Assault is a deliberate act which puts a person in fear of physical harm that he or she may be about to suffer. This definition connotes that physically harm need not be inflicted and that merely causing another person to fear its possibility is already an act that deserves punishment.
Assault, however, is just a threat. If there is actual physical harm on another person, then this would be battery. Before, assault and battery were considered separate crimes, with battery being taken as “completed” assault. Currently, however, many modern laws no longer distinguish between the two crimes and refer to assault as a crime of actual physical violence (despite the absence of distinction, it is still possible for a person to be convicted only of assault without battery, such as when he or she raises his or her fist in a threatening manner, but without actually throwing a punch. In like manner, a person may be convicted only of battery without assault, such as when he or she pushes or punches someone else from behind, without first making nay threats).
With regard to the penalties and sentences for an assault and/or battery conviction, state laws vary greatly. Conviction can include fines and/or imprisonment, and, depending on how severe the offense is and the criminal history of the offender, a repeat offense will most likely result to stiffer penalties. Stiffer penalties will also be meted out on offenders whose victim is a family member, a person living with the offender, or a public servant, such as a police officer, a firefighter, a paramedic or a teacher.
Assault (or simple assault) is a misdemeanor crime; however, if the threat is made with a weapon of any kind or with the resolve to commit a serious crime, then this shall be considered as aggravated assault, which is a felony. Likewise, an assault committed against a person, with whom the offender has a relationship, is considered an aggravated assault or a felony. A person, on the other hand, commits an aggravated battery if he or she accomplishes it using a deadly weapon or if he or she has intent to commit murder or other serious harm.
As pointed out by a San Diego personal injury attorney, the courts can punish more than just the perpetrator of violence and assault. Legally, people who aid and abet, counsel or encourage the assailant or assailants are liable, even if they did not physically harm the victim or victims. In addition, owners of a property or a business firm where the attack occurs, can be held legally liable if the case is assault.
Each individual department in the workplace has their own respective goals to meet. There are instances when the regular working hours is not just enough to meet their target. As a result, the employees need to work overtime with the authority of their managers of course. After rendering the extra hours, the bad news is that they may end up not being paid their overtime pay.
The website of Habush Habush & Rottier S.C. ® reveals that employers devise several ploys to keep themselves from paying overtime pay. They use their employees ignorance of overtime laws to work their way around and deny employees of their overtime pay. Here are some of the tactics that employers use to avoid payment of overtime pay:
Dementia is a very serious mental health problem that can cause riffs in the family if family members don’t know how to care for them. Although many families would rather have their every one in their family be with them, caring for those with dementia can take its toll and cause exhaustion, both physically and financially. This is the reason why SeniorAdvice.com suggests finding an assisted living facility for your loved one to ensure that they are well taken care or and their health are looked after.
There are various signs that point out your senior loved one is better off in an assisted living than staying at home. Among such sign are them wandering off on their own for long times and the incident has become more frequent. This can lead to injuries that could be serious or even fatal given the fragile state of their health. Another pronounced sign is their increased irritation or aggression that can disrupt everyday family routine. Other signs are the increased in care needs and the stress that it causes to the caregiver. Dementia may require more than just physical help, and caregivers are often not well equipped to help provide these increasing needs, which can lead to problems in the long run.
It is always very hard to decide putting your loved one in an assisted living facility and have them be away from you and your family. However, it may be the best choice if your elder loved one is seriously in need of care and you are not able to provide them the much needed help that they need. Assisted living facilities provide health care and attention to their residents to guarantee that they are given the best experience in their senior years. Planning ahead would help in making sure that finances are not compromised, and make sure to stay informed and updated on options regarding financing elder care and how to provide them with not only the right care but also the appropriate activities that will help keep them healthy and enjoying life.
All the months of discomfort and, finally, the labor pains felt by an expecting mother are suddenly turned into the most wonderful of feelings as she gives birth to her baby through the help of caring doctors and other health care providers. Giving birth to a healthy baby, however, can only be ascertained if the doctor, under whose care the expecting mother is, takes good care of her, makes sure that the baby inside her womb is healthy, and delivers her baby in a way that will not cause the baby any injury.
Regular and accurate monitoring of a baby during pregnancy should be properly managed. This means that, from the first tests until the time of birth, a doctor is legally obliged to follow and provide the medical standards of care in order to protect the unborn and his/her mother, as failure to do so can lead to pregnancy complications and/or injuries during birth.
Birth injury, also known as birth trauma, has various causes. It could be delayed birth, oxygen deprivation, or difficult delivery, which happens if the mother’s birth canal is too small, the fetus is in an abnormal position in the uterus (during birth) or the baby is too big. Whichever it is, though, thousands of birth injury cases have been committed and reported in the past, with the majority of these pointing to the same reason – medical malpractice.
It takes only a single mistake from an obstetrician and his/her team to make a baby suffer a lifetime of medical problems; worst, however, are mistakes that cause a baby’s death. The sad reality is, despite their training, doctors and other medical personnel are often guilty of medical negligence, the identified major cause of injuries during birth and the reason behind most of the 28,000 yearly cases reported to the Agency for Healthcare Research and Quality (AHRQ) of the U.S. Department of Health & Human Services.
That injuries during birth are more common than you might believe is one fact that any medical professional will affirm. Any baby can suffer from a bruise or a broken bone during the birthing process; however, these injuries are mild and will heal on their own after a short while. A personal injury attorney may tell you that some injuries, though, are much more serious, causing permanent complications, such as total paralysis of facial nerves (Bells’ palsy) or bleeding underneath the skull (Cephalohematoma) – injuries that are results of the improper use of forceps or vacuum during delivery.
Most hospitals and doctors carry medical malpractice insurance, which is meant to protect them (and, more importantly, the people they hurt) in the event of a medical mistake. Now, a child, whose physical and/or mental possibilities have been gravely affected due to a medical mistake, still has all the right to grow to his/her full potential; however, the cost of surgery, therapies and other medical treatment that may be required are definitely high. Through this medical malpractice insurance, required treatments may just be made possible; thus it is very important for parents to identify if their baby’s injury is or is not due to a malpractice by an incompetent or inattentive medical professional.
Insurance is only for those who could get into car accidents, right?
That is quite a common assumption among those who assume that they do not need car insurance. After all, if you perform well on the road and abide by all the traffic rules, then you are protected, right? The unfortunate, dark truth is that you can be as careful as you would like to be while on the road and if someone else chooses not to be and crashes into you, that is still going to cost a lot in repairs and damages – costs that could have been covered by your car insurance if you had thought to have it.
After all, as expensive as investing money on your new car can be, it can even more than triple the cost to repair all the damage that a car accident can do without car insurance. After all, accidents can usually cause major inconveniences in the form of personal, debilitating injury that causes permanent or temporary disability. Aside from the medical costs that could come out of that injury, lost wages would also then need to be taken into account and not all insurance plans can cover absolutely everything.
Car insurance is protecting your future self from any accidents or unfortunate events that may happen to you. Sometimes, there is no one to fault in the first place and the accident could have been caused by some kind of inclement weather. The troubles that this unfortunate incident causes could have been immediately handled by the insurance policy that you avail of, if you had availed of a policy in the first place.
You can be the greatest driver in the history of the United States of America and still get into a car accident. After all, you share the road and some of the people you share the road with may not take the same safety measures that you do.
There are many offshore oil and gas rigs in and around Louisiana, which means that a good portion of the state’s population works as offshore workers. Jobs with drilling operations are often highly paid because they are inherently dangerous. Nevertheless, employers are still expected to take reasonable measures to ensure the safety of their workers.
Unfortunately, many drilling companies continue to cut corners when it comes to compliance with safety regulations. Because there are not enough inspectors to regularly check on the thousands of rigs in Louisiana alone, they rely on employers to police and self-report on compliance. Inevitably, accidents happen that can have serious consequences for the workers.
This is why the Jones Act is such an important piece of legislation. It protects people who work on a vessel or ship as well as offshore workers that work on rigs, barges, drill ship, construction barges, and recreational boats…in other words, anyone who works on any surface that is on the water. The Jones Act is 46 U.S.C. 688 passed by Congress in 1970 and details the liability of operators of any movable structure on water for worker injuries. Since it is a federal law, it applies to all US-based operators.
However, the Jones Act is different from the workers’ compensation. Workers’ compensation law is a not fault-based. It does not require the worker to prove that the employer or any person in management was at fault or negligent, or that there was a defect in equipment, machinery, or safety gear. Under the Jones Law, the worker is required to prove negligence in some form on the part of the employer or fellow workers which put the seaworthiness of the vessel in question.
According to the Mokaram Law Firm, claims under the Jones Act can be extremely complicated. It would be fatally easy to make a mistake that would get your negligent employer off the hook. If you believe you have a claim under the Jones Act, make sure that you consult with an experienced maritime injuries lawyer.
Airbags are supposed to protect you in the event of an accident, not hurt you worse than if it hadn’t been in place. Airbags are required safety equipment in most modern cars, and in general they provide crucial just-in-time protection to car passengers. That is, if they are properly constructed and installed.
Automobile makers usually contract out systems like airbags to other manufacturers and simply install them in the cars. Honda, Nissan, and Mazda source their airbags from Japanese company Takata Corporation, which is an old hat in vehicle safety equipment manufacturing and is in fact the second largest supplier in the world. It’s a no brainer. And then the first problems started showing up.
It turns out that certain batches of Takata airbags installed in millions of these cars were defective. They had a high risk of explosive detonation instead of simple deployment when it is activated. The airbags literally exploded and sent shrapnel out, and in a confined space like a car, that is deadly indeed.
Investigations revealed that this tendency to explode may be due to excessive moisture and insufficient pressure during production, and there is some speculation that ambient humidity may exacerbate the risk of explosive deployment. In areas like Tennessee, where there is high humidity during the summer months, this is a major concern. Many of the relevant vehicles had been recalled, but not everyone knows about it.
According to the website of Pohl & Berk, LLP, manufacturing defects happen; this is why manufacturers perform quality control checks. Takata knew or should have known that the airbags were defective, and should have informed their clients about the problem to avoid causing harm to vehicle owners. If you have been seriously harmed because your airbags exploded, report the incident to the appropriate agency to prevent harm to others. You should also consult with a product liability lawyer in your state to help you find the responsible parties and file a claim for your injuries.
According to the Governors Highway Safety Association (GHSA), the preliminary numbers on motorcycle accident fatalities in 2012 across the US has risen sharply and that based on the trend will rise by about 9% over 2011 numbers. In that year, more than 80,000 motorcycle riders in the US have been injured, and in Kentucky alone there were 1,884 motorcycle-related collisions with 1,145 people injured.
Nationwide, though overall traffic fatalities had decreased, fatalities from motorcycle accidents in the first half of 2012 increased by more than 24%. This overrepresentation indicates that more people are getting on their motorcycles than ever before, increasing the chances of a motorcycle-related accident. And because motorcycle riders are 30 times more likely to be injured or killed in an accident than car riders, these numbers may continue on this disturbing trend in the years to come.
Based on these studies, the GHSA urged states to knuckle down on safety laws regulating motorcycle use, specifically helmet use and rider training. Helmets have been proven to give their wearers some protection against head injuries in an accident although there are no guarantees even with helmets that meet the national safety standards.
However, motorcycle riders are not the only factors that should be considered. The behavior of car and truck drivers on the road should also be addressed, because no matter how much safety gear is worn or how careful the motorcycle rider is, they are no match against a reckless driver behind the wheel of a passenger car. As pointed out in an article on the website of the Sampson Law Firm in Louisville, motorcycle riders are vulnerable with very little body protection at their disposal.
If you have been seriously injured in a motorcycle accident because of a reckless or negligent driver, you may be able to get compensated for it. Contact a skilled personal injury lawyer in your area to represent your case.
Personal injury is a devastating experience for both you and anyone who depends on your income and ability to take care of things around the house. Most people don’t realize how debilitating it is until they face it. If you are in this situation, find a good lawyer and read the following article; both will help you through.
Make sure that you gather all of the information you can from anyone that was involved in your injury. This means that you should get the addresses, names and phone numbers of the party that injured you as well as any witnesses that were on the scene. You should also take note of anything that is said during the time of the accident.
Get a detailed police report regarding an injury you receive, for future reference in court. Not only will the information gathered by the authorities be very credible, it can help prove that you were wrongfully injured and win your case. Failure to collect credible evidence means your claim may be viewed as hearsay, and that won’t win you anything!
If none of your friends or family members have been through a personal injury case, search the Internet for valuable information about personal injury attorneys. There are many organizations and forums that rate lawyers based upon client reviews. These sites can also show you the attorney’s track record for winning personal injury lawsuits. Their own websites may also have testimonials from clients they have helped, as found at http://www.pohlberkattorneys.com.
Take a second to ask your friends and family about any recommendations that they might have. Personal injury lawyers come in all shapes, sizes, and varieties: you might need a trusted friend’s opinion to find the right one for you. Make sure it’s someone you know is trustworthy and has no financial motivations.
Personal injury can stop a life in its tracks; you’re no longer able to do anything the way you once did. Make sure you don’t suffer more than you have to by going it alone in court. Use the above information along with hiring a top-notch lawyer. The outcome of your case could affect you for life.
One of the leading issues doctors have with their patients and their prescription medications is that often, patients do not take their medication. This is commonly due to plain carelessness or the pain brought about by the side effects. Because prescription drugs work best when they are taken as prescribed by the physician, missing your medication can have a serious effect on your health. Missing medication costs the country billions of dollars in unnecessary hospital visits, and has accounts for 125,000 preventable deaths every year. Fortunately, the latest innovation can help keep people from missing taking their medications.
Enter the electronic meds. Developed by the Proteus Digital Health of Redwood City, California, these minute sensors will be ingested and safely go through your system. It comes with a sensor-loaded patch that is worn on the skin, allowing you to track your own activity level (and even body temperature), which you can share to your physician. This device can make the patients become more accountable regarding their medications and their own health in general. Although there have been many attempts in ensuring or reminding patients about their medications such as smart pill caps and even cellphone reminders, they have not been successful. Doctors believe that the Helius system will change this problem.
Initially approved in Europe in 2012, and then in the Us later that same year, several trials on patients suffering from various disorders has yielded positive results – about 95 percent of the trails were accurate in tracking the patients’ prescription drug schedule. After the end of the trial, a great majority of the patients report being comfortable with using the sensors and are interested in the possibility of using them again in the future. Although Proteus digital Health has plans to construct a manufacturing plant in the United Kingdom, there is no sure statement on when the Helius system will be made available commercially.