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Domestic Violence Injurious to both Child and Abused Spouse

Posted by on 2:55 pm in Criminal Law | 0 comments

In the United States, more than 10 million cases of domestic violence are reported every year. A great majority of the victims are, of course, women, aged between 16 and 34, who are raped, physically abused or stalked by their intimate partner.

Domestic violence is a form of abusive behavior committed by an individual over his/her intimate partner. It can take the form of emotional, psychological, physical or sexual abuses or threats of abuses to enable the perpetrator to gain control and power over the other partner. This abusive behavior tends to terrorize, frighten, threaten, injure, hurt, humiliate and intimidate a partner until he/she loses his/her sense of self-respect and self-confidence. And anyone can suffer domestic violence regardless of religion, age, race, nationality, economic status and educational background. If someone you know suffers from the signs listed below, speaking to a legal professional who is experienced in battery or assault cases may be helpful.

The many specific acts of violence or abuses in the home and a number of ways how these acts are committed are:

  • Psychological – includes fear through intimidation, threat of harming or hurting one’s self, children, partner or those close to the partner, like family or friends, and destruction of property.
  • Economic – one’s complete control over financial resources by withholding or greatly limiting the other partner’s access to money, prohibiting attendance at school or reporting for work, to create in him/her total financial dependence.
  • Emotional – committed through repeated criticism, name-calling or taking no notice of one’s abilities, to undermine the other’s sense of self-worth / self-esteem.
  • Sexual – acts of abuse can be committed by treating the other partner in a sexually humiliating way or forcing sexual act after physically mistreating him/her; it may also be a case of attacks on sexual parts of one’s body or marital rape.
  • Physical – some of the most common acts committed under this type of abuse are slapping, hitting, pinching, hair pulling, grabbing, shoving, biting, forcing intake of alcohol / use of drug upon the other and denying the other the medical care he/she needs.

To the abused, the effects of domestic violence can be lifetime psychological trauma. Its immediate effects, on the other hand, may either be injuries or an illness, which leads to absenteeism which, in turn, usually results to termination from work. It also causes the abused to withdraw from family, friends or other people who may be capable of providing help, due to loss of self-esteem and embarrassment.

Violence against one’s partner (usually the mother), does not only hurt the victim, though, for whatever hurts the mother, can and will hurt the children too. And since children cannot protect their mother (or parent) from being abused, they are burdened with the feeling of guilt. Mixed feelings of shame, fear, stress and confusion are developed in children too which lead to emotional and school problems that make them withdraw and shy away from others as well.

Treating domestic violence as a crime, which it really is, is maybe one solution to allow authorities to clamp down on reported abusers and finally bring them to justice. In some court proceedings, however, the accused, rather than just being proven guilty, is made as an example by the overzealous prosecution – this is one concern pointed out in an article posted in the website of Kohler & Hart . And since the accused is considered innocent until proven guilty, even they, therefore, deserve a just criminal defense – made more possible through the help of a highly-knowledgeable and experienced lawyer.

 

Assault with a Deadly Weapon

Posted by on 3:06 pm in Criminal Law | 0 comments

Although there are differences between states and jurisdictions, assault with a deadly weapon is classified as one of the heavier forms of assault and is considered as a serious criminal charge. It is described as assault using a deadly object, even though there is no actual physical contact between the object and the victim. Simple assault is considered as those resulting in minor injuries or short amount of violence, while aggravated assault (such as assault with a deadly weapon) is a more serious crime where the other person is exposed to/experience significant level of violence.

Threatening the victim with the deadly object, intentionally using violence or force against towards a person, or any action that can cause the victim to feel emotionally threatened and scared of a forthcoming attack can all account as assault with a deadly weapon. On the other hand, verbal threats are not enough to count as assault, and if physical violence is done then the charge is changed to battery.

Guns, knives, and other instruments designed to cause serious injury or death to another because of their design and function are listed as dangerous weapons, although anything can be used or considered deadly (provided they are used to threaten another person with injury). These things include hammers, bats, sticks or pipes, sharp object, or pieces of clothing. Even animals intentionally trained to cause harm or injury can be considered are a deadly weapon.

Penalties for anyone charged with assault with a deadly weapon could be heavy: this type of offense is considered a felony offense and could give severe prison sentence and hefty fines. Often, these convictions can leave the culprit with difficulties finding employment and can lose their right to carry a firearm. Although there are factors that the judge might consider while hearing the trial, assault with a deadly weapon is still considered a serious felony crime which could impact you for the rest of your life should a conviction be given.

Personal Injury Caused by Defective Pharmaceutical Products

Posted by on 4:32 pm in Defective Products, Injuries | 0 comments

Pharmaceutical companies and drug-makers continue in their commitment to produce the drugs that will offer patients the cure and relief from whatever ailments they complain about. These drugs are intended either to control bodily ailments or keep people in good health.

In a number of occasions, however, reports of adverse cases are made of the drug – that instead of providing the cure that patients need, the drug becomes a cause of a new and more severe illness that puts the patient’s life in greater danger. In worse instances, some pharmaceuticals have been linked to the death of those who use them.

Whenever reports of adverse effects are discovered or are made of pharmaceutical products, these are usually withdrawn by their manufacturers from the market, to ensure that these are no longer used by anyone else. Other manufacturers, however, despite the reported adverse effects and patient death, choose to argue that the efficacy of their product outweighs the harm it causes or alleged to cause.

If and when the adverse effects have been proven, the U.S. Food and Drug Administration makes the move of issuing requests to manufacturing firms to include in the prescription label of their drug its identified risks if taken.

Any harm or injury that a faulty pharmaceutical product will cause a patient is identified as a personal injury which, under the law, makes the manufacturer answerable to all victims affected. To this cause, billions of dollars have already been paid by some of the biggest pharmaceutical firms (in the past years) to clients as settlement claims – to compensate for the injury or harm done.

The complexity of the tort law, under which personal injury falls, is an additional burden to victims, though, and without the help of a qualified lawyer, many victims end up unable to get the compensation that the law entitles them to.

Getting a really good lawyer who can help you in your case is highly important as his/her skills and expertise will be greatly needed for your defense. On its website, Above the Law explains that those who need and are actually looking for legal counsels have now a wider field and longer list to choose from since they can now also get valuable information about lawyers from smaller law firms whenever they click on big law firm names in Google. This allows anyone to choose not simply the best lawyer, but the lawyer who will be able to best work with and defend them.

When You Need to Find only the Best Lawyers

Posted by on 4:07 pm in Car Accidents, Injuries | 0 comments

With close to 40,000 fatal car crashes in the US every year, the National Highway Traffic Safety Administration (NHTSA) has every reason to impose stricter laws that will ensure safety on all US roads. Some of these laws are directed to car manufacturers, in ensuring the incorporation of standard safety parts in new cars; other laws are directed to drivers, imposing harsher punishments and bigger fines on those who drive while intoxicated, those who over speed, fail to use appropriate car signals or those who violate the new mandate which prohibits the use of cell phones / handheld phones while driving.

Though 40,000 deaths is more than enough unnecessary loss, this is just a small amount of the total number of auto accidents, which exceed five million annually, and which cause severe injuries and trauma to people who end up as victims.

Besides drunk driving, speeding and reckless driving, another major cause of car accident that the NHTSA has identified is driver error. This accident culprit is committed through the use of a cell phone, sudden breaks or stops, inaccurate calculation of breaking distance, failure to use signal lights, especially when making turns, sudden or very quick turns, failure to check a blind spot, eating and using other electronic gadgets while driving.

Another sad thing, according to an article in the website of Habush Habush & Rottier S.C., is the fact that, besides leaving many victims injured (some in severe ways), driving accidents also cause financial burdens to victims who are unexpectedly faced with costly medical treatment, cost of repair to damaged property and loss of wages due to failure to report to work.

To obtain the compensation that the law allows victims of accidents to receive from the liable party, there is often the need to be defended by only the best lawyers who are not only real experts in the tort law, but also familiar with the tactics employed by the legal counsel of the liable party to ease the burden of responsibility from their client.

Recently, a new group, called Super Lawyers, has been granted U.S. patent by the United States Patent and Trademark Office. In its website, Super Lawyers mentions the great importance of maintaining credibility, which has been built through outstanding client service in areas where the client specifically needs help.

Fighting for your rights and interests, whether you are a victim or the liable party in an auto accident, is a matter that requires serious attention and totally convincing arguments. Not all lawyers are equal, though, when it comes to knowledge, experience, skill and determination – some are just more superior than others. Thus, choosing who you want to be defended by requires your wisest decision.

Factors that Can Affect Child Custody and Visitation Rights

Posted by on 3:51 pm in Custody, Injuries | 0 comments

One change adopted by state courts when it comes to awarding child custody is giving the custodial rights to both parents, instead of just one – this is if both parents are deemed fit by the court. This change, made after consideration of many factors, is clearly beneficial to the child as he/she will continue receiving care and attention from both of his/her parents.

When one parent, however, would endanger the child’s holistic well-being due, but not limited, to abusive parental behavior (physical, emotional, etc.), abandonment of the child by the parent, parent’s use of drugs and/or alcohol, exposure of child to pornographic elements due to parent, parental use of excessive, unnecessary discipline and failure or inability by the parent to care for the child,  then the guilty parent may not only lose custodial rights, but the right to visitation as well – because severing the relationship with such parent is judged by the court to be in the child’s best interest.

The child’s best interest, as mentioned in an article posted in the BB Law Group PLLC website, is always the court’s basis in deciding things that will affect the child – his/her life, wellbeing and future. Thus, in consideration of the child’s future needs, some of the factors that will be considered by the court in deciding who gets child custody and who shall pay child support, include the parents’ age, health, educational attainment, job, financial capability and security, and the capability to really care for the child.

Child neglect or the inability of the parent to give his/her child the proper, necessary care is not just one type of child maltreatment; it is actually its most common type too. And one classic example of child neglect is inadequate supervision.

There is no uniform rule as to how much supervision a parent ought to give his/her child. With regard to determining just how much supervision is needed by the child, the child’s age, the environment or neighborhood and the child’s possible exposure to dangerous elements, such as unhealthy and unhygienic household conditions, guns and/or other deadly weapons, second-hand smoke (from smokers) and other safety hazards, will have to be considered seriously. Any injury that a child may suffer from, due to the custodial or visiting parent’s lack of supervision, can definitely influence the court in reconsidering the parent’s rights over the child.

The Benefit of Understanding Disability Benefits

Posted by on 3:08 pm in Disabilities | 0 comments

The growth and success of a business starts with a really good plan which should include addressing all issues, both corporate and legal. Legal-wise, this should include tax issues, compliance with state and federal laws and standards on anti-discrimination and safety in the workplace. Corporate concerns, on the other hand, include company policies, hiring the best people for the job, employment contracts, company policies, company debts, business deal contracts and employee compensation and benefits, one of which is the workers’ compensation insurance benefit.

One concern that has always affected businesses is employee sickness and disability and to make sure that employees get the proper treatment to enable them to return to work immediately, employers have been required to include workers’ compensation in the employee benefit package. Immediate financial assistance that will cover medical cost is part of the workers’ comp’s coverage.

A business lawyer, whose help is an absolute necessity as you start your business, knows how important sickness and disability benefits are to employees. Aside from the freedom from financial worry required by medical treatment, employees who have this benefit would let them feel how the company values their service.

Specifically, workers’ compensation covers temporary disability, which falls into three categories: Temporary Total Disability (TTD), Temporary Partial Disability (TPD) Healing Period (HP) and Permanent Partial Disability (PPD).

After three days of sick leave, if the injury still requires time off from work, then TTD benefits may be availed of. TTD benefits begin on the fourth day of absence and goes on until you are able to return to work or until you are medically cleared to go back to work – whichever happens first.

In the event that an employee gets disabled, having a lawyer to explain to him/her the other types of disability benefits as well as to make sure that he/she is able to avail of the benefits that he/she needs, is definitely important. Though the law will specify what you are entitled to, it is still important that you know and understand its stipulation so you will also know what to and what not to expect.