getting your life back to normal.

What Medical Malpractice May Encompass

Generally speaking, the term medical malpractice means negligence caused by health care professionals leading to injuries or the death of a patient. Medical malpractice has no particular method or place in which it strikes. It just happens to anyone, anytime, when they least expect it.At one time medical malpractice wasn’t as prevalent, or more likely, was not recognized for what it was; thus, it went unreported. It is a situation still present today, as many people don’t realize they have been or are a victim of medical malpractice. It is far too ingrained in society not to question the wisdom of doctors when, in fact, we should always ask questions as well as be our own medical advocates.This is something not many people know: at the time of the first visit to a physician, the health of the patient is NOT the responsibility of that doctor; however, it becomes the responsibility of the doctor once treatment has commenced. A smart patient needs to keep track of doctor’s appointments, diagnosis, prescriptions and treatments.So, what types of medical malpractice are there – the most common ones? Malpractice may happen at any time thanks to a delay in treatment, the result of medications prescribed, or even as the result of improper monitoring and/or administration of anesthesia.In general, the most common forms of medical malpractice are birth injuries and defects, wrongful death, surgical errors, cosmetic surgery errors, breast implant malpractice, dental errors, psychiatric malpractice, and unnecessary surgery. No matter what the malpractice may be, be it a breast cancer misdiagnosis to mismanagement of a heart attack, the patient has the right to file a medical malpractice lawsuit and seek compensation for damages.A word or two of advice about filing a medical malpractice lawsuit: do not wait or you will miss the statute of limitations. Most states have a two-year limitation, but don’t assume that is the case. Speak to a highly qualified attorney and find out what the statute of limitations says in your state.If you choose to wait longer than two years, your chances of getting compensation drastically drops, statistically speaking, which isn’t to say you may not get compensation, but the chances of doing so are low. If you think you are a victim of medical malpractice, seek competent legal counsel to obtain justice.

The Safety Issues With Children’s Toys

What is this world coming to when we cannot even rely on the safety of innocent toys for our kids? Things aren’t so innocent anymore; we read in the news more and more about toys being yanked off the shelves for causing serious harm or death.Think about it – lead paint on toys, poor design that causes a toy to malfunction and cause injuries, and magnets that could be swallowed. What a terrible litany of disasters. Imagine how a parent feels when they discover that a toy they thought was safe may cause a great deal of harm. What’s a parent to do when faced with a situation like this?If a toy you have given to your child turns out to be dangerous and causes harm, waste no time in speaking with a personal injury attorney. Attorneys who litigate in this area of the law know how frightening this kind of situation is for parents, and make it a point to explain what they are doing. In fact, many personal injury attorneys have children themselves and are able to empathize with their client’s fears.Aside from suing a manufacturer for a defective product (toy) the real question becomes what are some of these people thinking making products like this? For instance, the news is filled with stories about Mattel recalling millions of their toys because of product defects, poor design, and lead paint. Interestingly enough, although over 60% of their toys are made in China, Mattel said some of the flaws were their own responsibility.So what is going on that their factories are producing toys with serious design flaws? Things didn’t used to be that way. If you think back to when you were a kid, the toys were well made and durable. Today, the same thing can’t be said and it’s interesting on Christmas morning to see how long a toy will last.The most serious problem over the last few years hasn’t been design flaws so much as it has been excessive levels of lead found in hundreds of thousands of items. This seems to be just the tip of the iceberg, too. For instance, Fisher-Price pulled roughly one million Dora the Explorer and Sesame Street products for unsafe/toxic lead levels. Mattel and Disney have experienced similar recalls.Mattel seems to have had it the worst though as they were forced to recall over 345,000 action figures due to unsafe magnets that could be swallowed. If a child swallowed two, they’d stick together and require surgical removal.Hasbro had its day in the limelight when they recalled over one million Easy-Bake Ovens because kids were getting their fingers stuck in the oven’s opening. And the list goes on. If you think you have a toy that has been recalled, check to see if the product number is listed in the recall notice. When push comes to shove and you are not sure, toss it – better safe than sorry.If your child may have been exposed to high levels of lead, get them tested immediately. Take the time to speak to a personal injury attorney about the possibility of filing a defective product lawsuit as well. It may be time well spent.

Dental Malpractice Suits Usually Rare

It’s not often you think of suing your dentist, but it does happen. In fact, dental malpractice is just as serious as medical malpractice (medmal). This is why most dentists carry malpractice insurance.Dental malpractice suits generally have smaller damage awards than for medmal. When they happen, they’re generally the result of the dentist not having detected or diagnosed certain conditions.Injuries may include death related to anesthetic use, injuries relating to dental surgery, failure to notice oral cancer or other diseases of the mouth, nerve damage and injuries to the tongue, jaw or lips.At the root of these cases is the reasonable expectation that the patient has to receive a professional, accurate diagnosis and the correct treatment for it. The same observation may be made when you visit your family physician. This doesn’t apply to every thing a dentist does, buy may apply to cases where injuries are severe and/or permanent.The worst-case scenario would be the death of a dental patient due to the improper use of anesthesia. Infections occurring in the jaw or tooth sockets may also be quite devastating. Losing sensation or taste, having trouble talking, eating or swallowing also rank right up there as injuries that may merit a dental malpractice suit.Even seemingly routine procedures may cause problems, such as a tooth extraction, particularly if the wrong tooth is removed, or if the patient is taking Fosamax (or any other bone metabolism regulator). The Fosamax may cause a condition called Dead Jaw.If the dentist doesn’t spot periodontal disease or oral cancer, or does something you didn’t authorize or give consent for, they may also face a dental malpractice lawsuit.If you’re not sure that you have a dental malpractice suit on your hands, then take the time to talk to a qualified attorney who will look at the situation. S/he will be able to tell you if you have enough cause to file a dental malpractice lawsuit.

When What You Eat Makes You Sick

These days it seems that you have to really watch what you are eating and where you are eating. Kind of takes the fun out of the experience, doesn’t it? The fact of the matter is that eating out has become a little like a round of Russian roulette, you never know when you might wind up with food poisoning.In the US alone,the Center for Disease Control indicates that spoiled food is the reason for 76 million illnesses; 5,000 deaths; and over 325,000 stays in hospital yearly. Those statistics are quite scary. It puts a whole new light on staying at home and enjoying your own cooking, so long as you follow safe food preparation procedures.Here are a few more statistics that will get your attention. There are about 250 kinds of diseases that can infect people via the food they eat. Let’s break this down into something a little easier to follow. One method of food poisoning is through infectious agents such as parasites, bacteria and viruses. Another one is via a toxic agent like mushrooms and foods not cleaned properly that may contain pesticides, etc.The only sure-fire way of preventing food poisoning is to practice rigorous hygiene and sanitation. This is no small task, but is critical to the well-being of people who eat at your establishment, or your home for that matter. No one really wants to wind up in the hospital with vomiting, a nasty headache, nausea, serious stomach cramping, a fever, bloody diarrhea, blurred vision, and possible kidney failure leading to death. Blood tests are the usual standard for detecting food poisoning, but a urine test might also be called for to confirm the diagnosis.How to avoid food poisoning is a bit of a dicey proposition, but being careful with your choices will help in the long run. For instance, don’t buy torn packages of food; buy meats or frozen items just prior to leaving the store; don’t directly handle raw foods; and keep all working surfaces and hands clean. This cannot be emphasized enough, wash your hands until you get totally sick of it, and then wash them some more.Take time to read the proper cooking temperature for certain foods, more specifically meats; don’t leave meat or other hot foods standing on the counter for long periods of time; and cover them when putting them away in the fridge.Food poisoning from home cooked meals is one thing. If you contract food poisoning after eating out, that is another matter. In circumstances like that, immediately contact a personal injury attorney and discuss your case. You may be able to file a lawsuit and receive compensation for your pain and suffering.Never assume that speaking to a lawyer is going to cost you serious money, as most lawyers are willing to give their first consultation free. They will be able to advise you if you have a good case or not.

Wrongful Death Cases Are Civil Lawsuits

A wrongful death by definition is a death that happens due to the negligence, recklessness or inaction of an organization or a person. The leading cause of wrongful death is medical malpractice, with accidents on the job, car crashes and defective products vying for second place.No matter what caused the death, a family is grieving the loss of a loved one and wondering how to carry on with their lives and handle the sudden cessation of that person’s wages, etc. In the U.S., immediate family members are allowed to file a wrongful death lawsuit. In most instances, that means parents, spouses, children, or a child’s guardian acting on the child’s behalf.These types of lawsuits are seeking compensation from the courts for medical and funeral expenses, emotional distress of the loss of the loved one, lost income or inheritance, and loss of companionship (among other things). Depending on what state you are filing in, you will find the laws to be different. This is the reason you will need a wrongful death attorney to apprise you of your rights and how to file in your state.Each state also has a statute of limitations that often varies as to when the time expires for filing a wrongful death lawsuit. Your attorney will tell you when you need to file your suit. Generally speaking, it is within one to three years from the time of the loved one’s death.However, just because there is some time running to file a suit, don’t wait. A wrongful death lawyer must act quickly to get the evidence to prove that the defendant’s actions (or inaction) were the cause of death. It is also up to the attorney to show that family members are suffering and ask for adequate compensation on their behalf.