Why More Lawyers Are Better Than One

Posted by in Divorce

There’s a lot of comfort in going to a single lawyer with his own small practice when seeking a divorce. “This feels pretty comfy,” you might think, and that’s just what you’re looking for when your house is in disorder. You want comfy, and here’s the small office of your local lawyer, and he or she seems nice, and isn’t that all you need anyway?

When it comes to divorce, that’s a definitive “no.” What you need is the best lawyer, not the one with the comfiest office (although that’s a great bonus if you find it with a great lawyer attached as well).

In fact, when you’re pursuing a divorce, and particularly when you’re worried it will be nasty, what you really need is not one lawyer that you like but a big law firm.

Some people are reticent to go to big law firms for some reason. They worry they’ll get lost and their case forgotten, that they’ll call for information and never talk to a real person with a real update.

That can be the case at some big firms, and you should be careful about which firm you choose for that reason, but a firm is exactly what you need.

Why? Why go with a law firm with multiple lawyers instead of that single small office lawyer you liked?

There are a lot of answers to those questions. First, having multiple lawyers is a sign of success. You want your divorce lawyer to give you the best legal assistance, right? Well, then you want a divorce lawyer that is connected to a firm that has proven over and over they know how to win for their clients.

You also want a law firm with the resources to handle your case. Divorce is complex, and your lawyer may need to use a great deal of knowledge and skills to get you the best outcome. Can that single lawyer pull that off? Maybe, but you have to hope in a way you don’t with a bigger firm.

Perhaps the best reason, though, is that a law firm with multiple lawyers can rely on the experience and expertise of multiple lawyers. A law firm with several lawyers can give your case to the lawyer that knows best how to work with the specifics of your case. You don’t have to wonder if your lawyer knows how to handle a complex custody case; at a firm with several lawyers, you’ll know your lawyer is an expert in that area.

Just look at the breadth of issues a law firm like Kessler & Solomiany, LLC can handle, and then compare that to what you see on that individual lawyer’s site. A bigger law firm can use its team to give you the best outcome, while that single lawyer can only rely on what he or she knows and their individual experience.

When you look at it like that, the choice should be obvious. Just ask your lawyer from your bigger firm to meet you in a more comfy location than their office.

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Memories of crashes

Posted by in Car Accidents

I was just reading about a crash that killed a pedestrian around Fort Worth today, and it made me so sad. I always get so upset thinking about such things. How can people be so reckless? You know?

Stories like that, they always bring back thoughts of friends I’ve lost through tragedies, particularly cars. I’ve had more than my share of loss due to other people driving without regard for others. My sister, Sarah, when she was just twelve, she was hit by a car. Thank God, she survived, but she still has lasting problems due to that. Her early onset arthritis I’m convinced came about because of that accident.

Then, my friend Nick in college died crossing the street. It was a big party weekend, and someone, of course, was driving drunk. He went to jail for it, and I bet that ruined his life, so that’s really two lives that were ended by that accident.

I just don’t know what to do about such things. On some level, I want some vengeance for the victim. I want their family to sue whoever did this, to take them for everything. I have a good mind to call up that family and recommend a lawyer (another friend had some success with these lawyers, so I have a number handy).

But then, I think about that poor boy who hit Nick. I remember seeing him afterward, during the whole process when they were charging him and gathering evidence. He was broken, believe me. I don’t know how you cope with making a mistake like that, and then prison on top of it. And as far as I know, Nick’s family may have sued him too, or his family at least. Was that fair? I just don’t know. I can’t help but feel angry for a victim like Nick, but I hurt for the boys like the one who hit him too.

Was the person who hit that pedestrian in Fort Worth as easy to sympathize with? I don’t know. I couldn’t finish the article, so I didn’t see if the driver was drunk or speeding. I don’t know if they were simply not paying attention or if the pedestrian stepped out in front of them. Maybe I don’t want to know. I don’t want to put that burden on myself, to decide, even if just it’s a decision just for myself.

What I want is to let such stories go and not think about them. I don’t want to make the associations I always make with my own life, and I don’t want to imagine every victim as Nick or Sarah. I want to just let it out and let it go.

That’s why I’m going to start writing here. Hopefully, putting everything down here whenever I start remembering and getting upset, will help me do more of that letting go. I want to put it on this page and then forget it. I hope it works.

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Medical Malpractice: Surgical Errors

Posted by in Medical Malpractice, Personal Injury

You go to the doctors to help treat your medical condition, but sadly, there are instances where the doctors do you more harm than good, like on the instances of medical malpractice.

Medical malpractice happens when a medical professional who has the duty of care to a patient has violated that duty of care, either through action or action, and this violation has resulted into the harm of the patient. According to the website of Russo, Russo & Slania, P.C., negligent medical professionals can be held accountable and forced to provide much-needed compensation to the victims through a medical malpractice lawsuit.

There are different negligent acts, such as misdiagnosis, medication error, and lack of informed consent. But whatever negligent act you have experienced, it doesn’t change the fact that it has health and monetary consequences. One of the most devastating, both in terms of health and monetary consequence, is surgical error.

A surgical error happens when a medical professional has made a mistake before, during, and after a surgical procedure. This is an extremely dangerous mistake because it can lead to the rise of new complications and worsening of existing ones, and the worst thing about it is the fact that the patient doesn’t deserve it. It has only happened because of the negligence of a medical professional.

Below are some of the most common surgical errors:

Anesthesia Error – Too much or too little anesthesia can have devastating effects, including brain damage and extreme pain during surgery.

Foreign Object Error – Surgical tools that are left in the body can be dangerous. Aside from the obvious pain, leaving foreign objects inside the body can lead to organ punctures and infections.

Nerve Damage Error – Speaking of organ punctures, foreign objects are not just the culprits of such, as even the wrong or incompetent use of surgical tools during surgery can also cause such injuries. The most common culprit is the scalpel.

Site Operation Error – This may sound ridiculous because of how incompetent it is, but operating on the wrong body part does happen, resulting into the extraction of the wrong kidney, amputation of the wrong limb, and many other scenarios.

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It is a Sad Thing that Preventable Injuries due to Harmful Products are inflicted onto Minors all too Often

Posted by in Car Accidents, Personal Injury

As reported by the Centers for Disease Control and Prevention (CDC), falls, drowning, burns, poisoning and motor vehicle accidents (which is at the top the list) are the leading causes of unintentional injuries and deaths among children in the U.S. Every year, more than 12,000 children (aged between 0 and 19) die and at least 9.2 million more are injured due to these causes.

As dangerous as those mentioned above are the many different products that people stuff in their homes and, it cannot be denied, so many of what Americans purchase are often causes of severe injuries or even death. The thousands of injuries and deaths caused by these products can be verified through the records of the U.S. Consumer Product Safety Commission (CPSC). These products include home furniture and décor, tools, children’s outdoor activity equipment, sports equipment, inflatable amusements, nursery products and children’s toys.

Between 2007 and 2010, millions of children’s toys were recalled by the CPSC due to the dangers that these presented, such as sharp edges that could cause lacerations, small parts that were considered as choking hazards, toxic substances and chemical contents that exceeded federal limits. The CPSC is charged with enforcing toy safety standards laws, laws that set guidelines on toys, like: the required sizes of children’s toys; the inaccessibility of the toys’ batteries and magnets to small children; noise and toxicity limits; and, the display of labels containing the possible risks of choking hazards.

One major issue with toys is that their labels often do not include their content or material. Since there are no laws regarding this, many local and foreign manufacturers, therefore, do not put on toys’ labels information regarding any possible harmful elements. This leaves consumers without any clue about the actual safety of the products that they buy (everyone can only assume that all products made available in stores are totally safe).

As explained by the law firm Mazin & Associates, PC, “Instances of child injury can be very frightening for all parties involved. It is a parent’s deepest wish that his/her child has the opportunity to grow up happy and healthy. Sadly, preventable injuries are inflicted onto minors all too often.”

The family of a child, who has been injured in an accident or due to the use of a toy or any other product that is proven harmful, has the legal right to file a lawsuit against the responsible party. In so many cases accidents occur and defective products continue to be manufactured and sold due to the grave negligence of some individuals. It would be wise to seek the help of a seasoned personal injury lawyer who will see to it that all the documents required in the lawsuit and that the child’s and his/her family’s rights and interests are strongly defended.

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Slip and Fall Accidents

Posted by in Workplace Injuries

A slip and fall accident refers to when someone falls, trips, or slips and is injured due to a dangerous condition on someone else’s property. Slip and fall injuries occur for a variety of reasons and can be very painful. Some common causes of slip and fall injuries include poor lighting, uneven flooring, narrow staircases, and wet flooring. Slip and fall accidents also include those injured due to a fall caused by snow, ice, an uneven sidewalk, or hidden pothole.

Slip and fall accidents can occur almost anywhere, but there some locations where these accidents are much more common. Some of the most common locations include grocery or big box stores, public parks, private homes, sidewalks, and workplaces. The biggest issue in regards to slip and fall accidents is that of responsibility. Determining whether or not someone is legally responsible for a slip and fall injury is particularly tricky. Each slip and fall case is different and legal responsibility depends on if the property owner acted carefully to ensure that slipping or tripping would not be likely to occur. The property owner may also be held responsible if they created the unsafe condition, for example making floor extremely slippery after waxing. The other determining factor of legal responsibility is whether the person who fell and injured themselves was careless in not avoiding the hazardous condition that caused the fall. For example, a customer who trips over a large display in a grocery store aisle will typically not be compensated for their injury since the displays are clearly visible and very commonplace in stores.

The best way to prevent slip and fall accidents is to simply exercise caution when walking in areas that may have dangerous conditions.

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Making Drivers Realize Just How Dangerous Texting and Driving Really Is

Posted by in Car Accidents

Due to driving distractions, 424,000 individuals were injured and 3,154 lost their lives in 2013 ( in 2012, those who got injured due to distracted driving numbered only to 387,000). In 2014, the National Highway Traffic Safety Administration said there were 3,179 deaths and 431,000 injuries that resulted from 297,000 distraction-affected car crashes. Unlike drunk-driving, driving recklessly and overspeeding, which many drivers would not risk committing, distracted driving can happen to anyone – even to the most careful of drivers who are always concerned about road safety.

While there have been accidents which were due to factors that are beyond the control of drivers, such as defective car or car parts or defective or poorly maintained roads, highways and bridges, both the Centers for Disease Control and Prevention (CDC) and the Fatality Analysis Reporting System (FARS) of the NHTSA hold that 90% of all road crashes can be blamed on drivers.

Since 2012, texting and using a phone (whether hands free or hand held) while driving have always been the worst form of driving distraction in the United States and around the world. In the continues effort to show drivers, most especially young drivers whose age fall between 16 and 24, a non-profit organization in Belgium, called Responsible Young Drivers, for example, thought of a way to give new drivers a first-hand lesson on how dangerous texting and driving really is. By taking new drivers a driving instructor tells them that a new law required that Belgian drivers must first prove they can text messages (all in correct spelling and punctuation marks) while driving before they can obtain a license. What resulted in the actual texting and driving tests were lots of braking, swerving, swearing and crying for fear of not being able to obtain a license, and plenty of mangled orange cones along the driving course.

Hopefully the student drivers have seen and learned the effects of using a cell phone while behind the wheel and that it was enough to make them realize that, like drinking and driving, texting and driving is equally dangerous and can, indeed, result to road injuries and deaths.

Unfortunately, many other young drivers saw another thing from the posted videos (in Youtube) of the need to text and drive test in Belgium. Instead of realizing the dangers of distracted driving, one driver criticized those who took the tests instead, saying that they were texting the wrong way. They should hold up the phone above the steering wheel (like he always does) so they can keep their eyes on the road at the same time.

As explained by the law firm Evans Moore, LLC, one thing that can make car accidents so scary and so potentially dangerous is their unpredictability; you can be driving with the utmost attention and care, and still be unable to react to a distracted driver quickly enough to avoid an accident.

Car accidents can change your life in the blink of an eye and, wiith no way to prepare for such an event, families are often left without a way to address the considerable resulting financial damages, especially in the wake of the physical and emotional trauma you’ve sustained. Fortunately, you can pursue a legal action for compensation for the losses you’ve been forced to incur so that you can get back on your feet.

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Section 2422 (a) and (b) of Title 18 of the United States Code: On Solicitation of a Minor

Posted by in Sex Crimes

Section 2422 (a) and (b) of Title 18 of the United States Code says:

a) “Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both;” and,

b) “Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 10 years or for life.”

Once a convicted felon is release from federal prison, he/she is required under the law to register as a sex offender for the rest of his/her life. Failure to comply with this mandate would result to a new felony offense that carries up to 10 years in prison and considerable fines.

The crime of solicitation of a minor, which is defined as the deliberate persuasion or enticement of a child under the age of 16, to enter any form of dwelling for purposes that include engaging in a sexual activity, can be committed by anyone despite not actually carrying out the sexual activity that he/she intended to commit. The mere attempt to solicit or entice a child is enough for one to be pronounced guilty of this sex crime.

As explained by the Nashville sex offense lawyers at Horst Law, this offense can also be committed electronically, through emails or text messages a computer a cell phone or any other electronic device.

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Benefits of Shopping Insurance Quotes

Posted by in Money

Accidents can happen anytime, whether you are driving responsibly or not. For motorcycle riders, it is doubly important to have motorcycle liability insurance to help cover costs of damages should they be involved in an accident. Just as with other states, motorists should comply with at least the minimum amount of insurance coverage to ensure that everyone involved in the accident is covered. Likewise, those who don’t have insurance may even face penalties and imprisonment after they are in a motorcycle accident.

Getting insurance quotes is just one of the many ways that you can have the best insurance coverage that you really need. Aside from complying with the minimum insurance coverage, it might help to add optional insurance coverages to ensure that everything is properly covered and financial issues can be solved easily when an accident happens. According to the website of Karlin, Fleisher & Falkenberg, when you have your insurance coverage, it is important to always keep your insurance ID in your vehicle. This ID is important and should be presented to law enforcement when they request for it, because it not proves you have insurance, but also that you are financially responsibly should an accident occur.

If you are unable to provide proof of your motorcycle insurance coverage or financial responsibility, then you might get legally penalized. This is a particularly serious offense following an accident; when you are unable to provide proof of your motorcycle insurance after an accident or a traffic violation, you might have your license plate suspended. After being in a traffic violation or accident, or after receiving an insurance verification letter, you are given a specific time frame (specified by your state) to provide your proof of insurance. If you are unable to show such proof, you will have to pay for a fine and reinstatement fee in order for your suspension to be lifted. Repeat offenders may have to wait for four months for their suspension to be lifted. Nevertheless, even with the plate suspension, the state still allows you drive other vehicles as long as they are covered.

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Is It a Birth Injury or Medical Malpractice?

Posted by in Birth Injuries

It is difficult to draw the line between two branches from the same trunk—where does one start and where does the other begin?

Birth injury and medical malpractice are both subsets of a specific branch of the law that deals with situations wherein a person is suffering from consequences that were due to the negligence of another party. This branch of the law is called personal injury and, no, the injury does not need to be physical in order to be considered legitimate. The injury need only be harmful and debilitating to the point that compensation for the medical expenses (including a possible need for prolonged therapy) as well as the loss of wages during the time that the survivor was incapacitated.

However, the thing about the subsets of personal injury is that it is difficult to decide on what your case constitutes as. If your child was born with the movement disorder called cerebral palsy and say that the disorder was a direct result of the negligence of the practicing physician. Does the situation then constitute as medical malpractice or birth injury—and is there really a difference between the two?

It can be difficult to navigate through the process due to not only the legal procedures and necessities but also the medical knowledge that one would have in order to take a case like this to the table. The situation requires critical thought as well as thorough investigation, which one may not exactly be prepared to do, after being through an ordeal so difficult.

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Foreign Investors and EB-5 Visas

Posted by in Money

Foreign investors asking for a permanent resident status in the United States has the option of applying for an EB-5 Visa. In order to acquire the EB-5 visa, foreign investors should be able to meet with the requirements placed by the United States Citizenship and Immigration (USCIS) particularly the required amount for capital investment, prerequisites for job creation, and make sure that the invested business qualified for the EB-5 program. After all the requirements from the USCIS have been met and approved, the EB-5 applicant, their spouse and children (under the age of 21) will be awarded with permanent residency green card.

In order for EB-5 applicants to qualify, they should invest in a new commercial enterprise, which can be any for-profit enterprise for an ongoing legal business like a corporation, partnership, joint venture, a holding company, or even a sole proprietorship. The legal definition for new commercial enterprise is those which were established after November 29, 1990 or those on or before that date provided that (1) it was purchased and already existing and restructured/ reorganized that can qualify it as a new commercial business or (2) it was expanded through investment which resulted in a 40-percent increase in net worth or number or employees.

There are other investments that an EB-5 applicant can choose in order to get a green card. It is common for the USCIS to reject more applicants than it accepts.

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