Change is inevitable throughout life, and these changes may result in unfortunate trauma, financial burden, or even physical disability. Because of this, some adults may end up needing a guardian. 

 

Guardianship for Adults

A guardian is a legal relationship established by the court system to connect a guardian who will care for their respective ward. “Ward” and “guardian” are legal terms to describe the person who is in need of help and the caretaker, respectively. Some guardianships result from long-term disabilities, while others come from a recent traumatic event that has changed that person’s life. Once appointed, guardians take legal responsibility for their wards and must assist them with daily activities. Courts will appoint the level of legal responsibility that the guardian will take. Some of the responsibilities that guardians will assist with include paying bills, protecting their ward’s financial prospects, and making sure his or her medical needs are cared for. On the other hand, a guardian may not prevent their ward from making decisions, regardless of the ramifications. Guardians are not responsible for any bad decisions their wards make, but may not forcefully take action for the ward. Alternatives are available for guardianship that allow for the person to be cared for to retain more rights. If the individual who needs help needs financial assistance, then a joint bank account may assist them more. 

Guardianship for Minors

In addition to guardianship for adults, guardianship for minors may also be filed for. The invention of guardianship for a minor is to protect them from any harm or neglect that they may endure. This may include physically caring for the child, as well as managing their money. The process of being appointed as the guardian of a minor begins with filing an application as the interested party. This application must be filed in the county that the minor resides in. The application usually includes detailed information about the minor, as well as the interested party. Before being appointed as the guardian in Texas, one requires a hearing where proof must be presented that the minor is in need of a guardian. The court may deny your application due to other convictions that will render the applicant ineligible. 

 

Guardianship is a major life decision and includes immense responsibility that can come with more than a caretaker can expect. Whether it be taking care of a child or adult becoming a guardian must be seriously reflected upon. Talk to a guardianship attorney, like a guardianship attorney in Arlington, TX, for more information. 

 

Thanks to Brandy Austin Law Firm, PLLC, for their insight into guardianship law. 

 

Often, if an individual is accused of a criminal offense, whether they understand how they work or not, and no matter if they are innocent or guilty, they suggest lie detector tests to prove their innocence. Simply put, lie detector tests help prosecution determine whether an accused individual or even an accuser, is being deceptive. It is never in the best interest of someone who is facing criminal accusations to take a lie detector test without the presence or advise of a criminal defense attorney. These tests use the individuals’ heart and breathing rate, as well as their blood pressure to read through answers given based on questions administered during the test. The results that are given are used by prosecution in their case against you. While this test can never be 100% accurate because nerves and anxiety can steer answers to produce inaccurate results, it does help create an approach for prosecution in the event that there is a trial. For example, if a test administer asks if an individual was at the scene of a crime on whichever day, and the test takers heart rate goes up when they say “no”, this can lead prosecution to believe that is false. However, this question could have simply made the individual nervous because it is this answer that may determine their innocence or guilt entirely.

Keep in mind, that anything prosecution requests of you is not to help you in your defense, but only to assist them in prosecuting you. Whether you are innocent or not, do not work with prosecution alone if you do not have to. It is best to do this because an individual who is not educated in criminal law may think everything that the prosecution asks of you is not required and will not be used against you. Polygraph test results can really be used against an individual in a negative way. Should you or someone you know be facing criminal charges and wish to take a polygraph test, or should a polygraph test be requested, be sure to speak with a criminal defense attorney before any decision is made. The right criminal defense attorney will be able to review the details of your case and advise you of if that is at all necessary, or if you are actually required by law to adhere to the prosecutors’ request. Speak with a criminal defense attorney in Atlanta, GA before you make any decision that you cannot undo.

 

Thanks to Andrew R. Lynch, P.C. for their insight into criminal defense and polygraph tests.

 

Whether it’s to and from school, field trips, athletic events or sightseeing, when children are riding a schoolbus, their parents place their full trust in the hands of the bus driver. Many parents have reasonable fears regarding their child’s safety. In a matter of seconds, an accident while riding in a school bus can impact a child’s life in the worst possible way.

 

According to the National Highway Transportation Safety Administration (NHTSA) 450,000 school buses transport 23.5 million students to and from school every year. As recently as late November of 2016, six elementary school students were killed and another 23 were hospitalized as a result of a school bus crash in Chattanooga. The driver is believed to have been traveling 50 mph in a 30 mph zone on a winding road off of the designated school bus route.

 

Who Can Be Held Liable?

Any number of individuals or parties can be held liable for injuries or deaths that result from a school bus crash. Those could include:

 

• The school bus driver
• The school bus company
• The bus manufacturer or manufacturers of component parts of the bus
• The school district
• Any motorist who caused or contributed to the crash

 

Whoever was at fault for a school bus accident has to be held responsible for compensating the injured victims. Depending on the circumstances, the school district can be held liable too.

 

The Law of Negligence

Nearly all bus accident lawsuits fall under the law of negligence. In order to show negligence, the injured claimant must prove that:

 

• He or she was owed a duty of care by the defendant
• The defendant breached that duty
• The breach of duty caused the accident
• The accident was the proximate cause of his or her injuries
• He or she suffered legally recognized damages as a result of the injury

The Law of Negligence

The NHTSA estimates that more than half of all school bus accidents involve two or more vehicles. In accidents that only involved a school bus, the NHTSA cites four basic reasons for crashes. Those are:

 

• Colliding with fixed objects
• Falls from the bus
• Rollovers
• Collisions with non-fixed objects

Common School Bus Accident Injuries

Three of the above four reasons are particularly worrisome because nearly all school buses don’t have seat belts. That makes children far more vulnerable to serious injuries in a crash with another vehicle or an object. Common injuries include:

 

• Head and brain and head injuries
• Neck and spinal cord injuries
• Multiple limb and spinal fractures
• Broken noses and facial fractures
• Severe dental injuries
• Permanent scarring and disfigurement

Damages

If a person or entity has been determined to be liable for a victim’s injuries, the damages issue must be considered. The nature and amount of damages are decided on a case by case basis. In a school bus accident involving injured children, they might include:

 

• Past and future medical bills
• Any permanent disfigurement
• Any permanent disability
• Pain and suffering
• Loss of a normal life
• Funeral and burial costs in the event of a wrongful death

Notice of Intent

In some school bus accident cases, a percentage of liability might be attributable to a school district or other governmental entity. In those cases, a notice of intent to sue or a claim must be filed within a short time after the accident. Failure to file them on a timely basis can be cause for dismissal of a lawsuit.

 

We’re committed to building strong cases in school bus accidents and recovering maximum compensation for injured children. You can contact us for a free consultation and case evaluation on any school bus accident. Remember that there could only be a short window of time to preserve your rights so it’s important that you not delay in contacting an attorney.

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When a truck rolls over, the results can be catastrophic or fatal. A tractor-trailer can weigh 20 times more than a passenger car. There’s also the cargo spillage factor that can create a dangerous high speed obstacle course for other drivers on the highway.

Common Causes of Truck Rollover Accidents

As per the Federal Motor Carrier Safety Administration (FMCSA), about 327,000 large trucks are involved in accidents every year and an estimated 3,500 people lose their lives in them. About 15,000 of those accidents involve rollovers. The FMCSA has concluded that nearly half of all large truck rollover crashes involve the failure of drivers to adjust their speed to road curves. Other causes involve:

• Drowsy or fatigued driving
• Distracted driving like using a mobile phone or navigational device
• Over-steering or over-correcting
• Load shifts or improper loading

 The Right to Compensation

Every trucker on the road has a duty to operate their rig in a safe and careful manner so as not to endanger the safety of others around them. Some truck drivers breach that duty and cause rollover accidents resulting in severe injuries or deaths. Injured victims and the families of those who died at the hands of careless and negligent truck drivers are entitled to seek compensation for their damages and losses. Those damages might consist of:

• Previous medical bills and any medical bills that they may incur in the future
• Previous lost earnings and any earnings that they may incur in the future
• Any permanent disfigurement
• Any permanent disability
• Pain and suffering
• Loss of a normal life
• Loss of consortium, companionship, and guidance from a loved one
• Funeral and burial costs when a wrongful death results

The Stakes Are High

When a large truck like a tractor-trailer is responsible for a crash involving one or more other vehicles, the insurer risks high financial exposure. Insurance companies are well aware of that fact, so it’s not unusual for them to dispatch an investigative team to the accident scene before the mess and debris are even cleaned up. Don’t expect their investigative report to mention any evidence that’s favorable to you. The purpose of that insurer’s investigation is to attribute blame, or shift a percentage of the blame, for the crash over onto you. For the insurer, it’s all about saving money.

Preserve the Evidence

Evidence can disappear, get lost or destroyed, and witnesses can vanish. Victims or their families will want to contact us right away. If needed, we can visit the accident scene and start our own investigation immediately. We might even obtain a court order to compel the trucker and his employer to preserve all evidence in connection with the crash. Evidence might include GPS data, onboard computer data, logbooks, maintenance records, physical objects, and the like.

Settlement

While all of the evidence regarding liability is secured and examined, witnesses are interviewed too. We’re also documenting our client’s damages up to the time that the client reaches his or her highest level of medical improvement. Even in a wrongful death case, the economic and noneconomic damages also take time to document. Our objective is to maximize our client’s settlement.

Along with proven and aggressive litigation techniques, we bring personal attention and compassion to the representation of accident victims and their families. Contact an experienced professional such as the Personal Injury Attorney DC locals trust right away by phone or by email after any truck accident for a free consultation and case evaluation. You don’t need to have a single dollar in your pocket; that’s because no legal fees are due unless we obtain a settlement or verdict for you.

 

A special thanks to our Author at Fred Brynn Law for their insight into Personal Injury Law.

Text messaging has simplified communication with family, friends, and co-workers, but some say it has become too easy. After years of getting acclimated with this technology, many do it without thinking about it. It’s common to see texting while at the dinner table, in class. and at meetings. It’s also quite common among drivers who are stopped at an intersection. In fact, accidents caused by texting while driving (also known as distracted driving) is becoming the number one killer on the road. Some statistics even suggest there are more roadway deaths attributed to texting while driving than there are DUI-related deaths.

The Most Startling Facts About Distracted Driving

1. There are 318.9 million people living in the United States with 2.5 million involved in traffic accidents every year. That number alone is shocking, but, when you consider 1.6 million of those accidents involved cell phone use, it becomes apparent that well over half (64%) of our traffic accidents are easily avoidable.
2. Every year, there are around 421,000 accidents caused by distracted drivers. Of that number, about 330,000 accidents result in serious injuries. Put another way, there’s a 78% chance that texting and driving will result in a serious injury.
3. Distracted drivers are six times more likely to be involved in a traffic accident than drunk drivers. It takes just three seconds of taking your attention away from the road for an accident to occur. Meanwhile, it takes at least five seconds for a driver to read a text message. To put these numbers in greater perspective, at 55 mph, a vehicle can travel the length of a football stadium while reading a text message.
4. The likelihood of being involved in a traffic accident is 23 times greater when texting while driving. This is true whether the texting driver was found at fault or not. In either case, the distracted driver might have been able to avoid the accident, if he/she had been paying attention to the road.
5. Texting and driving accidents kill 11 teens every day. While 94% of teenagers understand this risk, 35% admit that they still do it regularly. Twenty-five percent of teens added that they send at least one text message every time they drive.
6. Ten percent of adults and twice as many teenagers have admitted to having entire conversations via text messaging and chat applications while operating a motor vehicle.
7. In surveying a selection of adult and teen drivers, researchers found that 77% of the adults and 55% of teens feel they can efficiently handle texting while driving. Yet, studies have shown that teens who text while drive veer off the road a minimum of 10% of their total driving time.
8. Forty-eight percent of children and younger teens have been in a car with a driver who was texting at the wheel. Within that age group, over 1,600 children are killed every year in accidents caused by distracted drivers.
9. Gender plays a part. Studies indicate women are far more likely to text while driving than men.
10. Texting increases the time a driver spends with his eyes off the road by 400%.

As the statistics and research indicates, distracted driving is a serious epidemic and with over 196 billion text messages being sent each year, the problem is getting worse. This is why many states are cracking down with no tolerance laws for texting drivers. Ten states and the District of Columbia have banned drivers from using hand-held devices for any reason. Thirty-two states plus D.C. prohibit new and young drivers from using their cell phones at all. As time goes on, many more states are expected to adopt distracted driving laws and regulate how mobile devices can be used on the roads. If you are a victim to texting and driving, it is critical to contact a legal professional such as the car accident lawyer Phoenix AZ locals trust.

A special thanks to our partners at Alex & Saavedra for their insight into Personal Injury and Auto Accidents.

The circumstances of each personal injury case are unique. This is especially true when the defendant is a government entity because there are special rules dictating when and how the government can be named in a civil suit. Most people are unaware of the restrictions on citizens suing the government. This can lead to a missed opportunity for compensation. Below is some information that may be helpful. Ultimately, however, a personal injury attorney familiar with the laws in your area will be your best resource such as the Personal Injury Lawyer Surprise AZ locals trust.

The Government is Subject to a Different Statute of Limitations

Whether it’s a local, state, or federal government entity, seeking compensation in a personal injury case is regulated by a specific set of laws. These guidelines are different than the rule of law that governs lawsuits between citizens and public businesses and there’s very little room for error. For example, one missed deadline may bring an abrupt end to any case.

• All personal injury cases are subject to a statute of limitations, which is the time frame in which a plaintiff can file a lawsuit. Typically, the injured party must bring the claim within six years from the time he or she was involved in the incident that caused the injuries. Depending on the local or state law, that limit may be as short as one year.
• In order to successfully launch a lawsuit against the government, injured parties must act within as little as thirty days to file the initial complaint. Some states allow for a slightly longer period, requiring that complaints be filed within 60 or 90 days. In other areas, injured parties may have as much as 120 days to file with the court.
• Additionally, some states apply different time limits to the different levels of government. One may only have 30 days to file against a state agency, but as much as 120 days to file against a city or county government entity. There are a few states that don’t differentiate at all, applying the same limitation to private citizens, businesses, and government entities equally.

Notifying the Government Entity

When filing a lawsuit against another person or a business, the process begins with a formal complaint filed with the court. However, this is another way in which suing a government entity becomes more complicated, because the first thing to be done is to file a Notice of Claim. If this is not done, or is done improperly according to the rules of the specific jurisdiction, the court will likely dismiss the case altogether.

A Notice of Claim does not go to the court. Instead, it must be submitted to each person and each entity believed responsible for causing the plaintiff’s injuries.

• Very often, the law requires that these documents be sent by certified mail. In some circumstances, all Notice of Claim documents may also have to be mailed to a specific agency tasked with handling these types of complaints.
• What goes into a Notice of Claim varies from jurisdiction to jurisdiction, but all of them require specific information as instructed on that jurisdiction’s Notice of Claim form.
• After the Notice of Claim has been submitted, the injured party is required to wait for a period from 30 to 120 days, before filing the complaint with the court. In the event that the plaintiff doesn’t wait for the specified time, the court will more than likely dismiss the case.

From there, a suit against a government entity more closely resembles other personal injury cases. An experienced attorney can help an injured party navigate these differences more successfully and will help circumvent the pitfalls commonly associated with these types of cases.

A special thank you to our authors at Alex & Saavedra for their insight into Personal Injury Law.

When it comes to physical therapy, many of our clients are unaware of the differences. It seems as though they might be the same, but they’re quite different. Both can be imperative for healing and overcoming specific types of injuries and other health issues, but understanding the differences is important. This can help individuals make more informed decisions regarding their path to healing. Someone who is injured or recovering from surgery may seek the help of a Chiropractor or Physical Therapist such as the Chiropractor Gaithersburg MD locals trust. A physician is highly recommended, but this will depend entirely on the nature of their injury.

Physical Therapy

Whether someone is injured in an accident or has undergone surgery, physical therapy is commonly used to assist in the recovery process. The primary purpose of physical therapy is to help a patient to regain the mobility they enjoyed before their injury occurred. Physical therapy entails a series of exercises that are specifically chosen to offset the body’s inflexibility. The end goal is to minimize the need for additional surgeries and to maximize their healing. The success of physical therapy varies by individual and is dependant in large part on the patient’s willingness to do the necessary exercises, and the seriousness of their injury.

Occupational Therapy

People of all ages, including newborns and seniors, can benefit from occupational therapy. This type of therapy considers the activities or job performed by an injured or ill person with the goal of enabling them to do it successfully. When a person is limited in their ability to complete one or more tasks, an occupational therapist may help them change that task or their environment to make it possible. An occupational therapist often works with patients who have emotional or mental challenges that can affect their ability to perform their tasks. Some common examples of such tasks include:

• Dressing
• Eating
• Working at their job typing, lifting boxes, etc.
• School activities

If someone suffers a serious injury from a car accident, they may require physical therapy to help them regain their mobility, and occupational therapy to help them return to their job.

Legal Guidance

The victim of a car accident may be able to recover their medical costs from the driver who caused the accident. This is critical for most victims because of the expenses involved in medical care. Therapy and other treatments can be short term remedies or last for years. To offset the expense of recovery, it’s important to receive maximum compensation. A personal injury lawyer can review a car accident victim’s case to see if they may be eligible for damage recovery. In most cases, a lawsuit is avoidable because an experienced lawyer can negotiate a fair settlement. If you or someone you love was hurt in an accident, contact a personal injury lawyer without delay to see if they can be of assistance.

A special thanks to our partners at Advanced Wellness for their expertise in Physical Therapy Treatment.

Getting fair compensation for a slip and fall accident can be somewhat difficult, but it’s not impossible. If you’ve been injured in a slip and fall accident, follow these steps to increase your chances of obtaining the compensation you deserve.

1. Gather Documentation

In order to recover damages in a slip and fall accident, you must prove that someone else’s carelessness caused the accident. The following documentation can help you prove that the accident occurred because of another person’s negligence:

• Incident Reports: It’s typically required for businesses to write incident reports when a person is injured on the property. This report may include important details about the accident, such as how it happened and which employees were involved.
• Photos: Clear photos of the accident scene can also strengthen your slip and fall accident claim. For example, if a spilled liquid caused your accident, you will definitely want to take a few photos of the condition as soon as possible. If you are physically unable to take photos, ask a bystander to do it for you.
• Surveillance Video: Remember to request surveillance footage of the accident as soon as possible. It can provide evidence of how long a hazardous condition existed before you got hurt.
• Witnesses: If there were other people around at the time of the slip and fall accident, don’t be afraid to ask for their names and contact information. They may be able to testify on your behalf in court.
• Medical Records & Bills: It’s important to obtain copies of your medical records and bills to show the extent of your injuries and how much money the treatments have cost.

2. Hire an Attorney

It’s in your best interest to hire an experienced personal injury lawyer to help you file a slip and fall accident lawsuit. A skilled lawyer, like a personal injury lawyer Minneapolis MN can count on, can protect you from getting taken advantage of by insurance companies and improve your chances of getting fair compensation for your injuries.

3. Give it Time

While it can be difficult at times, it’s important to be patient during your slip and fall accident lawsuit. If the process seems to be moving slower than you had hoped, give it time. If you try to settle your case too soon, you might not receive all the money that you truly deserve.

If you suffered injuries from a slip and fall accident, you should call a reputable personal injury lawyer today.

Thanks to our friends and contributors from Johnston Martineau PLLP for their insight into slip and fall and personal injury practice.

Officials in Arkansas are reportedly nervous about raising the speed limit on highways to 75 mph, reports the Washington Post.

A new law recently took effect in the state that allows for speeds of up to 75 mph on specific highways, but Arkansas highway officials are putting on the brakes until more research is done on the state’s roadways. The law doesn’t automatically raise the limits on its own; instead, it gives the Department of Transportation permission to do so.

According to Department of Transportation spokesperson Danny Straessle, engineers are still evaluating traffic patterns and road designs to see whether the hike is feasible. It’s still possible that no part of the state’s highway system will be able to handle that level of speed, and the engineers’ research may result in the lowering of speed limits in some areas because of increased traffic counts. The spokesman also noted that people already regularly exceed the posted speed limits, and cars going over 85 mph on some of the state’s highways could have disastrous results.

It was the idea that people already speed that led to state representative Andy Mayberry voting against the hike when it was up for final vote. Despite his lack of support, the bill passed the state’s House and Senate, and Governor Asa Hutchinson let the bill become law without signing it earlier this year. His spokesman, J.R. Davis, said that the governor felt people regularly exceed posted speed limits by around 10 mph, so he did not feel that the limit should be raised.

State speed limits have been increasing countrywide over the years in general. Back in the 1970s, the country adopted a nationwide speed limit of 55 mph in response to an energy crisis, but this was repealed in the 1990s. Since then, 38 states have adopted speed limits of at least 70 mph. There are 18 states that have speed limits of at least 75 mph, while Washington, Montana and South Dakota have limits as high as 80 mph. In some areas of Texas, people can now drive at 85 mph.

Last year, the Insurance Institute for Highway Safety released grim results from a study on the impact of higher state speed limits on the rate of traffic deaths. That report says that in 2013 alone, increased speed limits were responsible for an additional 1,900 traffic deaths (http://www.iihs.org/iihs/news/desktopnews/speed-limit-increases-cause-33-000-deaths-in-20-years). Researchers also found that for every 5 percent speed limit increase on average, traffic fatalities rose by 4 percent, and this spike in traffic deaths rose to 8 percent when they considered just freeways and interstates. This dangerous trend of raising speed limits appears to show no signs of slowing down, as many states have abandoned the previous 65mph standard over the last few years in favor of high caps.

Speeding is still a cause of many serious and fatal accidents on roads and highways across the country. If you’ve been injured by a speeding driver, speak to an experienced attorney such as the Car Accident Lawyer Denver CO locals.

Authors at Richard Banta provide extensive insight into Personal Injury Law, and Auto Accidents.

Every year, hundreds of thousands of people are injured in accidents caused by the negligence of another party, according to the American Bar Association. Many of these injured individuals end up pursuing claims for compensation for their injuries, damages, and property losses.

If you have been injured because of a negligent act by someone else, you likely have a variety of questions. They may include the type of compensation you are entitled for your personal injury.

Seeking Compensation in a Personal Injury Case

The compensation sought and awarded in a personal injury case depends largely upon the facts and circumstances surrounding the accident itself, together with the nature and extent of the injuries you sustained. With that noted, the types of injuries, damages, and losses for which compensation is sought in a typical personal accident case include medical bills and expenses as well as pain and suffering. In addition to these compensable losses, a claim for damages in a personal injury case oftentimes also seeks financial recovery for property damage and permanent injury.

Reasonably Anticipated Future Losses

If you are injured because of the negligence of some other person, you are entitled to comprehensive compensation. This includes not only financial recovery for losses you have already faced, but also for those you can reasonably expect to face in the future.

In the aftermath of an accident, you may endure pain for an indefinite period of time. You may not be able to return to your job, perhaps for an extended period of time. These also represent the types of reasonably anticipated future losses for which compensation can be awarded.

Another reality associated with a personal injury case is that you may require medical care and treatment into the future. For example, you may need physical therapy. Physical therapy is a type of ongoing medical care and treatment which likely would be covered in a personal injury claim.

Many people who undergo physical therapy following an accident also require occupational therapy. Occupational therapy represents another type of medical related issue for which compensation can be awarded in a personal injury claim.

Retaining a Skilled, Experienced Personal Injury Lawyer

When you face the prospect of pursuing a personal injury claim, you need to bear in mind that insurance companies are in business for one primary reason. These large corporations exist to make money for their shareholders. An insurance company improves its bottom line by limiting the amount of money paid out through insurance claims.

Because of the nature of insurance companies, you may have the best chance of protecting your rights by retaining an experienced lawyer, like a personal injury lawyer trusts. Most will not charge a fee for an initial consultation with an injured victim.

Request a Free Consultation

During the initial consultation, you have the opportunity to learn more about the compensation for elements of a personal injury claim, including funds to cover physical therapy. A lawyer can provide you with an overall evaluation of your case. This may include a discussion of strategies to optimize the likelihood of a successful personal injury claim.