- Written by Cella
- Hits: 744
In his book, “One for the Road,” author Barron H. Lerner, MD, PhD, discusses how Americans love to drink and love to drive, and identifies these two separate inclinations as the most logical explanation to the problem of drunk driving in the U.S. Thus, despite stricter laws, harsher punishments and heavier fines, millions of Americans continue to drive while under the influence.
In 2012, an estimated 10,322 fatal accidents, all due to alcohol- impaired driving, were reported to the Centers for Disease Control and Prevention (CDC). This huge turnout in drunk-driving fatalities may actually still be considered quite a relief since there are more than one million drivers who get arrested every year due to alcohol-impaired driving.
The present blood alcohol concentration (BAC) limit for drivers in all U.S. states is 0.08%. Any driver, who will be pulled over by police officers and register a 0.08% or higher BAC, can be charged with driving while under the influence (DWI) offense, a major traffic violation. Punishment for violators include costly fines, jail term and, possibly, suspension of license, carrying of an SR-22 certificate, mandatory attendance in a DUI training class, community service, and/or installation of an ignition interlock device (IID) in their vehicle. For drivers below the age of 21, however, a much stricter rule is imposed: the “No Tolerance” policy. This “No Tolerance” policy mandates that no traces of alcohol should be found in teens' blood system while they are driving. Drunk-driving among teens is actually the leading cause of death among their age group).
The law considers drunk-driving as a grave act of negligence, much more so if someone gets injured or killed. Alcohol, as consistently proven through various studies, impairs a person. It affects a person's mental and physical coordination, making him/her less able to think clearly and react during emergency situations.
According to a Westchester drinking and driving lawyer, though violators, especially repeat violators, of the anti-drunk-driving law deserve to be punished, many are charged wrongfully, as a result of traffic enforcers' overzealousness in implementing the law. Being charged with DWI, more so convicted of the offense, can have destructive results in one's personal, social and professional life. Having a highly-skilled legal representative may be necessary for one charged to save himself/herself from possible conviction.
- Written by Cella
- Hits: 435
FLSA claims are cases filed in violation of the Fair Labor Standards Act. They are filed by an employee who was not paid overtime wages after they exceeded the required 40 hours of work per week. Most employers do not pay their workers overtime pay even if they are not exempted from receiving it. The FLSA requires workers who have worked overtime to be paid according to a fixed rate set by the law.
When filing an FLSA claim, you need not consult an attorney. However, these types of cases can be difficult to understand by an ordinary employee. It is therefore important to choose a lawyer with substantial knowledge and expertise with the FLSA. Your employer will most likely be defended by experienced lawyers so it is recommended to get the services of a lawyer to help you out with the case.
FLSA claims are filed as a “collective action” which includes employees who have expressed their willingness to be part of the case. Similar to a class action suit, FLSA lawsuits provides employees to come together and file one case against their employer. The complaint can be filed with the Department of Labor who will then conduct an investigation of the claim. Like any other lawsuits, they are subjected to a two-year statute of limitation. Therefore, you must file the case within that time frame or else you claim becomes void.
If the claim is successful, the parties to the case are entitled to receive back pay for all unpaid overtimes. The FLSA also requires employers to pay double the amount of back pay. Aside from that, they will be made to reimburse out of pocket litigation expenses and other attorney’s fees. The amount of the fees will be based on a certain percentage of the amount recovered from the case.
- Written by Cella
- Hits: 444
When shopping for car insurance, you might have encountered the term “deductible.” It is important to have an understanding of the term and how it can affect your insurance premium. A deductible is an amount of money that you will pay out of the pocket before insurance kicks in. Let us say the cost of damage to your car during an accident is $7,000 and your deductible is $1,000. You will pay the latter and your insurer will shoulder the rest.
So what impact will your deductible have on your insurance premium? The website of Zavodnick, Zavodnick & Lasky, LLC, revealed that the higher the deductible, the lower will be the monthly insurance rate. However, for some people higher deductibles means more out-of-pocket expenses. So the best option is to choose a deductible that you can afford. While there are policies that have no deductible, the insurance cost is significantly higher.
On the other hand, you can also opt for lower deductibles. It will definitely increase your monthly premium as well as your overall payment. But the difference now is that you can file and pay a claim and have your insurance company shoulder the rest of the bill. So it is generally it is up to you to decide the right deductible to add to your insurance premium.
When choosing a car insurance deductible, you should think about affordability. It will all depend on your budget. Consider your income, household budget, savings, and available credit. If all these will suffer with a high deductible, then by all means go for a lower one. It’s your choice. Understanding deductibles can help you get the right coverage at the right price.
It is worth noting that the cost of deductibles will vary from one state to another so make sure you get in touch with your insurance provider.
- Written by Cella
- Hits: 506
The US census of 2010 recorded over 40 million people more than 65 years old. “Baby Boomers” accounted for the largest segment of the population and within twenty years, they are expected to take up over 20 percent of the entire population. It is predicted that by 2050, people who are over 65 years old will constitute 20% of the whole population. The 85-year old segment is expected to hit 19 million by 2050 from 5.8 million during the 2010 census.
But while the elderly people continues to grow, a number of them are also getting abused in nursing homes. A study prepared by the minority staff of the Special Investigations Division of the House Government reported that 30 percent of nursing homes or 1 in every 3 elders are experiencing abuse from these facilities. A 2010 study conducted by Cornell University and the New York City Department for the Aging reported the following discoveries:
The incidence rate of elder abuse is nearly 24 times higher than the number of cases referred to social services, law enforcement, or legal authorities.
The most common form of elder abuse is physical
In New York alone, a minimum of 260,000 older adults experienced some form of abuse.
Similarly, the National Elder Mistreatment study revealed that 7 to 10 percent of all persons who participated in the survey said that they experienced some kind of abuse . In 2000, the National Center on Elder Abuse found out that 44% of these senior citizens said that they were abused, 95% of the surveyed group indicated that they had been neglected or had seen others neglected.
According to the website of Karlin, Fleisher & Falkenberg, entrusting your elderly loved one could have been difficult and that you expect the facility to treat them with dignity and compassion during their stay. Unfortunately, abuse can happen anywhere including nursing homes. In fact, according to studies, abuse of older persons is more often in community settings than in other settings.
The Different Kinds of Abuse
Depending on the kind of abuse, nursing home abuse can either be short-term or fairly permanent. There are different kinds of abuse that are present in these facilities:
This type of abuse involves the use of physical force resulting to bodily injuries, physical pain, or impairment. It may involve but is not limited to various acts of violence such as striking, beating, hitting, shoving, slapping, and others.
Sexual abuse includes but is not limited to illegal touching, all kinds of sexual assault or battery, and sexually explicit photographs.
Emotional or Psychological Abuse
In this kind of abuse, a person inflicts pain, anguish, or distress using verbal or non-verbal acts. Examples of emotional abuse include verbal assault, insults, threats, intimidation, harassment, and others.
Neglect is the refusal or failure to fulfill a person's obligation or duties to an elder.It means not providing the elderly with various life necessities.
Here, the individual leaves the elderly person who has taken over the counter in order to care for them or by a person with physical custody of an elderly person.
Financial or Material Exploitation
This type of abuse involves the illegal use of an elder's funds, property or assets. The person assigned to cater for the elder cashes checks without the knowledge of the owner. He also forges signatures
The elderly person threatens to end his or own life. It is manifested when the older person refuses or fails to have adequate food, personal hygiene, medication, and safety precautions.
- Written by Cella
- Hits: 983
What do customers want for an HVAC?
Streamlining your HVAC installation business is crucial if you want to stay ahead of the competition and establish a firm foothold in the market. However, this task is not always as easy as it sounds. It may not be easy to determine what needs to be trimmed down in your business process to make it as seamless as possible. But, according to the website of FollowUp Power, innovative business solutions allow HVAC contractors to have the power to track everything, from bids to sales, allowing them to manage their HVAC business better.
But streamlining your processes would be pointless if you don’t deliver your customer’s expectations. Although customers’ needs are different based on their circumstances, below are some of the things that most HVAC buyers are looking for in a unit:
Efficiency is power and savings rolled into one. People want an HVAC that’s powerful enough to condition a room without ruining their electric bills. HVAC efficiency is measured by Energy Star rating, or EER. The higher the EER of an appliance is, the more energy efficient it is. You can actually cut down at least 10% of your energy consumption for every point difference in EER.
Sleeping could be a nightly ordeal due to a noisy HVAC. Many consumers are looking for newer lines of HVAC that are designed to be almost noise-free. So, consider selling brands with lower decibel levels.
Most customers are looking for HVAC with innovative features. Most HVAC units are now equipped with inverter compressors, which automatically control the speed of the fan and the motor, allowing them to be more eco-friendly and energy-efficient.
Finally, having an HVAC unit that frequently breaks down could be a tremendous time and money killer. But although you sell HVAC that’s built for long service life, there are instances when repairs are inevitable. So you have to find a way to make your team available whenever a unit dysfunctions.
- Written by Cella
- Hits: 855
Air travel can be one of the more stressful ways to travel for anyone with a fear of heights, or anxiety over being out of control of their mode of transportation. Despite this, almost everyone will experience air travel at some point in their lives, as it has quickly become to most efficient way to travel. While it is truly a modern marvel that these vehicles travel the distances they do at the speeds that they do, many take for granted the assurance that their aircraft will travel smoothly and free from error. Of course, everyone fears a plane crash resulting from a plane malfunction. However, for some this fear unfortunately becomes a reality. Strict protocols often prevent defective or malfunctioning air crafts from leaving the ground, however at times, these vehicle make it into the air, becoming a danger to all passengers aboard.
According to the website of the The Sampson Law Firm, some common examples of potential airplane defects or malfunctions include: communication devices failure, improperly working brakes, landing gear failure, engine failure, and malfunctioning gauges. Not all of these will result in a full plane crash but they can all cause danger, confusion, and difficulty for pilots, passengers, and at times other planes they share the airspace with. It is the responsibility of the airplane manufacturers to make sure that their planes are safe and properly working.
Plane crashes are some of the greatest tragedies a family can suffer. In some cases these catastrophic losses are simply tragic accidents, which could not have been prevented. However, at times these crashes are due to the negligence of a manufacturer resulting in defective or malfunctioning parts. In these cases, the victim or families of the victims of such an accident may be entitled to certain damages to help ease the financial burden of such a loss.
- Written by Cella
- Hits: 1125
Plenty of women deal with nausea and vomiting during pregnancy. Typically referred to as morning sickness, these symptoms usually strike during the first trimester and vary in their severity. For some women, morning sickness can involve mild symptoms that wane over the course of the day. There are others who only feel nausea and aversion to certain kinds of food. However, there are also those who suffer from more intense manifestations of the symptoms that they end up losing vital fluids and nutrients.
There is not definitive answer to what causes nausea and vomiting during pregnancy. Medical professionals do believe that the symptoms are likely due to the combination of physical changes that comes with pregnancy. Most researchers owe morning sickness to the spike in the body’s production of hormones like estrogen and human chorionic gonadotrophin (hCG). As the University of Maryland Medical Center points out, these hormonal changes could be triggering the part of the brain that controls nausea and vomiting. Another theories point out that nausea and vomiting could be due to other symptoms felt during pregnancy. In particular, a pregnant woman’s heightened sense of smell could lead her to feel more sensitive about odors that might not have bothered her before. Other possible causes of morning sickness also include stress and a high-fat diet.
Less severe symptoms of morning sickness can be addressed with some helpful diet and lifestyle changes. Eating certain types of food can help ease an upset stomach caused by nausea. Getting plenty of rest and reducing stress can also prevent future dizzy spells. For more severe cases, pregnant women can consult with their doctors for medication that might help quell the discomfort they feel.
One drug doctors typically prescribe is Zofran, which is typically used to treat nausea and vomiting caused by chemotherapy. It is, however, important to note that Zofran has been reported to have caused notable side effects. Aside from muscle spasms and changes in vision, the drug could also pose a risk to the unborn child. According to the website of the Zofran lawyers of Williams Kherkher, there have been cases when the drug was found to have caused birth defects. Although researchers have yet to find a definitive evidence to support this conclusion, women dealing with pregnancy sickness should still err on the side of caution. It’s best to consult with your doctor to find an alternative treatment for your symptoms.
- Written by Cella
- Hits: 1129
In this day and age – anybody can be anybody.
Fake IDs are getting made and handed out like loose, extra change. People make up references all the time, often for nefarious purposes. Imagine then the dangers that could pose if someone of this caliber were to be a crew member of a cruise ship?
There have been many terrorist attacks that start off in much of the same way. People with seemingly flawless credentials and yet have an entirely different purpose that then endangers the life of everyone on board? You’ve seen it happen in blockbuster movies – and it can happen just as well in real life. That is why it is of the utmost importance that both cruise ships and its crew members are inspected for every discrepancy, as a safety precaution, just in case.
What could be so terrible about someone whose paper doesn’t match the person? A lot of things can be terrible – and this is often the case of many sexual assault charges on cruise ships. Some crew members may not have registered as a sex offender or none of the references may have included signs of abuse or physical violence. Sexual assaults can happen to anyone regardless of gender – they are always nonconsensual and they are always traumatic.
A lot of psychological damage is done unto the victim and there is a lot that can never be repaired by time. That is an open wound that that person will carry for the rest of their lives – which is why it is imperative for legal action to be taken immediately in order for some justice to provide at least a little bit of comfort towards the wronged party. Sometimes, cases like this can be jeopardized by incompetent representation or because it was not reported as soon as possible, allowing for the guilty party to escape justice.
According to http://www.thevuccilawgroup.com/, there are rights and privileges that you are entitled to and it is only right that you fight for them.
- Written by Cella
- Hits: 1325
Pharmaceutical drugs are always manufactured to serve a good purpose; however, it cannot be denied that some turn out to cause harm, maybe due to the overall health background or weak immune system of others, thus they react to the drugs’ chemical compositions more negatively than positively. It could also be that the drugs were not really tested exhaustively, but was approved, nonetheless and released for prescription despite the lack of knowledge with regard to their actual potential dangers, or despite their positive effects, the users becomes too dependent on them, abusing them instead, thus resulting to negative effects.
When the drug methamphetamine was discovered in 1919 no one supposed that it would end up being labeled by the US Congress (in 1971) as a Schedule II drug (that is, a drug that has an accepted medical use, but is under severe restrictions due to the high potential of abuse by the user).
With its chemical cousin amphetamine, the wide use of methamphetamine happened in the early 1940s in treatment of various forms of disorders, such as depression, alcoholism, narcolepsy, obesity and attention deficit hyperactivity disorder (ADHD), tagged previously as a minimal brain dysfunction or behavioral syndrome. The drug, sold under the names Desoxyn and Methedrine, was also used the keep World War II US soldiers alert.
Currently, both methamphetamine and amphetamine are used to control weight (due to its formulation that decreases appetite), for stamina and better performance among athletes, to keep truckers awake in order to complete long hauls and to treat mild depression. Prolonged or increased use of methamphetamine, however, can lead to paranoia, disordered thinking, aggression, extreme mood swings, psychosis, increased blood pressure, loss of appetite, sleeplessness and, at times, hallucinations. Heavy users who will discontinue use of the drug may experience severe depression, fearfulness, anxiety, lethargy and withdrawal symptoms.
Having been classified as Schedule II drug, use and possession (and worse, selling or intent to sell illegally) of methamphetamine, outside medical use, is considered a crime both under federal and states laws. A conviction can mean costly fines and jail term (the length of which depends on the amount of methamphetamine possessed. A felony conviction means a much longer imprisonment compared to a misdemeanor). Besides the drug, however, laws also prohibit the possession of the chemicals and paraphernalia used in its manufacture.
Methamphetamine, which can be manufactured as a rock-like or white powdery substance is made from chemicals. It is also known as “glass,” “speed,” “crank,” “ice” and “crystal meth,” and its use vary as it can be smoked, swallowed, injected or snorted.
A charge of a meth-related crime is a serious matter that requires nothing short of a very good and strong defense from a highly competent lawyer. If charged with a meth-related crime, contacting a criminal defense lawyer from the Flaherty Defense Firm would be a very wise move as this will definitely be in the best interest of the person being accused of the crime
- Written by Cella
- Hits: 1551
Design is a lot of things to a lot of people. To some, it's simply the way a product or website looks. For others, it takes a much more holistic meaning. For them, design encompasses everything about the product that is being designed, from the way it looks and feels to the way it is put together, to the way the end user will use it.
There are many schools of design that focus on various aspects of design as a whole. For starters, there is graphic design, which is perhaps the oldest kind of design. Graphic designers work towards making sure an item is aesthetically appealing instead of aesthetically appalling. They work with anything that is related to a project's visuals, from designing logos to figuring out the best way to arrange information.
User interface (UI) design and user experience (UX) design deal with how a product's design affects its user. Designers strive to make it so the user has easy access to all the features they need to use the product without spending a lot of time learning how to use the product. In other words, the goal is to make things as intuitive as possible. This includes choosing icons that elegantly convey functionality and producing products in a shape that is ergonomic and usable. UI and UX have a lot in common and rely on one another, along with the item's graphic design.
Design is a complex profession that asks a lot of a person while offering few hints towards what is best practice. In fact, popular advice for designers is to make their contribution to a project feel like a little while being a lot. This is difficult to quantify, but it's easy to identify when it arises. Think the design of the original iPod, with it's single button and round scroll wheel, or the difference between a text-based user interface and a graphical user interface on a Linux computer.
- Written by Cella
- Hits: 2088
The medical condition popularly referred to as Low-T (for low testosterone) is not actually a medical condition, but possibly a symptom of an underlying disease or disorder, especially for younger men. In many cases, however, low testosterone levels is simply a sign of aging; men normally produce less testosterone as they get older, resulting in reduced sex drive (which is nature’s way of saying they can no longer run after any new offspring!) and lowered physical stamina and vitality. While this is perfectly normal at a certain age, some men clamor for a way to go back to the way it used to be, and drug companies are happy to oblige.
That is the basis of those who are filing testosterone supplement lawsuits. Products such as Androgel by pharmaceutical company AbbVie are hormone replacement drugs applied on the skin (transdermal) or taken internally (oral). In the case of transdermal products, at any rate, studies indicate that they increase the risk of patients for cardiac problems or stroke by nearly 1/3 more than those who have not taken the medication. While the link has not been conclusively determined, there is enough evidence to prompt the Food and Drug Administration (FDA) to start an investigation, spurring those who have already suffered a stroke or developed a cardiac disorder within three years of taking testosterone supplements to file civil lawsuits.
AbbVie in particular is being targeted, the plaintiffs alleging that the company’s aggressive marketing of the Low-T products did not include adequate warning about the dangerous side effects of the products. An article on the website of law firm Williams Kherkher mentions that a petition has been lodged with the FDA to require a black box warning for these types of products.
There is a potential for these Low-T cases to escalate to a major headache for these companies because the demand for testosterone treatment has sharply increased in the last decade, prompting the mushrooming of Low-T clinics across the country. Some men who have been convinced that the medication was a cure-all took the supplement despite the refusal of their regular doctors to put them on it because they did not qualify medically for Low-T with an underlying medical problem.
If you have been harmed from taking testosterone supplements, you could join the ranks of patients who had the same experience in civil litigation. Retain the services of a competent lawyer with experience in dealing with pharmaceutical companies to get started.
Page 1 of 2