Who Is Entitled to File a Wrongful Death Claim?

To act with responsibility so as not to put anyone’s life in danger is both a moral and legal duty of any person. All human laws basically point to this, promoting and commanding at the same time respect for properties and, most importantly, human life.

It is for such reason why manufacturers of consumer goods have standards to comply with, why health care experts, like doctors, go through rigorous study and training, and pursue continuous growth, why laws that mandate the creation of a safe and healthy working environment have been passed, and why drivers, especially of commercial vehicles, are required to enroll in professional driving schools where they will learn and develop the skills necessary for safe driving.

Negligence or recklessness, however, continue to be the dominant behavior of so many people, choosing the excitement of taking risks over the safety of all those around them. Thus, because of these negligent or reckless acts, millions of accidents happen every year, accidents that injure millions of people and claim thousands of innocent lives. These injuries and loss of lives usually result from medical malpractice, car, truck, motorcycle or bicycle accidents, pedestrian accidents, defective products, poorly maintained premises, and workplace accidents.

Under the law, negligence has one presupposed factor: strict liability. This presupposed factor legally holds the negligent individual totally accountable for whatever result his/her negligent behavior leads to, whether injury of loss of life.

In the event of death, the victim’s surviving family, legally called the “real parties in interest,” may file a wrongful death claim or lawsuit through its chosen representative (may be a lawyer or any family member). The “real parties in interest,” first and foremost, refers to the dead victim’s, or decedent’s, husband/wife and children, whether biological or adopted). If the decedent was unmarried then the parents are the first in line. If the parents, however, are already dead, then some states consider the following persons as “real parties in interest”:

  • Those who were financially dependent on the victim, such as a life partner or a putative spouse. A putative spouse is someone who sincerely believes that he/she and the decedent were married
  • Grandparents and siblings
  • Any person whom the decedent cared for or supported while he/she was still alive, but who will definitely suffer financially due to the victim’s untimely death.

The victim’s untimely death can certainly cause devastating financial effects to his/her family and recognized dependents, making the need for compensation an immediate matter. While the law allows any family member to be the (family’s) representative, if this person lacks knowledge about the laws governing wrongful death and wrongful death claims, then it will do much good for the family to seek the help of a seasoned wrongful death lawyer, such as one from Louisville.

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Health Effects of PCBs

Studies show that polychlorinated biphenyls or PCBs are definitely pollutants, and they are definitely toxic. Various lab animals exposed to varying levels of PCBs demonstrated adverse health effects, which were fatal at high doses. There are no conclusive study on humans as of yet, but it would be safe to infer that PCB exposure will also have deleterious, possibly carcinogenic, effects.

PCBs are synthetic organic compounds of chlorine and benzene concocted by German scientists in 1881. It served as a coolant for machines and insulation for electrical components. Swann Chemical Company first produced the PCBs in North America in 1929. Monsanto PCBs came into being when Monsanto Company took over production from Swann in 1935, and began selling PCBs under the brand Aroclor in the US. PCBs are persistent in nature, and released in the environment through use and manufacture.

There are 209 types of PCBs and they have various levels of toxicity, apparently dependent on how many chlorine atoms attach to the two benzene rings (biphenyls) in a PCB molecule. The more chlorine atoms, the less soluble it is in water. There are 7 PCB types that were widely used in North America until 1979, when the US Congress halted the production of PCBs.

The issues with PCBs are due mainly to its similarity in structure and toxic modality to dioxins, which are persistent organic pollutants. They get into everything: the soil, the water, and the air. They are very hard to get rid of, and so the risk of exposure is very high. Dioxins and PCBs are absorbed into the fatty tissue of animals, including humans, and affect vital organs.

PCBs are excellent for industrial applications, because they are very stable and resistant to degradation. However, this also makes them very dangerous to humans and the environment in general. Direct exposure is not necessary: a husband can bring it home on his clothes and affect his wife and children; a previously exposed mother can pass the PCBs in her body on to a breastfeeding infant. While there is no definite proof yet that PCBs are harmful to humans, scientists believe that it is only a matter of time before the first toxic exposure victims step forward.

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SXSW: What Are You Waiting For?

Are you interested in film, music, and interactive? Then surely you have already heard about the South by Southwest (SXSW) Festival in Austin?

Well, just in case you haven’t – SXSW is a week-long festival that occurs in Austin, Texas. This event has been going on since 1987, during a time when Austin was not even considered as one of the top 20 major markets! However, with its great potential and fair metropolitan, it was only ever the perfect venue for such a festival! Not to mention that place has been the place to be for a party – dating as far back as the 19th century!

This March, many celebrities will be in attendance – as well as musical groups and over a hundred worldwide premieres on site! These ten days are a promise of collaboration and celebration of each other’s accomplishments as tens of thousands of artists from all over the world come together in order to share their work, have their voices be heard? There are meet-ups with experts and enthusiasts galore as this really is the place to be, if film, music, and interactive is your scene!

SXSW limo ridesWhat better way than to arrive in style via a limousine ride from the Austin airport? Every comfort and every luxury is one you have well-deserved and seeing as traffic is abominable at busy times around Austin, such as this, then parking is only ever going to be a bigger nightmare. There is so much to do and so many things to see and people to meet at SXSW; do you really want that time hindered by something so easily corrected such as parking? This is not a time to sacrifice comfort as these are times and experiences you will want to remember for the rest of your life and in these times, you too are a star and deserve all the things that come with it!

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Birth Defects Linked to Zofran Use

Was your child born with a cleft lip, cleft palate, or congenital heart defect (CHD)? These are birth defects that are present collectively in more than 47,000 newborns in the US every year, with CHD being the most common. In most cases, the causes of these birth defects are unknown, and parents are encouraged to look upon it as nothing more than the roll of the dice. However, there are studies into these types of birth defects that link them to the use of certain drugs. One of these is Zofran (ondansetron) manufactured by GlaxoSmithKline.

Zofran is a powerful antiemetic (prevents nausea) that blocks 5-HT3 receptors in the central nervous system and the gastrointestinal tract. It is customarily prescribed as per Food and Drug Administration (FDA) approval for the prevention of severe nausea in patients undergoing chemotherapy or radiation therapy (using cytotoxic drugs) and post-surgery. In some cases where morning sickness is so severe that the mother is put in danger of severe dehydration and electrolyte imbalance from constant vomiting (hyperemesis gravidarium), she may be prescribed with Zofran or its generic counterparts.

The problem with this is Zofran is not approved for use in pregnant women. In fact, all antiemetics are not recommended for use during pregnancy because there are not enough studies to validate any risk-benefit analysis. However, when severe morning sickness threatens the health of the mother and child, physicians have no choice but to prescribe one. There are no warnings published by the manufacturer that Zofran poses a greater risk of birth defects to the developing fetus than any other antiemetic, so physicians have no reason to believe that it will harm the child. Ongoing studies indicate that Zofran may in fact be particularly prone to increase the risk of birth defects.

If you have been prescribed with Zofran and your child is born with a birth defect, you may want to consider filing a Zofran lawsuit. The manufacturer knew or should have known that it would pose unreasonable dangers to your child, and should have provided adequate warning to doctors and the public against its use. Contact a dangerous drugs lawyer in your state to explore your legal options in such cases.

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Chinese Drywall Dangers

Making your home pretty may make you sick, too.

Thousands of homeowners in the US have been adversely affected from exposure to drywall imported from China. More than 550 million pounds of the product was brought in between 2004 and 2007 to offset the shortage caused by the real estate boom and the hurricanes that destroyed thousands of homes. Drywall is primarily used for interior walls and ceilings and typically gypsum plaster encased between thick sheets of paper

An investigation was launched by the Environmental Protection Agency (EPA) to determine if the Chinese drywall was indeed toxic, and results showed that it contained high levels of pyrite. Pyrite is an iron sulfide that is commonly referred to as “fool’s gold” because of its color, and may account for high levels of the following chemicals in affected homes:

  • Carbon disulfide
  • Hydrogen sulfide
  • Iron disulfide
  • Sulfur dioxide
  • Sulfuric acid

These chemicals at significant levels can lead to adverse health effects and extensive property damage, primarily by corroding metal. Those who were exposed to these chemicals, especially sulfur, suffered nausea, breathing difficulty, eye irritation, and chest pain within hours. And because these drywalls were installed in homes, thousands of people were exposed for extended periods which led to asthma, dizziness, memory loss, irritability, chronic fatigue, insomnia, and loss of appetite.

The most affected states were those with high humidity, but any home where the contaminated Chinese drywall is installed such as those in Nashville will likely have some level of toxicity. Homeowners should replace them if they notice a rotten egg smell emanating from it or corrosion in metals in contact with a particular drywall.

According to the website of a Nashville personal injury lawyer, if your health or home has already been seriously affected by contaminated Chinese drywall, you may be able to file a claim against the responsible party. Contact a toxic exposure lawyer in your area for more information.

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Essential Tips And Tricks For Finding A Good Lawyer

Though nobody likes to entertain the thought of needing an attorney, it is an unfortunate fact that most people will need the services of a legal professional at least once in their lifetime. As the world gets more complicated, this possibility increases. Rather than waiting until an emergency arises, establish a relationship with an attorney now. Read some tips here on how to do that.

When you truly need a lawyer who specializes in a specific field, choose one. While you may have a lawyer who you trust implicitly, they may not know enough to truly handle your case in a manner which leads to a positive outcome. Ask that lawyer for who they might recommend instead.

A lawyer who specializes in a specific issue will be an advantage for you. Specialized lawyers can be more expensive but these lawyers have extensive experience with cases like yours. You should avoid lawyers who spend most of their revenue on promoting their services and rely on their good reputation and results instead.

A good tip if you’re looking to hire a lawyer is to try to find the right lawyer for the task you need. If you’re simply wanting to draw up a contract, hiring a big shot, corporate lawyer is probably overkill and is just going to cost you a lot more.

You should establish a budget before you start looking for a lawyer. Go over your finances and assess how much you can afford to spend on a lawyer. You should not let lawyers know about your budget when you ask for quotes but this is a good way to narrow down your research. Lost of lawyers only charge you if they win your case, according to http://www.abelinjurylawyers.com, so that can be something to look for as well.

You are now aware of the need to protect yourself with legal council way before there is an urgency that leaves you vulnerable. Use the insights here to wisely choose an attorney who will have your back when the chips are down. Then relax and know that your are covered.

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The Information You Need To Deal With Your Personal Injury Case

Dealing with personal injury legal matters isn’t fun, but it can help later on. You can also help others to be protected in the long run. This article is going to give you advice if you don’t know how to proceed.

When in a car accident, write down what happened as soon as you are safe to do so. For example, what you were doing when it happened, how you are hurt, what damage there is to your car, what damage there is to the other car, and what you think caused the accident or how the other driver was at fault.

Make sure that you hire an attorney that specializes in personal injury law, like those at the Abel Law Firm http://www.abellawfirm.com/practice-areas/personal-injury/. There are lawyers out there who practice several types of law. It is in your best interest to find one who only practices this type of law. It will increase your chances of success since your attorney will know exactly what he is doing.

Make sure that you gather all of the information you can from anyone that was involved in your injury. This means that you should get the addresses, names and phone numbers of the party that injured you as well as any witnesses that were on the scene. You should also take note of anything that is said during the time of the accident.

Lots of shady attorneys run lots of ads, and you should think twice about responding to them. Not only do they have poor reputations, how can you know who they truly are? You should always meet a lawyer in-person before deciding to use them for representation.

It’s in your best interests to go through the temporary difficulties of dealing with doctors and lawyers in pursuing your personal injury case. Hopefully, you are walking away from this article much more knowledgeable than when you started reading it. Avoid missing court, listen to what your lawyer says, and you should prevail.

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Personal Injury Advice And Information You Can Use Today

Millions of people are affected by personal injury cases each year. If you have endured long hours of suffering, you certainly deserve compensation for your troubles. Knowledge is power when it comes to reaching a fair settlement. The following article was written to help you understand the personal injury settlement process and to help you seek out a fair attorney.

If you believe you may have grounds for a personal injury case, see a physician immediately. In cases where there is a pharmaceutical tort, such as with Yaz, Risperdal, or testosterone supplements, it’s important that your information be documented as soon as possible. It will be used as valuable evidence later, but by the time you have your day in court, the injuries may have healed and you will have no proof of them.

Make sure that you hire an attorney that specializes in personal injury law. There are lawyers out there who practice several types of law. It is in your best interest to find one who only practices this type of law. It will increase your chances of success since your attorney will know exactly what he is doing.

Get out of your vehicle and take photographs of the scene from several different angles. You should take pictures of your vehicle and that of the other party. This is important since it will prove the damages were not exaggerated by you or the person you got into the accident with.

Never try to negotiate with an at-fault party or their insurance company without having an attorney present. They may try to take advantage of your lack of legal knowledge to make you an unfair offer. Even if you feel like you are confident and can represent yourself, call a lawyer and have them present at the time.

When choosing a personal injury lawyer, pay special attention to the size of their firm. Generally, larger firms mean that more than one lawyer may work on your case. These are usually Associate Attorneys who are trying to gain some legal experience, while having a senior attorney oversee and make the final decisions. Smaller firms can usually provide better management by having fewer people working on a case. Feel free to ask if other attorneys will be working on your case in any firm you’re interested in.

Your attorney might be the one doing most of the work when it comes to your personal injury case, but you can still be knowledgeable. It is important that you keep in mind all of the important information that was discussed in this article. By doing so, you will ensure you are fairly compensated!

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What’s a Unit Study, Anyway?

Unit study helps. We believe in this so strongly, that we named our website after it! But what is unit study and why does it help so much?

desertStudying topics in single units rather than disjointed subjects allows children to organize information in ways that make more sense to their developing minds, which haven’t yet been completely exposed to the departmental ways subjects are segmented off. For example, a unit on on the world’s deserts could include sections on desert wildlife, people who have traveled through deserts, ancient desert civilizations, weather conditions in the desert, and desert ecosystems. This comprises a “unit” on deserts that touches on a vast array of traditional “subjects.”

For more examples of units and potential lesson plans, visit this page.

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State and Federal Administration of SSI

The Social Security Administration (SSA) makes Supplementary Security Income (SSI) available to elderly people or disabled people in need of extra financial support. The amount that a person is able to receive in SSI payments depends on their location (cost-of-living), who they live with (if they have dependants), and income.

For clarification purposes, the SSA has a specific definition of “income” so that they are able to consistently calculate how much a candidate is able to receive. According to their website, the SSA defines income as “anything a person receives that can be used for food or shelter. Income includes cash, checks, and “gift” items received, such as food and shelter.” Income is split into two categories, earned and unearned. Earned income is any money previously received from employment, and unearned income is considered as benefits received from workers compensation funds, disability, etc.

Over 30 states in the United States manage SSI benefits through state administration rather than federal administration. Applications should be directed to state agencies for people applying for benefits in states that manage their own supplements. According to the website of the Chris Mayo Law Firm, consulting an attorney when applying for SSI benefits can help push the process along more efficiently. State administered SSI benefits can give beneficiaries added advantages like Medicaid and additional assistance services like the Supplemental Nutrition Assistance Programs (SNAP), formerly known as food stamps.

Texas is among the states that handle SSI payments through the state government. Since large cities like San Antonio are multi-cultural hubs, many people without citizenship frequently ask if citizenship is a requirement in order to receive SSI. Typically people must be a United States citizen, however there are some exceptions. Members of federally recognized Indian tribes, noncitizens admitted as immigrants, Cubans and Haitians admitted under the Refugee Education Assistance Act, victims of human trafficking, and Afghan and Iraqi entrants regarded as lawful permanent refugees are eligible to receive SSI benefits.

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