Road Rash

Road rash is a term used to describe any type of soft tissue damage or skin abrasion caused by scrapes against gravel, pavement, or other surfaces. These injuries are most frequently sustained by motorcycle and bicycle riders, as they are incredibly vulnerable to coming into contact with the ground or other objects during accidents. Depending on a number of factors, including the protection worn by victims and the speed a motorcycle or bicycle was traveling prior to impact, road rash injuries can range in severity. From minor abrasions to extensive soft tissue damage and bone breaks, these injuries can significantly impact the physical, emotional, and financial well-being of victims.

        The road surface is key to the severity of your road rash. Gravel, bits of broken glass, road debris, and metal fragments can become embedded in your skin, especially during an accident. These items can increase the likelihood of bikers developing serious infections and can prolong recovery time.  They are as follows:

      First Degree Road Rash: This type of road rash is very minor and usually does not require medical treatment. It can be a bit painful, but the skin is not broken, just reddened.

      Second Degree Road Rash: This type of road rash involves a minor breaking of the outer layer of skin. There can be bleeding, pain, and limited movement, but over the counter ointment is usually all that is needed to treat this rash.

      Third Degree Road Rash: This is extremely severe and occurs when all 5 layers of skin are exposed. This road rash is very susceptible to infections and those infections can be life threatening, especially MRSA. In addition, this type of road rash can result in permanent disfigurement, requiring multiple cosmetic surgeries and skin grafts to repair. IV antibiotics are often needed and permanent muscle, nerve, and tissue damage can occur without proper treatment.

Despite the caution taken by most riders and while they do obey the rules of the road, one cannot account for the negligence or malfeasance of drivers.  As long as the necessary care is being taken to ensure the greatest level of safety for the rider, distracted drivers are always a bit of a wild card . If you or someone you know has been the victim of circumstances similar to the ones previously mentioned, please contact an attorney, like a personal injury lawyer Atlanta GA motorcyclist can trusts, to better understand your rights and options.


Thanks to contributor Andrew R. Lynch, P.C. for their insight into motorcycle accidents, road rash, and personal injury practice.

 

Traumatic Dental Injuries in Permanent Teeth

Traumatic dental injuries can happen in accidents or while playing sports. Chipped teeth is the most common traumatic dental injury. Teeth can also get displaced or knocked out. These injuries can be very painful and cause serious complications if they aren’t treated right away. If your tooth is injured or cracked, you should see your dentist as soon as possible.

Management and Treatment

Chipped or Fractured Teeth

Chipped or fractured teeth can typically be fixed by reattaching the broken piece or by using a tooth-colored filling. However, if a lot of the tooth breaks off, a crown may be necessary. If there is damage to the pulp of the tooth, a root canal may be required.

Displaced Teeth

An accident can push a tooth sideways or out of its socket.This can make the tooth become loose.  In many cases, root canal treatment is needed to fix this issue. Your dentist will put a permanent filling on the tooth in the future.

Root canals aren’t typically necessary for children between six and 12 years old because they don’t have all of their permanent teeth. An endodontist will monitor a child’s tooth’s healing and take actions if changes develop.

Knocked-Out (Avulsed) Teeth

It’s important to see a dentist immediately if your tooth gets knocked out. The sooner you take action, the better your prognosis. If your condition isn’t too bad, your dentist may be able to place the tooth back in its socket and put a flexible splint on it for a few weeks. Your dentist may also recommend a root canal treatment seven to 10 days later.

There are a few factors that can determine the chances of saving a tooth, such as how long the tooth was out of the mouth.

Root Fractures

A horizontal root fracture can also occur from a traumatic dental injury. The prognosis of this injury depends on the location of the fracture. Fractures closer to the root tip are easier to heal than fractures closer to the gum line.

Follow up

After you get treated for your dental injury, you should get checkups with your dentist on a regular basis. He or she will monitor the healing process and complications that may happen. For example, sometimes the body can reject the tooth and make the root dissolve. If you are experiencing any excessive pain or swelling during the healing process, let your dentist know. Speak with an experienced attorney such as the personal injury lawyer Cheyenne WY locals trust.


Thanks to authors at Canon Hadfield Stieben and Doutt for their insight into Personal Injury Law.

 

Top 5 Things to Do After Filing for Divorce

Divorce happens to the best of us. Couples do not anticipate a divorce impacting their lives as they say their vows at an altar together. As devastating as separating from your spouse may be, there are ways to keep yourself focused and keep your mind set on future possibilities. After officially submitting a request for divorce, the time is yours for healing and moving on.

#1 Forgive Yourself

Divorce may cause plenty of mixed emotions and difficult thoughts to process. During this time it is important that you remain open and forgiving, especially to yourself. Venting and talking with loved ones can get out pent up feelings and get you on the road to emotional divorce recovery.

#2 Seek an Attorney

Regardless of if your divorce is amicable or not, it is recommended you seek the counsel of an experienced lawyer. They can give you advice and help with the divorce proceedings. In the case that divorce is settled in court, an attorney can speak up on your behalf. Your spouse may become volatile and resentful. Having the support of a legal professional can alleviate stress and establish a point person for communicating with your partner if they become difficult.

#3 List your Assets

Make a list of all the items in your home that are yours; furniture, mirrors, appliances, chairs, desks, art, lighting, etc. Write these items down to go over with your lawyer so they can ensure to fight for your ownership rights of these treasures, and that your spouse does not steal them from you.

#4 Hire a Moving Company

Hiring a moving professional is important, but can be often forgotten about during the divorce settlement process. It will be useful to designate a company to move you or your spouse’s belongings out of the shared home. This can keep you from seeing your former partner more than necessary. It also frees up much time and energy up for you to take on other tasks needed to complete the divorce. Some moving companies also offer cleaning services so you can arrive to your new home with a fresh feel, or deep clean once your partner has moved out. Long distance moving companies Alexandria VA residents turn to can help you start fresh.

#5 Travel

Start thinking about where you want to splurge and travel to after submitting your divorce paperwork. Go anywhere that means something to you and will allow you to fully enjoy yourself. Try to avoid romantic scenes, and perhaps pick a destination full of adventure and meeting new people!

Divorce can be a trying and emotionally awful time for anyone. Do not overwork yourself and hire an attorney so you do not miss filling out any required paperwork. More than ever, you need to focus on your needs and keep yourself healthy while sorting through the various steps of a divorce. Do not be afraid to ask for help from family and loved ones, along with hiring companies to be of assistance if needed.

A big thank you to Suburban Solutions for providing us with resources and information on what levels of services a moving company can offer the community.

Should You Hire an Attorney for a Deposition?

Although it is common to focus on a jury, judge, and a trial as a whole in a case on television or the news, there are actually a lot of other steps that make up a court proceeding. The pre trial testimonies, which are also known as depositions, are when an expert or witness testifies under oath for the case. It usually takes place in a lawyer’s office or a conference room that the press cannot get into, and are transcribed by a court reporting company New Jersey trusts. A deposition can be beneficial and a bad thing at the same time because they can commit you to a certain position through the entirety of the trial, but can also bring up settlement conversation.

Pre trial depositions are considered to be legal proceedings, so if you are involved in one you will be asked if you would like an attorney present. Whether you are involved as a defendant or plaintiff in a lawsuit, you may have to go through the pre trial deposition. You are allowed to represent yourself in a lawsuit, but it is advised that you do not because  your deposition testimony will be most likely be used at trial and any form of inconsistency in your statement can have a very bad impact on your trial’s outcome. During your deposition, the opposing counsel also has a lot more freedom in what they are allowed to ask you. Having a lawyer present can help because they will coach you through your testimony beforehand and offer up practice questions.

Deposition Testimony For a Witness

If you have been summoned as a witness to a case, you should definitely consider hiring an attorney to represent you. It is not a matter of if you are involved directly with the case, it is simply to protect your rights. The outcome of not having a lawyer present can affect your family, yourself, or even your employer. You must testify under oath when present at the deposition, and many questions can be tricky and intended for you to fumble your words. Anything you say can be used against you, so hiring a lawyer to help you through this process can be of great help.

Employer Can Pay For Legal Counsel

Being called to testify at a deposition can be intimidating. If you have been summoned to court to act as a witness on the part of your employer, you can ask your employer to pay for legal counsel. Your employer may comply because it is in their best interest, since you are testifying for their company’s benefit. They may directly pay for an attorney or reimburse you after you have done so.

VeritextThanks to our friends and contributors from Veritext for their insight into depositions.

Most Common Reasons People Get Divorced

Husband and wife may choose to stay in their relationship together for a variety of reasons regardless of the long term difficulties they may be facing. Often, couples choose to stay together for their children or until they have grown. There may come a time, when a couple decides to divorce because they are unable to resolve their differences. Some couples may make the decision to divorce very suddenly, while for others, it may take them some time to come to terms with ending their relationship.

  • An Empty Nest
    • It is common for couples to stay together until their children have grown.
    • Children can sometimes keep couples together for much longer than they may have intended.
    • Often, people stay together until their children are grown and have moved out. In situations like this, it is more likely for couples to move through their divorce peacefully.
  • Financial Hardship
    • Financial issues can impact important aspects of your life together as a couple.
    • They can be the result of legal issues, medical problems, and career changes.
    • When one person in the relationship spends too much money or is constantly mismanaging the finances- the other partner may decide that they would rather end the relationship than struggle through financial hardship.
  • Infidelity
    • Cheating almost always leads to divorce.
    • In some cases, the couple may choose to attempt to repair their relationship and rebuild trust.
    • Some spouses continue to cheat and may reach a point where the couple has to decide if they should move forward with an open marriage as a result.
    • If repairing the relationship or pursuing an open marriage do not work, the couple may choose to end their relationship.
  • Domestic Violence & Physical Abuse
    • Domestic violence or family violence may put the family or spouse in severe danger.
    • One way that a victim may attempt to keep themselves safe is through a protective order. This does not always work.
    • When someone stays in an abusive relationship, they forget what is considered to be healthy human interactions.
  • Substance Abuse
  • Addiction can take a toll on a relationship.
  • If someone in the relationship is suffering from addiction the impact can be momentous.
  • Trust issues may develop as a result of the person abusing substances and  lying to their spouse to cover up their addiction.
  • The damage done from addiction in a relationship over time may be so great that the relationship is unable to sustain.  

A family law attorney can help a person who has decided to divorce their spouse figure out the right way to move forward. Acquiring a divorce attorney such as the divorce lawyers Peoria IL locals trust that you can trust and feels like the right fit can help during such a difficult time. Always be sure to gather information about the attorney you are considering to determine if they are the right fit for you.

Smith and Weer Attorneys at Law Thanks to authors at Smith & Weer P.C. for their insight into Family law.

Will a personal injury award be considered marital property in a divorce?

 

The answer to this question, like most other legal question is “It depends.” The answer will also require that we define our terms here.

Marital Property – Assets that belong to both spouses and each is entitled to their marital portion.

Separate Property – Assets that belong to only one spouse because of its intensely personal nature, or because it was owned prior to the marriage, or inherited.

First and foremost, the answer depends on where you live. Is your state a “Community Property” State or an ‘Equitable Division” State? In a Community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.) the court will divide all marital property down the middle, meaning your personal injury award could be divided 50/50 between you and your spouse. This is an Equal division.

An equitable division is not necessarily equal. It allows for more of an argument about what is fair to be divided between the spouses. In an equitable division state, your spouse’s attorney may argue that certain parts of the personal injury award is owed to a non-injured spouse. But they would likely be limited in their claim to only the monetary and measurable awards such as for lost wages, medical bill reimbursement, expenses associated with the injury etc. A non-injured spouse likely would not prevail in their argument that they were entitled to a portion of the payout for a lost limb for instance since that is a harm that only the injured spouse endured, and will continue to endure after the marriage is ended, and therefore, if we are being fair and equitable, only the injured spouse should receive the benefit for.

Another option for the non-injured spouse is to not seek a division of the personal injury award at all. Why? Because if there is a spousal support award, the court can treat that settlement money as income to try to raise that alimony amount. The same logic would be applied to a child support calculation as well. This tactic would largely depend on whether or not there was a lump sum payout or if it is a structured settlement that is paid out over time.

The big takeaway is you don’t know what you don’t know and that is why it is essential to have an advocate who can negotiate these complicated discussions for you such as the Family Lawyer Worthington OH locals trust. Another good idea is to consult your tax advisor to determine what kind of tax consequences will happen as a result of any kind of monetary settlement.

Law Firm of Doty & Obenour Thanks to Authors at Doty & Obenour LLC for their insight into Family Law and Personal Injury.

Will a Criminal Record Affect My Child Custody Agreement?

Everyone makes mistakes, but sometimes those mistakes can come back to haunt us. That’s a concern for individuals involved in a child custody battle who also have a criminal conviction on their record. Even though they have already paid for their crimes, they may suddenly fear that their record will influence how custody of their child is determined.

How Does a Criminal Record Affect Child Custody?

As it happens, a criminal history does affect how judges view child custody cases. Because the judge must make the child’s welfare the primary concern, a parent’s criminal past is considered relevant information. It helps the judge determine behavior patterns and get a good idea about the individual’s character, which all plays a part in determining if the parent is suitable for custody.

Judges are given broad discretion in doing what is in the best interests of the children involved, so a record doesn’t automatically bar a parent from getting custody. The judge will look at the details of the conviction(s), including the type of offense, the victim’s details, the age the parent was at the time the parent committed the offense, and the sentence received. He or she will also look at the number of offenses committed.

Past Offenses

Problems may arise, if the judge finds that the parent’s past offenses involved inflicting emotional or psychological harm on his or her own child. In these circumstances, the judge may limit custody, or restrict the parent to supervised visitation. In the event that the parent caused extreme physical harm or committed sexual abuse on the child, custody and visitation will probably be rescinded altogether. The reasoning for this is that these types of parents will likely hurt their children again.

What Crimes Were Committed?

Assuming the crimes were not committed against the parent’s own children, the judge will want to take a closer look at the nature of the individual crimes. Violent crimes, especially those involving domestic abuse, indicate anger management issues and cause concern in child custody cases. Any circumstances that might give the court reason to suspect future abuse against the child will not bode well for that parent.

Similarly, a history of alcohol abuse and drug addiction will make the judge wary of sending a child into that environment. Drug users will usually be ordered to submit to frequent drug testing and the parent will lose the right to joint custody. Instead, he or she will have to submit to supervised visits to ensure the child isn’t placed in harm’s way. Similarly, a drunk driving conviction suggests the parent is prone to risky behavior, suggesting the parent will put the child in dangerous situations.

Exceptions to the Rule

There is good news for some parents in these situations. If there was just one criminal act, for example, and it occurred several years ago, the judge may take a closer look at the person’s more recent life. If the parent can show that he or she has turned around and tried to become a better person, that may work in the individual’s favor. If there were extenuating circumstances surrounding the crime, that also may give the judge a reason to consider better custody options for that parent.

Whenever possible, courts like to keep families together, but, at the same time, the child’s welfare has to be the focus of any custody hearing. As long as a parent doesn’t have a violent history and can show a changed lifestyle, judges will be less prone to restrict custody. In the end, it’s up to the judge to make his best guess as to the quality of an individual as a parent.

Ideally, a family law attorney such as the child custody lawyers Pekin IL locals trust can represents you can represent the best interests of both you and your child. Talk to one today and request a free and confidential consultation.

Smith and Weer Attorneys at LawThanks to authors at Smith & Weer P.C.  for their insight into Family Law.

You Slipped and Fell, Now What?

 

            We’ve all been there: walking down the aisle of the local store, unaware of any hazard on the floor, and then, the next instant you are landing hard on the floor with your foot underneath you. Even if you aren’t immediately thinking about filing a lawsuit, there are some things to take notice of in the immediate aftermath to ensure that if you do end up filing suit, you will have enough background information to at least bolster your case when you bring it to an attorney, like a personal injury lawyer Delray Beach FL relies on, for evaluation.

First, get medical treatment if you need it. This is particularly true if your head hits the floor or ground, if you have existing injuries that could have been exacerbated by the fall, and if you have pain in unusual places which could denote internal injuries. Not only does this ensure that your medical needs are taken care of, particularly if there are head injuries or broken bones, but it also provides solid documentation of the medical details of your injury in the immediate aftermath.

Second, inspect the area where you fell. It is rare that someone slips on a floor without some other catalyst such as a carpet snag, freshly waxed floors, prior liquid spill, or even water other people have brought in from outside during a rainstorm. Prepare a written version of the accident including descriptions of the area where you fell and the conditions that could have precipitated the fall. Photographs are always useful in this regard.

Third, find your witnesses. Chances are if you slip and fall in public, there will be at least one person who witnessed the accident from a uniquely different vantage point. Make a point of reaching out to this person if you can at the store or location of the fall to get their contact information and name. It is also helpful to find witnesses who saw you in the area before the fall who can attest to your ability to ambulate before the accident. These witnesses may become particularly helpful in the event the owner of the property disputes your version of the events.

Fourth, follow the required procedures. If you fall in a store, a public building, or some other quasi-public place, the landowner may have some protocol that you will need to follow in order to be able to have your claim considered. For example, a store may require you to fill out an incident report detailing the accident and its surrounding circumstances. At a bare minimum, make certain that a manager or director is notified of the incident so that they can activate their protocols for this kind of incident. Be cognizant of what information you are given by the manager at the time, particularly statements regarding the hazardous nature of this particular area or claims of recent prior falls.

Finally, as soon as you have gathered your information, photographs, and incident reports, find a reputable personal injury attorney who can evaluate your case and determine what remedies, if any, you may have.

Eric H. Luckman Board Certified Trial LawyerThanks to our friends and contributors from the Law Offices of Eric H. Luckman, P.A. for their insight into personal injury and slip and fall cases.

What is the Process For Filing a Personal Injury Lawsuit?

While a personal injury lawsuit varies depending on the circumstances of the accident, there are common elements in every case. Before a lawsuit is filed, there must be proof of injuries. Furthermore, your lawyer, like a personal injury lawyer Loveland CO can count on, will evaluate your case to determine fault and whether or not you have a valid claim. If your case is viable, then you can expect to go through the following stages during the lawsuit process.

 

Filing a Complaint

The complaint is the first document in a personal injury lawsuit. It lays out in detail what you claim the defendant did.

  • After filing the complaint, your attorney is required to locate the accused party and serve the complaint on them.
  • The complaint should be physically delivered to the defendant in a manner that can be proved later that it was in fact delivered.
  • The complaint will inform the defendant about the date they are required to appear in court.
  • The defendant will have a month to hire a lawyer and appear in court.

 

Discovery

After the first court appearance, the next stage in a personal injury lawsuit is the discovery phase. This process allows both parties in the lawsuit to gather facts from each other. This process is conducted to reduce unexpected surprises during trial and allows both sides to prepare for the case. The three main methods used in the discovery process are written discovery, production of documents, and depositions.

 

  1. Written discovery consists of requests for admission and interrogatories. Requests for admission simply ask a person to either deny or admit certain facts associated with the case. Interrogatories are questions that require you to give your version of facts and your claims. There are limits to how many requests for admission and interrogatories that each side can ask.
  2. Document production is where each party asks the other party to present documents that are relevant to the case. Some of the documents requested include medical and business records. The courts may also allow computer files in the document discovery phase.
  3. A deposition is another crucial discovery tool. During a deposition, a person answers an attorney’s questions under oath and a court reporter transcribes the proceedings of the deposition. The main reasons an attorney may insist on a deposition include; locking a person into their story, reviewing the other side’s statements, and gauging how a witness will conduct themselves in a court trial.

 

Settlement

Many cases are settled before trial. Though parties can settle at any point, it’s typical to reach a settlement before the discovery process is over. This is especially true if the evidence establishing damages or liability is inconclusive.

 

Trial

If a settlement is not forth-coming, a judge or jury will examine the evidence and decide whether or not to hold the defendant legally responsible for injuries sustained by the plaintiff. During the trial, you have the opportunity to prove your case in the hope of getting a judgment in your favor. Also, the defendant will have a chance to refute your claims. A typical trial consists of the following stages:

  • Selection of a jury
  • Opening statements from both sides
  • Testimony of witnesses and cross-examination
  • Presentation of other evidence such as medical records and physical evidence from the accident scene
  • Closing statements from both sides
  • The judge gives instructions to the jury
  • Jury deliberation
  • The final verdict

If you have been involved in an accident which was not your fault, your first impulse should be to consider filing a claim against the at-fault party. Consult an attorney for in-depth information and counsel about the particulars of your personal injury case.

Cannon Hadfield Stieben & Doutt, LLC.Thanks to our friends and contributors from Cannon, Hadfield, Stieben & Doutt for their insight into filing personal injury lawsuits

Life Changing Events and Will Revision

In the event of your passing, estate planning is important in order to have your wishes followed, while also protecting your loved ones. Having all legal paperwork in place is essential regardless of your financial standing, age, or marital status. Estate planning is a vital part to financial planning for the future.

There are 5 major life events that should prompt you to revise your estate plan as they could have an impact on your estate if left untouched.

  1. Personal Injury Settlement: This type of settlement is often distinguished from other assets and should be outlined in legal documents. When a victim is awarded a personal injury settlement, it is important to determine how remaining payments (if any) should be provided to your estate. Utilizing an Sacramento estate lawyer can help to handle this life changing event in particular.
  2. Inheritance: If someone passes away leaving you the beneficiary of their assets, you will need to make a plan in terms of how those assets will be distributed in the event of your death.
  3. Marriage or Divorce: Marital status has a heavy impact on estate planning. Regardless of whether or not you are recently married or divorced, your Will should be reviewed and amended.
  4. Birth or Adoption of a Child: You will want your child to be included in your estate plan to ensure that they are taken care of after you pass away. Adding them to your estate plan can help to alleviate this concern and ensure that your children are taken care of should you pass away. This should also be revisited when your child gets married.
  5. Death of a Beneficiary: If the person you identified to either be executor of your estate or, as a beneficiary of assets passes away, you should immediately update you will.

There is more to estate planning than planning for beneficiaries and assets. Estate planning also requires updating if you are impacted by any of the above five life changing events.

Everyone is encouraged to speak with an estate planning lawyer as soon as possible to create the legal documents necessary to protect themselves and their loved ones in the future.

Yee Law Group Sacramento Probate Attorneys and Estate PlanningThanks to our friends and contributors from Yee Law Group for their insight into wills and estate planning.