DWI Mothers with Children on the Rise

There is a disturbing trend where more mothers are getting arrested and charged for driving while intoxicated (DWI) with a minor (less than 15 years old) passenger. In a 10-year period, the number of mothers with DWIs in general jumped more than 20%, and many of them had a child with them at the time of the arrest.

DWI with a minor passenger (Texas Penal Code §49.04) is like getting a Go to Jail card; don’t pass Go, don’t collect $200. In Texas as in most other states, drunk driving while there is a child in a car has more serious consequences. For first time offenders the offense is a state jail felony, while an enhanced charge (for prior arrests or convictions) it could be elevated to third degree felony.

Under Texas law, a DWI does not necessarily mean intoxication through alcohol. It could be from the use of a dangerous drug even if it is prescribed or other substances even if they are legal; it cannot be used as a DWI defense. The law is designed to discourage a driver from getting behind the wheel after taking certain medication, for example, when it impairs their ability to operate a vehicle in any way.

Some experts speculate that this DWI mother trend is due to a cultural shift from a stay-at-home mom to working mom, which makes it more acceptable for women to drink alcohol. Another contributing factor is the increased stress resulting from the demands of work as well as home. Some women cope with it by drinking alcohol to relax, or taking medication. But because these have a significant effect on a person’s ability to focus, it is dangerous to drive, and poses an unacceptable level of risk to child passengers. As pointed out on the lomtl website, a conviction means a minimum of 180 days with a suspended license, up to 2 years in jail for a first offense, and a $10,000 fine.

Being charged under §49.04 is a serious matter, and needs to be addressed appropriately. Consult with a competent DWI lawyer in your area to legally represent you in this matter.

Essential Advice For Finding The Right Lawyer

Selecting a lawyer is not always easy. Many people find themselves confused as to what type of lawyer to choose for the issues they are facing. Each legal dilemma that occurs is not the same as the next one, and you need the right lawyer who has the experience for your situation. Continue reading to learn what you need to know.

Make sure that your lawyer puts everything out on the table in regards to your options available. When going into a lawsuit, you will want to know all of the options that you have and if there is a plea bargain available. This will not only help you get the best result, but will ease your peace of mind.

Make sure that you have a decent interaction with any attorney before you invest any money. You may have to spend a good amount of time with your lawyer, so it is important that you choose one that you don’t have any issues working with. Take the time to sit down with any potential attorneys and see if you get a good feel for them.

Try to educate yourself on what you are dealing with. You should not be relying solely on the lawyer to plan and construct your case. Obviously, they will have more knowledge and experience dealing with your situation, but if you are prepared, you can work together as a team to get the win.

While this article previously mentioned that choosing a lawyer is not always easy, you should know understand that a little knowledge about lawyers does make it easier. You may find yourself needing a lawyer more than once in life, and that can mean that you may need to use several different lawyers. Each will help you to get through any tough times.

You can visit http://www.abelinjurylawyers.com to learn more about what it’s like to have a lawyer.

Dealing With Personal Injuries

If you find yourself injured in an automobile accident and you are not at fault, it is beneficial to explore your options with regard to a personal injury attorney. A personal injury attorney can help to represent you in court and get you the funds you need to heal, recoup your losses and get on with your life. Continue reading to learn more about the benefits of taking a personal injury case to court with the right attorney.

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.

If you are looking for a reputable personal injury lawyer, ask around your friends and family for referrals. They may have been involved, or may know of someone who has used, the services of such a lawyer in the past. They will be able to give positive and negative recommendations based on their experiences.

Call the police if it is at all appropriate to do so. Even if there would not be a criminal complaint, it is often a good idea to have a police officer document your complaints. This ensures that there is a solid paper trail to confirm that the event actually did occur.

Document your costs. Record any expenses or loss of income you incur as a result of your injury. Some of these documents may include insurance forms, medical bills, prescription receipts, and property damage repairs. If you miss work because of the injury, be sure you also document any lost wages. Document each expense as it occurs, while it is fresh in your memory. In cases of pharmaceutical injury, like with testosterone supplements or Ocella, your medical records are also important to bring.

The personality of your lawyer is just as important as their experience in personal injury law. You need to choose a lawyer who lets you play a role in your case. You should be in touch with them frequently so you can update them on any information you have and vice versa.

Fighting personal injury cases are not at the top of most of our “want to do” lists, but hiring a great attorney who will represent your case well can make the task easier. In this article, we have explored some of the must have information about these types of cases, including how to find an attorney and doing your best to win the case. Follow the advice and you will be well on your way to getting the funds you need to get back to your life.

Toxic Molds a Cause for Homeowners Insurance Claims

Finding molds in your home can signal a serious health hazard. Household molds have been credited to bring about symptoms of hay fever-like allergies, increase chances of infection, and difficulty breath for people with respiratory disease. These, along with the property damage are the reasons why many homeowners file for homeowner’s insurance claims.

Today, many insurance companies have included mold coverage in homeowner’s insurance, provided that there is a specific cause of the mold. Having mold coverage may only be on a specified limit and is not included on the overall coverage. These newer insurance policies cover all types of fungi, along with molds, with their by-products such as spores and odors. It can be confusing to decide who to sue for homeowner’s insurance due to toxic molds, but most of the time it is against the construction company who did the house, because they are the ones responsible for the installation of pipes, water fittings, and other equipment that could have contributed to the toxic mold problem.

Toxic molds are just a new addition to the vast array of toxic tort lawsuits. Work flaws regarding construction or repair of a house is usually the suspects for the growth and spread molds. There are different types of cases that can be brought versus the contractors or builders, and they are:

  • Breach of contract – this could put the contractors or builder who has neglected or have not properly fixed any problems that contributed to the toxic mold problem, and therefore breaching the contract or proper service liable for damages. Compensation for breach of contract cover only the losses and lost value of the home, but not the pain and suffering experienced by the homeowner.
  • Breach of warranty – similar to the breach of contract, this type of lawsuit brings into question the builder or contractor’s express warranty, where they are required to meet the standards necessary for an implied warranty or a state law that warrants for new construction. Breaching of warranty means that the house should be fit for habitation, and that it is safe and free from defects, but was otherwise disregarded.
  • Negligence – although harder to prove, negligence can be proven through the builder or contractor’s failure to uphold a duty of building or keeping the house free from mold. Most homeowners need to prove negligence because this type of lawsuit covers for pain and suffering.

Molds can be found anywhere, all it requires to grow is proper moisture. When filing a homeowner’s insurance claim it is vital for the plaintiff to prove that the underlying fact of the problem is that the contractors or builders failed to repair or construct the house properly, which lead to the intrusion or idling of water. Plaintiff should be able to prove that the toxic mold problem has more general legal elements to be able to be presented in court.

Insuring Your Vehicles Saves Money

Any type of vehicle carries a load of responsibility for the owner, and as such entails a significant investment. It is a means of transportation, but more than that it is a potential source of harm to the people inside or on it, and for those who are within its vicinity. Moreover, expensive vehicles such as a custom yacht probably set the owner back a pretty penny, so any damage is sure to burn an even larger hole in the pocket. Whether ensuring coverage for liability or property damage, it just makes perfect sense to get adequate insurance for all your vehicles.

Third party liability (TPL) car insurance in Chicago or anywhere else in the US is mandatory for drivers, but this only covers bodily injury and property damage to the other guy up to certain limit. Anything above that limit is an out-of-pocket expense for you as the at-fault driver. Personal injury claims against you can actually be covered by your insurance company if you get enough coverage. At least $100,000 each for personal injury and property damage is the recommended third party coverage, and more is better.

It should also be noted TPL coverage will not cover your own medical expenses or property damage, so stinting on the premiums of good insurance coverage could lead to a whole lot more financial exposure for you even if you don’t have a third party to contend with. Vehicular accidents on land or water can lead to a world of hurt that will not be easy to recover from, both for you physically and your vehicle. Habush Habush & Rottier S.C.® recommends investing in insurance for your own injuries and property damage.

When unsure about what would be adequate coverage for you and your vehicle, consult with a reputable insurance company in your area. They will provide you with a quote for what you need and what you can afford.

Concerns for Business Owners

Small business owners have to be on their toes a whole lot more than those in big business because there is not a lot of insulation from disaster. It is a constant battle to keep afloat and many small businesses in the US hover on the brink of non-profitability especially since the economic downturn that affected even large corporations. The last thing a small business owner needs is to be liable for a workplace accident.

Employees get injured all the time, and in the white collar setting this is usually slip and fall accidents. In more hazardous workplaces, such as in construction, the most common is also slip and fall, but from height, which makes it more dangerous than skidding across a polished floor. Other workplace injuries involve equipment malfunction, exposure to chemicals or hazardous substances, repetitive motion, or the weather. However, even if the injury occurred in the workplace or outside the workplace but in the commission of the employee’s job, it does not necessarily make the employer liable.

There are injuries that may be due to the employee’s disregard of safety rules and procedures that are in place, such as the wearing of protective clothing, or using a harness when necessary. Employees are also expected to take reasonable care of their own safety while at work, so if the injury is due to horseplay, or heels that are way too high, the employer cannot be said to be responsible. On the other hand, if the employer fails to observe the duty to provide workers with a reasonably safe work environment, then the employer may be liable for more than what the workers’ compensation insurance will give.

Whenever a workplace accident occurs, the question is if it could have been prevented, and who is liable for it happening. If you believe that your employer is to blame for your injuries sustained in the workplace, then you should get the help of a lawyer to prove it.

Filing for Social Security Benefits

If you are ever in the unfortunate position of having to file a claim with the Social Security Disability Insurance (SSDI), it would be best if you did so while living in Texas. You have a better chance (38%) of getting approved to receive SSDI benefits in The Lone Star state than average (34%) on the first try. It may seem daunting to have a 1 in 3 chance of getting approved, but according to the website of San Antonio-based Chris Mayo Law Firm, these really are the numbers you will have to work with and are a reflection on how difficult it can be to make an SSDI claim.

Even when you are denied, Texas has a shorter than average waiting time to get a schedule for a hearing with an administrative law judge (ALJ) with whom you have to lodge an appeal for a denied claim. But wherever you may be, the benefits that you will receive once you get approved for SSDI is the same. It will depend mainly on what kind of disability benefit you will be eligible for as determined by the disability specialists who will be assigned to assess the case. Because Social Security is a federal program, it is the national government who will eventually end up paying whatever the state agencies decide will be appropriate for each particular case.

However, some states make additional payments to certain individuals even if they have applied for or are already receiving disability payments and Supplemental Security Income (a benefit reserved for those with no income). In Texas, for example, a resident who is living in a nursing home funded by Medicaid may be entitled to an additional $60 over and above any federal stipend. To know what benefits you may be eligible for, and to make a disability claim, it is best to consult with a lawyer in your state who has extensive experience in handling such cases.

ADHD and Car Accidents

A recent study by Swedish researchers found that men with attention-deficit/hyperactivity disorder (ADHD) that were not on medication were more likely (30%) to be involved in a car wreck than those under ADHD medication. It is speculated that this is because adult men with ADHD are habitually distracted, and medication allows them to become more focused when they are behind the wheel.

This is a significant finding because ADHD is a common mental disorder, usually diagnosed in children but which can persist into adulthood. Many states have traffic laws that penalizes distracted driving, but that applies to drivers who voluntarily distract themselves by using their mobile phone, eating or grooming. It is hardly fair to drivers with ADHD who cannot control how their brain works. If the study findings are correct, ADHD sufferers may well be able to drive in safety if they keep on their medication.

Unfortunately, there is no medication to prevent reckless or negligent driving behavior. According to the Sampson Law Firm in the Louisville, KY area in an article on their website, victims of car accidents are often left with life-changing injuries and in financial straits because of enormous medical bills. What makes it worse is when the accident is caused because the driver was texting or had spilled a drink. It can be difficult to know that but for that instant of inattention, none of the resulting pain and suffering would have occurred.

Tort law does not require that there is an intention to do harm; the failure to act responsibly is usually enough to warrant at least civil sanctions. If you have been injured in a car accident caused by a distracted driver who does not suffer from ADHD, you may be able to get compensation for the financial, physical, and emotional stress you suffered. Consult with a personal injury lawyer to discuss your legal options.

Robotic Surgery Mistakes

High-tech is as high-tech does. Just because it is new does not mean it works any better than more traditional ways of doing things. Moreover, one way that a medical mistake can be made is fooling round with new-fangled ways of doing things in surgery without the proper training.

These are the common allegations against the robot-aided surgical system that has been making waves in the surgical world. Considered cutting-edge, the use of robots to assist surgeons in doing their work has gained ground with both hospitals and patients. Typically costing an arm and a leg, manufacturers tout the new robotic surgery systems as safer as and more precise than the ole scalpel-wielding human.

While robotic systems may actually make it easier for doctors to perform delicate work as robotic arms do not tremble in the slightest, it does not mean that it is safer for patients. The major concern for medical safety advocates is that use of robotic surgery systems require a steep learning curve for surgeons who have been exhaustively trained in a more hands-on approach to surgery.

Ideally, a surgeon slated to control the surgical robot should have intensive training and at least 15 supervised operations before certified for its use. This is not what happens in reality, however. This is the problem now facing the manufacturer of one of the more popular surgical robot systems in the US. It is easy to make a surgical error in Massachusetts when the surgeon is not familiar with the technology, and this can lead to serious complications.

If you have been injured during a robotic surgical procedure because the surgeon was improperly trained, you may have an actionable case against the manufacturer. Get advice from a product liability lawyer with experience dealing with robotic surgical systems to find out if you do.

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