It doesn’t seem to make any difference how wide the highways are these days to allow for more traffic and larger vehicles. The problems are still the same old ones that existed when the highways were only four lanes instead of six or eight. Smaller cars and other vehicles are at a supreme disadvantage when it comes to sharing the roads with big rigs.
The larger trucks can weigh as much as 80 thousand pounds (40 tons) fully loaded and depending on what they are carrying. That is a lot of truck and it definitely does not stop on a dime. The facts are that it takes the entire length of a football field for a large truck to come to a full stop.
There are actually a wide variety of large trucks on the roads these days including 18-wheelers, tractor-trailers, tanker trucks, garbage trucks, dump trucks and tow trucks, and armored security vehicles. Put one of these behemoths beside a car and the car is dwarfed. If an accident does happen, not only is the driver of the truck considered to be liable, but so is the owner of the truck if they happen to be different.
Car drivers have to realize that piloting a large truck is a whole different proposition than driving a car. Thanks to its oversize proportions, truck drivers automatically have a greater responsibility to drive safely and be alert and aware of what is going on around them at all times. Did you know that regulations require truckers to have a Class A license and be prepared to submit to random drug and alcohol tests plus background checks? Contrary to popular belief, trucking companies really don’t just stick anyone behind the wheel of a huge truck and turn them loose on American highways.
Unfortunately, truck crashes are often fatal and if the statistics are any indication, the numbers of deaths due to large truck crashes are growing every year. In 2008 alone, fatal crashes on the highways that involved a big rig totaled over 34,000. The wide range of causes for the deaths included speeding to meet deadlines, inattention, fatigue, mechanical problems, prescription drugs, and poor weather and road conditions.
Just because trucking is a vital industry and the country depends on the prompt delivery of various items on time does not excuse a speeding truck driver, trying to meet an unrealistic deadline, who gets involved in a multiple vehicle crash. Big rig drivers need to take the responsibility to be safe on the road and watch out for other drivers.
When the consequences of a truck accident results in severe injuries or death, a skilled truck accident lawyer helps victims fight for their rights to just compensation. Choose the proper legal counsel to help seek justice.
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Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
Just because someone had the bright idea to set up a business in Nevada doesn’t mean all the details can be immediately put into action and the business open within a month. While that might be a nice dream, the practical reality is that there are a lot of hoops one needs to go through to set up.
The initial start up process isn’t so difficult to handle as it usually involves, among other things, choosing a name, deciding what to sell and how to do that, and where the business should be located. This is all the fun stuff, but the other side of the coin is that there needs to be a decision about how to legally set up the operation. Should that entity be a corporation or a limited liability company?
These kinds of questions are not ones that an individual unfamiliar with business law should try and answer on their own. It’s well worth the money to hire a highly skilled business lawyer to assist in the process of starting a company. Or to put this another way, it would be downright foolish to not hire a business lawyer to help navigate the maze of rules and regulations that apply to new companies in Nevada.
A great number of Nevada companies have incorporated for a variety of reasons, such as there is no corporate income tax, no taxes on corporate shares, and no personal income tax. Those are distinct advantages to starting up a company and incorporating it. However, there may well be another kind of business entity that would better suit the needs of a new company – be it sole proprietorship, limited liability or a corporation.
Forming a limited liability company (LLC) in Nevada has a whole lot of advantages going for it as compared to trying to form an LLC in another state. Nevada’s costs for forming LLCs are very low and the lack of any corporate income tax is very appealing to entrepreneurs. Another reason for the popularity of an LLC in this state is that they offer shareholders and corporate directors almost unheard of protection against personal liability.
To get an LLC filed in Nevada there are several documents that need to be handled – an Articles of Organization or Incorporation with the Nevada Secretary of State and an employer Identification Number/Federal Tax ID.
The articles are used by the State Secretary to create the fledgling LLC. It is a wise idea to read the operating agreement and bylaws prior to actually forming the company in this manner. The agreement and bylaws offer detailed information on how to form an LLC. The employers Identification Number/Federal Tax Id are run of the mill regular documents that all companies need sooner or later.
Setting up an LLC in Nevada means also listing the officers and members of the company. This may be filed directly on the Nevada Secretary of State’s website. Any filing fees for this form are paid to the Secretary. If by chance the applicant wants their corporation to be an S-Corp, they’ll need to file the right form with the IRS promptly.
There are other advantages to setting up business in Nevada that a good attorney will be happy to explain to the prospective owners, not the least of which is guaranteed anonymity, as the shareholders and directors of Nevada corporations are not named in public records nor will the state government share any information with other states.
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Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
Generally speaking there are three types of product liability lawsuits that get filed in courtrooms. Those are information defects, design defects and manufacturing defects. Any one of these by themselves or in combination with another defect may form the basis of a product liability lawsuit.
Manufacturing defects are those that happen when a product, initially thought (and intended) to be safe, but something happened to it during the manufacturing process and it ended up being flawed and causing injuries to people who bought the product, e.g. one of the sprockets for a new mountain bike is missing.
Design defects are a bit different in origin. This happens when a product is made the right way by the company, but it turns out it is unsafe. It may not be a case of the manufacturer realizing the goods are dangerous because of the way they were designed. Nonetheless, there would be liability on the part of the manufacturer and designer, e.g. a stuffed bear with buttons for eyes that are not secured properly to the toy and can be swallowed by young children.
An information defect refers to a situation where a product is unavoidably hazardous in some form or other, but there is nothing to indicate this on or in the product’s package, e.g. a caulking compound for the bathtub that should not be used in enclosed spaces because it causes severe respiratory problems.
Each product liability case is unique and thus treated on a case by case basis. While a great many consumers would just pitch the defective product out in the garbage, there are more informed customers that are beginning to realize that they have rights when it comes to being harmed by a product they bought in good faith.
Keep in mind that every business that handles, supplies, refurbishes or resells a product must have some kind of liability insurance. It doesn’t matter if you sell on eBay or happen to be one of the most well-known retailing names in the US. The facts are that every business runs the risk of being sued if a product they handle ends up injuring or killing an innocent customer. If you don’t believe that, just remember the famous case of the hot coffee that gave a McDonald’s customer third degree burns when it was spilled on her thighs. She won her product liability lawsuit.
Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
It’s pretty much a given than when we go to the store to buy something that we assume it will be safe and won’t harm us. More often than not, this is a reasonable assumption. However, have you noticed the warning labels on the packages? They could say things such as, “Don’t drive while taking this medication,” or “Small parts could cause choking,” or much to your amusement they may even say in the case of a hair dryer, “Don’t use while you are asleep.”
Although some of the warnings you happen to read on labels may seem ridiculous, they are there because something like that has already happened to someone. This is how warnings on products come into being in the first place; someone complained that the manufacturer should tell people about the product’s hazards.
Generally speaking, there are laws in place to protect consumers in the event of an injury sustained by a product malfunctioning or to a manufacturing defect that caused harm or death. If you have had a less than pleasant experience with a product and were harmed, you should speak to a products liability attorney to get some answers. If the package didn’t provide an adequate warning about what happened to you, then you may have a viable legal case. Only your attorney will be able to assess this for you.
Speaking of liability, another huge area of the law that centers on the determination of a person’s liability is premises liability. Premises liability is a legal responsibility that all landowners/occupiers have to make sure their premises are safe when others come to visit. So, if you happen to own a store and don’t tell customers the floor is wet from mopping and they slip and fall, your premises liability insurance covers their injuries.
Slip, trip and falls are fairly common liability claims and many lawyers handle these cases in addition to product liability issues, as the issues involved in both kinds of cases are similar – the question of liability. In the instance of product liability the supplier, manufacturer and even the designer may be held liable for injuries caused by a defective product sold on the market. The interesting thing about product liability law is that you’d be astounded to find out about the long list of product failures that you can actually file a lawsuit over; for instance, lighters that explode, faulty ladders that collapse, patio furniture that breaks, baby car seats crumple on impact, and roofs on cars cave in rather than protect.
Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
If someone is in the hospital for any length of time, chances are they may be the victim of a medication error; one that could have been prevented in the first place. This is the conclusion of a study done by the Institute of Medicine. Many Las Vegas personal injury attorneys have seen instances of medication errors and have assisted their clients to obtain a just settlement.
It appears that at least 1.5 million preventable injuries happen each and every year due to medication mishaps, with over 400,000 injuries involving those in a hospital setting. It should come as no surprise that to rectify these errors there is a significant cost of close to $3.5 billion. Despite what the Institute of Medicine found, there is a good chance that the numbers they used for their study are a great deal lower than reality, as many medication mistakes and their consequences aren’t reported. Las Vegas personal injury attorneys have handled inquiries from people who weren’t sure they were victims of a medication error and didn’t know if they needed to report it or pursue it.
Medication errors may take place anywhere in a hospital, but typically the first place they may happen is when admitting non medical emergency patients. On admission, patients are asked about their full medication history but many don’t provide it, either because they are confused and scared or they don’t want to reveal the medications they take. They may also fail to mention allergies.
Unfortunately, if a full and correct drug history is not forthcoming, the potential for errors multiplies as the information provided, or not provided, makes its way through the hospital system for clarification, and to the pharmacy and the doctor who will order home meds. Add to this mixture other medications prescribed in the hospital taken in addition to home meds and at least four things may happen: someone is given the wrong medication, the wrong frequency of dose occurs, the wrong dose is given, or the drug is omitted and then given too close together when the mistake is realized.
Some of the errors don’t have a serious effect on the patient, in other words won’t cause discomfort or “clinical deterioration.” However, depending on the drug given or not given and what it is mixed with it, there may be other consequences that do cause moderate to severe discomfort and medical deterioration. In a case where the medication negligence of another person causes injury or death, a Las Vegas personal injury should be consulted.
The figures tend to speak for themselves, and the Institute of Medicine found that just about 53 percent of hospital patients had at least one thing go wrong with their medications. Generally speaking, the most common error was forgetting to give a patient the medication they used regularly. Obviously there are serious and fatal errors made due to the negligence of health care professionals.
In cases like this where a patient has been the victim of a medication error, it is best to contact an experienced Las Vegas personal injury attorney and discuss the case. Knowing what rights a patient has while in the care of hospital staff or other medical professionals is crucial.
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Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
In conversations with a Las Vegas personal injury lawyer about air bags, it came to light that even though the bags have saved a great many lives, air bag failures have severely injured or killed people. Defective air bags are a concern in the auto industry as a whole, but more so to the legal community who have seen firsthand how lethal these devices may be to drivers.
Many people think that air bags only deploy in a high speed crash. The facts are that they also deploy as a result of low speed collisions. Unfortunately, in cases like that, the driver may be killed by the air bag when they may have survived the actual crash if it hadn’t been for the bag. Conversely, there have been cases where the air bag didn’t deploy.
In checking with the National Highway Traffic Safety Administration for accident statistics involving air bag fatalities, it was discovered that in a five year span from 2001 to 2006 that approximately 1,400 people died in head on collisions where the air bag didn’t deploy. If deaths due to failed air bags from side impact crashes were included, along with left and right fender impacts and rollovers or ejections, the death toll would reach over 4,000. What concerns Las Vegas personal injury lawyers is that the death toll in collisions where air bags never came out has risen by about 50 percent and the numbers are still on the rise. The ramifications for auto manufacturers concerning product liability are enormous.
Never underestimate the power of an air bag that explodes into a vehicle at speeds of up to 200 mph. Some manufacturers offer a “one size fits all” kind of air bag that aggressively pummels small children and small stature adults. These bags may cause various traumas that include face burns and bruising, head, neck and spinal trauma, decapitation, traumatic brain injury, blindness and permanent disfigurement. Thankfully newer air bags that deploy in stages may reduce these types of injuries and deaths.
Manufacturers also need to do something about crash sensors that trigger the bag in collisions where a vehicle is only going up to 15 mph. Add to this list of defects the fact that crash sensors have been known to delay the trigger signal, which means the air bag inflates too late after the crash or for no reason at all. In a nutshell, air bags that don’t work the way they’re supposed to work are highly dangerous, causing needless injuries and deaths.
A highly skilled Las Vegas personal injury lawyer is able to assist Nevada clients on the road to justice if they have been a victim of a defective air bag.
To learn more about Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
The post Air Bags Kill first appeared on SEONewsWire.net.]]>At one time the statute of limitation in Nevada for medical malpractice suits was two years. That isn’t the case today, and if you don’t file within the year, your right to file a case expires. The change from two years to one year took place in 2004. So what happens now is that the statute runs from the time the med mal is “discovered or should have been discovered.” If you have any questions about this, contact a qualified Las Vegas personal injury lawyer.
Having said that, there is an outer limit to the new Nevada law which mandates that any medical malpractice lawsuit must be filed within three years from the date it happened without regard to when it was discovered. Somewhat confusing to say the least, so you should consult with a skilled Las Vegas personal injury lawyer to find out the precise limitations that apply to your potential case.
It should be noted that for a casualty of med mal to figure out they have been a victim of a healthcare professional’s negligence and then immediately consult with a lawyer to file a lawsuit within a year is a bit of a stretch. The logistics of putting together this kind of a case are staggering and include, among other things, the necessity of finding an “expert” witness in the same field as the physician who committed malpractice. This doesn’t happen overnight as any Las Vegas personal injury lawyer will tell you.
The said expert must also provide a written affidavit for the complaint stating their opinion that malpractice did happen. This isn’t just something dashed off on a moment’s notice and involves an exhaustive search of patient medical records. Most of these records are not that easy to come by as they usually have to be rounded up from multiple medical care providers. The services of a medical “expert” don’t come cheaply either. All this takes time and with the changes in the statute of limitations, time is even more of the essence to build a solid medical malpractice lawsuit.
Thankfully more and more medical expert witnesses are starting to come forward and discuss medical malpractice. At one time it was hidden behind a wall of silence where doctors did not talk about their own. Attitudes have changed and many physicians are now of the opinion that the medical community needs to be self policed and cleaned up.
Doctors who have no business practicing medicine are being weeded out in order to protect the injured and avoid future victims. If you have been the victim of medical malpractice, immediately consult a Las Vegas personal injury lawyer to discuss your potential case. Do not delay, as time is very critical in cases like this.
Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
There are a great number of people who seem to think that revocable living trusts provide them some sort of asset protection. This couldn’t be further from the truth. What is the reason for that state of affairs? The main reason a revocable living trust doesn’t provide asset protection is because it is a self-settled trust, meaning you still control the assets in the trust. If you still have the control over any assets in the trust and have creditors, they may make claims against the trust while you are alive or after you have died.
Having said that, there are some exceptions where this type of a living trust may provide asset protection. That would only be applicable to trusts formed under the Domestic Asset Protection Trust which is enacted in three states, Nevada being one of them. In Nevada they are referred to as Nevada Trusts or self-settled spendthrift trusts. Basically what the Nevada Trust does is allows you to form a trust for your own benefit and then protect it from creditors.
Now this sounds good on the surface, but you need to look a little deeper and consult with an expert attorney about these Nevada Trusts. One thing you should be aware of if you live in Nevada and choose to set up such a trust is that these laws are very new and haven’t been tested. This means that ultimately they have the potential to be very risky. It’s a given that there would be many questions if a Trust trustee is sued in another state about a creditor’s ability to attach assets in Nevada Trusts. If this does happen, the law may be overturned. This is one of the main reasons you would want to talk this over with a highly qualified Las Vegas attorney.
Just to clear up some possible confusion over how a Nevada trustee could be sued in another state; this may happen if they live outside of Nevada. That would mean they may be sued in whatever state they are in. It may also be the case that assets are in another state, meaning a lawsuit could take place in that state. If a suit was filed in another state, the courts would be hard pressed to apply the Trust laws of the state in which it was created. For example, if the trust was formed in Nevada but the assets are in Florida and a suit is filed there, Florida law may apply and the assets won’t be protected.
This situation has the potential to get even more complicated if a lawsuit is in Federal court and the creditor is in a different state. And, there’s more, the Asset Protection Trust is specifically designed to delay creditors. This brings amendments to the Bankruptcy Code into the picture which invalidates self-settled trusts created within ten years of filing for bankruptcy.
There are a variety of permutations and combinations for the creation of trusts that do work, but you really need to speak to an attorney to know which ones would work in your case. You may need an irrevocable living trust, an offshore trust, or put your assets into a corporation. The only way to know what option to choose is to discuss this with a lawyer who understands what would work best in your circumstances.
Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
“In addition, medical errors don’t tend to just happen in a hospital, and may arise in a physician’s office, an operating room, a clinic, the ER, at a drug store/pharmacy, at home, in a lab, or a nursing home,” added Hofland.
Many people don’t realize that misdiagnosis is classified as one of the most costly forms of medical errors simply because it often leads to wrong medical treatments, delayed treatment or even no treatment because of a misdiagnosis. “Be aware that there are also an increasing number of people who attempt to self-diagnose by surfing for conditions on the Internet,” indicated Bradley J Hofland, a Las Vegas personal injury lawyer.
Aside from that form of misdiagnosis, there are some conditions that just don’t get pinpointed, particularly if there are no major symptoms presenting. “Even if there are symptoms, this does not mean that there won’t be a wrong diagnosis if the disease mimics something else. Along the same lines, there is also a chance of a right diagnosis, but the wrong subtype of disease,” explained Hofland. Included in this area of misdiagnosis is also the fact that a disease, if diagnosed, may have a variety of companion complications that need to be dealt with and treated.
Cases such as the ones mentioned here should be discussed with a highly skilled attorney, familiar with this area of the law. The only way to obtain justice in situations like this is to seek redress through the courts for personal injuries.
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Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
Going through a divorce is not a lot of fun for any of the participants, not to mention the usual financial consequences dogging both parties as they struggle to get back on their feet. However, the rush to the divorce courts seems to be slowing down, thanks to the bad economy, something that Bradley J. Hofland, a Las Vegas divorce lawyer, has noticed as well.
If a person stands to lose a great deal of money, property, assets, pensions, etc., when they file for divorce, it stands to reason that they would be thinking twice about whether or not to pull the plug and take their chances with the courts. There isn’t always a lot of certainty about how the property may be split or how alimony and child support issues will be handled. One thing is for certain, divorces cost money and that seems to be a fact of life.
“It seems that divorce these days is now something people consider very carefully before they make any decisions they may not be able to live with later,” added Hofland, who practices Las Vegas family law. In fact, 37 percent of the members of the American Academy of Matrimonial Lawyers are reporting that they’re once again seeing a decline in divorces. Interestingly enough, this trend seems to follow a pattern directly tied to the state of the American economy.
These days if someone wants a divorce, they need to do some serious planning before they make any decisions. One of their choices may be to wait until the economy improves and people’s ability to manage debts takes a turn for the better. What also seems to be happening on the matrimonial front is that those in troubled marriages are waiting to see what happens. “Two things may happen in that instance – the problems may resolve and the marriage may continue, or the issues merely percolate and the parties start to get prepared to divorce at a later date,” said Bradley J. Hofland, a Las Vegas divorce lawyer.
Facing a job loss, lay off, illness or divorce is enough to make many people stop dead in their tracks and consider what it would mean if their net worth took a sudden plunge. The facts are that they would likely not be able to make the payments associated with a divorce – the legal fees and the possibility of also paying out two types of support – spousal and child. To find out what would happen in the event of a divorce, contact a highly skilled attorney such as Bradley J. Hofland, a Las Vegas family law attorney.
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Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
Not many people have heard of the term anesthesia malpractice and it doesn’t just happen in the operating room, as many would guess. It may happen during pre-operative prepping, post-op recovery, or even in any location where anesthesia is given, such as a medical facility or physician’s office. Las Vegas personal injury lawyers are well aware of cases such as this.
The assumption that lies at the basis of any medical malpractice lawsuit is that doctors or medical professionals owe us a primary duty of care to exercise their skill and training with due diligence to the patients. Although medical practitioners are human and do make mistakes, their standard of care is higher because of their training and the enormous amount of trust others place in their hands. Not exercising the proper care may result in severe injuries or death.
The scope of anesthesia mistakes ranges from possible incidents during childbirth and may also encompass dental procedures. The difficult thing in this particular field of medicine is that errors are not just limited to anesthesiologists. To administer anesthesia all one requires is specialized training and certification.
This explains why you’ll find other people, (besides doctors) giving anesthesia in places like a dental office, an office that specializes in cosmetic surgery and other outpatient procedures; e.g. colonoscopy. This isn’t to say that ordinary people on the street are able to get special certification in administering anesthesia, as it’s only medical professionals that get this training, and that includes dentists, surgeons and nurses, etc. While incidents like this are not highly common, many Las Vegas personal injury lawyers have handled some cases during the course of their practices.
Injuries that result from a brush with the wrong dose or method of administering anesthesia usually manifest themselves in the form of an overdose and/or the failure of the person giving it to properly prepare the patient, take extra precautions or monitor the patient.
There is one other area where sometimes things go awry, and that is when the anesthesia staff don’t properly inform the patient of what they may expect. Informed consent issues are another area of duty of care by medical professionals that needs to be followed to avoid disastrous consequences. If you have any questions about an incident that you may have endured involving anesthesia, discuss your concerns with an experienced Las Vegas personal injury lawyer.
Be aware that liability may not just be outside the hospital or other office settings and may involve the actual equipment used. All the apparatus used when administering anesthesia needs to maintained consistently and diligently, and if anything is not done properly, liability may fall on the manufacturer or the individuals who maintain the machine(s).
If you feel you have been the victim of anesthesia malpractice, contact a highly skilled Las Vegas personal injury lawyer to help you build your case for just compensation.
Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
The recession has hit Americans right where they live, and times are incredibly tough for many struggling to keep food on the table. Throw a divorce and maintenance and child support into this mix, and you have a recipe for disaster. Divorced spouses who have lost their jobs, or even taken a cut in pay to keep a job, are wondering how on earth they are going to keep up their maintenance/child support payments.
The one way to accomplish this is to request the courts make modifications in previous child support/maintenance agreements. Evidently, according to a fairly recent survey conducted by the American Academy of Matrimonial Lawyers, roughly 39 percent of America’s top ranked divorce attorneys are reporting a significant hike in the number of modifications being made to child support payments. On the other hand, close to 42 percent across America and in Las Vegas family law offices have seen an increase in changes made to alimony payments.
Times are tough all around and the signs of the times are often seen in Las Vegas family law offices as they assist clients in dealing with the fall out of a change in financial circumstances. In most instances, that directly affects their client’s ability to fulfill their contractual obligations as first negotiated. There certainly aren’t many other alternatives for a person paying child support/alimony to adjust their payments if they’ve lost their job or become too ill to work.
Keep in mind how the child support was figured out in the first place – usually by the courts after they look at several factors on both sides of the fence. Those factors included what each parent made yearly and could encompass things like social security, pensions, benefits, workers’ compensation, lottery winnings, tips, investment income and UI.
Digging a little deeper, the court would also ascertain if there was child support being paid or received to maintain children from another relationship, what was being paid out in terms of extra education expenses and childcare expenditures. Health insurance costs are factored in as well. Generally speaking, this is the process to figure out child support and your Las Vegas family law office will help you in calculating these expenses.
In order to get any changes made to the child support payments, you have to go back to court and specifically ask for a modification. The way that works is if both parents agree, (if they don’t – ask your Las Vegas family law office lawyer what to do next) they hand in something called a “stipulation” to the court.
The court’s role is to approve the stipulation and issue an order modifying the original child support order. Be aware that the “only” modification that will be enforced is the modification the court issues. Nevada will not enforce child support payment agreements cobbled together by the parents. By the way, it is also possible to get a temporary modification for a minor change in circumstances. Speak to your Las Vegas family law office lawyer and find out how this process works.
Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
“There are circumstances where support (alimony/maintenance) may indeed be modified later and those may include losing a job, becoming disabled, having to take a significant pay cut to keep a job or other major changes in one’s life, such as a significant illness,” explained Bradley J. Hofland, a Las Vegas family law attorney with Hofland, Beasley & Galliher. Even though a final divorce decree stated amounts and times those payments were due, the law does understand that things change over time.
“In order to go for a post-decree modification, the change to a person’s life must be a significant one in order for the courts to consider allowing a reduction in the amount of support originally part of the final decree, said Hofland. To file a post-decree modification, hire a family law attorney with extensive experience in this area of the law. They are there to outline all the available options depending on what circumstances are present at the time of the filing.
Don’t wait to file a post-decree modification, as payment under the original decree must continue until the court has heard and modified the new application. The longer one waits to do this, the more money they may ultimately pay out. “Be aware though that the “change” cited in the post-decree modification needs to be very significant in order for the courts to consider making changes,” added Hofland, a Las Vegas family law attorney with Hofland, Beasley & Galliher.
In other words, losing a job might not be a valid reason for the courts, as they look at each individual situation prior to making any changes. For instance, if the party applying for a post-decree modification has a fair number of assets, this would mean they could still afford to pay support.
“Just because an application has gone to court for consideration does not mean the payments may be stopped or reduced until the court says so, and it definitely does not mean reduced payments are retroactive. On the other hand, if the decision is for an increase in support, those payments would be retroactive,” said Bradley J. Hofland, a Las Vegas family law attorney with Hofland, Beasley & Galliher.
If facing a situation where it looks like filing for a post-decree modification makes sense, hire a top-notch family law attorney to help negotiate all the twists and turns that may be down the road.
To learn more about Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
The post To Modify or Not to Modify Support first appeared on SEONewsWire.net.]]>There is a way to protect assets during a divorce, but it is complicated and in addition to the emotional upheaval of the event, it might not be worth the fight. This is where those who catalogued their assets in advance usually have an easier time of it.
If starting from a position behind the eight ball, then make certain a really top-notch family law attorney is on board by hiring Las Vegas family law attorneys. First class legal counsel is key in determining who is entitled to what property. An attorney knows the law and how it affects property rights. An attorney also knows when other professionals may need to lend their services, such as appraisers and accountants.
“If a spouse has a legal document called a “Power of Attorney” and had the ability to control property and finances, prior to divorce, have the lawyer revoke this authority immediately,” said Bradley J. Hofland, a Las Vegas divorce lawyer with Hofland, Beasley & Galliher.
There are many factors to consider protecting assets during a divorce, where everything owned by both parties is examined and divided or awarded to one party. Some assets are not subject to division, such as gifts, family heirlooms and personal injury awards based on pain and suffering.
Be sure to distinguish community property from separate property. The only way to properly do this is to hire a lawyer. Many times, couples argue over the value of their assets. When this occurs, it often becomes necessary to hire a professional appraiser to avoid any “he said, she said” battles.
Perhaps the most critical item of property many couples don’t immediately identify as being subject to division is retirement. In many cases, one party started a retirement fund or had a retirement benefit prior to marriage. During the marriage, the fund increased in value. “You should never try to determine what is subject to division and what is not, without the help of an experienced lawyer. A lawyer will advise you of the proper method of division and perhaps even engage the services of an actuary to assist in calculating a division,” aid Hofland.
One of the simplest and best tools to use during a divorce is a video recorder or digital camera to inventory every item of property that may be disputed. “The pictures should then be attached to the list made of items gifted prior to marriage and those given after the marriage. Do not remove anything from the home until this inventory has been completed,” said Hofland.
When the cataloging is done, then remove personal items to a safe location, not accessible by a spouse. Oftentimes, small personal or very valuable items have a tendency to “disappear” or “never exist” when parties are involved in a contentious divorce proceeding.
Once you leave items behind, they may not be there when you come back. If one spouse left voluntarily, they may go back to get their belongings. “If the locks have been changed, the locked out party has a right to call a locksmith, unless the locks were changed subsequent to a court order,” outlined Bradley J. Hofland, a Las Vegas divorce lawyer with Hofland, Beasley & Galliher.
There are many other things that divorcing parties need to be aware of when it comes to the process of splitting the marital assets. Consulting a family lawyer with extensive experience in this area is the smartest solution to a difficult problem.
To learn more about Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
The post The Property Split Headache first appeared on SEONewsWire.net.]]>There are actually several forms of adoption available for those who wish to go this route to have a child. Adoption is much the same process as deciding to have a child. You need to weigh out the pros and cons and consider what your motives are for having a child or for choosing adoption.
One method of adoption is known as domestic private. The others available to choose from are inter-country adoption, kinship/relative adoption and domestic adoption from state foster care. The route you choose will largely pertain to what you think is right for your particular family situation.
A domestic adoption usually proceeds through a licensed adoption agency, an attorney, adoption facilitators, doctors or other various avenues. In this instance, you are able to adopt directly from a family. Usually what takes place is that the family of the child typically chooses the family that will later adopt that child. In many instances as well, both the families will make decisions about how much contact the child will have with both sets of parents.
Inter-country adoption usually refers to adoption of children who are residents and citizens of one country, but the parents are citizens of another country. Typically in these instances, both governments of each country are also involved in this process. Check the State Department website to find out if the country you want to adopt from is allowing inter-country adoptions to the US.
Kinship or relative adoption means a family is adopting a child through close family ties, for instance the child of a sister, or through a relationship the family has with the child’s family. A good example of this would be adoption by stepmothers and fathers, grandparents or even friends. You definitely need the assistance of a skilled family law attorney for any of these adoptions, as these matters tend to be rather complex.
Domestic adoptions from a state foster care situation means that you would be adopting a child or children out of temporary foster care or a welfare situation. Children in circumstances like this require a great deal of time and commitment, as they have not experienced that in their lives prior to adoption to a safe home.
If you’re considering adoption, get in touch with an extremely knowledgeable family law attorney to assist you in getting through all the legal hoops.
Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
It doesn’t take a rocket scientist to figure out that a paternity test is to determine who the father of a child is. Tests really aren’t needed for the woman, unless she got pregnant thanks to an egg donation, because she is obviously the mother. This is why the male’s DNA is tested and not the female’s.
The simplest test to determine paternity happens to be the DNA test, because when a new embryo is created, it pulls DNA coding from both mom and dad to start a new life. The roadmap of the child’s DNA can only lead to one father and mother. DNA tests are startlingly accurate, up to 99.9%. The only exception to this rule is the remote possibility that one of a set of twin brothers could be the father. Still, in this situation, a combination of tests would be able to reveal the true father with a great degree of accuracy.
A practical question in some instances is whether or not a paternity test is “legally” necessary. While a father has a right to know if a child is actually his, the real question becomes whether or not it is beneficial for the child to know this piece of information.
How will it affect the child if it is determined that the father who has raised him is not his actual, biological father? The bonds that have been established between the father and child often make such a determination psychologically harmful.
Instances where a paternity determination is legally necessary are those instances where there are disputes as to custody, visitation, and child support. These issues most often arise in cases where the couples have not married, but ironically can arise in a divorce case.
We have seen quite a few cases where fathers who want to establish parental rights are in direct conflict with a person who may have raised the child as his own. In situations like this, there is often an ugly legal battle over parental rights and how granting them may affect the welfare of the child at the center of the battle.
There’s a great debate over this issue, with two schools of thought. The first one says that since the father created the child, he should have the right to be a dad to his offspring. The second school of thought supposes that a child should not be forced into having to choose between a man he has considered to be his “dad” and who has been present in the child’s home environment, or his biological dad. There is no perfect resolution, and each case should be dealt with on its particular set of facts and circumstances. This is one area of the law where there are very few, if any, perfect solutions.
Having a paternity test is sometimes akin to opening a can of worms, and the legal ramifications need to be carefully considered before proceeding. When in doubt about the wisdom of learning whether you are a child’s father, especially if the child already has a “dad,” consult with a skilled family law attorney who will be able to advise you of your rights.
Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
Divorces are not much of a picnic and in fact have been likened to root canals by most people who go through them. No matter how strong and tough a person is, a divorce hits people hard – mentally, emotionally and in some instances, physically. Many people aren’t aware that before they get to the actual legal, final divorce, they are many things that need to be done.
Usually the major thing that has to be taken care of is the division of property. When it comes to who gets what, emotions usually tend to run quite high and financial factors may figure into the acrimonious division process. A divorce lawyer will advise that a list of all property jointly and separately owned needs to be drafted.
Even if one party paid for a certain item, that item must be listed if it was acquired after the date of the marriage. Most of the items on a list such as this are considered large ticket items that both people own – separately or by virtue of being married. Things may be left off the main list, but only if both parties to that decision agree.
Listing the property is just the start of the process. The next step is valuating what each item is worth. Don’t skip this part of the proceedings, as it will come up in court when the judge wants to ask questions. The value of the property is a major factor in how things are split by the court. If this is part of the divorce process that parties would rather avoid for fear of not ultimately getting what they really want in the property split, then agree to split things before going to a hearing. This may not be possible if neither party is on speaking terms with the other one, but it may save a lot of angst, anger and frustration later on if a mutual agreement is reached first.
If faced with making decisions in a messy property split, hire a skilled divorce attorney who will advise on the best way to handle situations such as these and make sure the proceedings go as smoothly as possible.
To learn more about Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
The post Splitting the Property in Two first appeared on SEONewsWire.net.]]>Child visitation is an issue that won’t go away; even if the parents are divorced, they still play a role in the child’s life. Nothing in this area of law is crystal clear and in fact, it could even be said there are far too many shades of gray to be intelligible. This is such a loaded area of the law for a variety of reasons, mostly having to do with the need for both parents to be flexible when their circumstances change and whether or not they feel the need to be accommodating about it. The fact of the matter is that visitation rights are often the last bit of leverage one parent has over the other.
For this, and other reasons, sitting down with a skilled lawyer to work out a detailed visitation agreement may save years of stress and actually wind up being beneficial to the parties and the children – the people who really count in visitation disputes. Most courts advocate for agreements that are in the best interests of the child, which often means that both parents will have significant access to the child. If the parties are able to work this out on their own, it is often better than being handed a court-imposed solution. If the courts do need to step in, the parties may find they don’t like the options in the visitation agreement.
Using a little common sense and remembering who is the most important party to the visitation agreement provisions – the child(ren) – should bring a bit more clarity and reason to the process of trying to work out a visitation schedule. It’s usually best if the parents work things out on their own and come to terms that are equitable and as fair as they can be under the circumstances.
If the courts need to step in they will have an eye to balancing and weighing several factors to arrive at a fair visitation agreement. Those factors would include the location of both parents, what school requirements need to be met, the age of the children and their health and other social concerns. While these things may change over time, the courts realize there has to be at least a starting point.
If faced with a child visitation agreement dispute, it’s best to discuss the various options with a well-qualified attorney and have them guide the participants towards a workable solution rather than have to put out more money to take the matter to court.
To learn more about Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
The post The Issue of Child Visitation first appeared on SEONewsWire.net.]]>If you think you tripped and fell on someone’s property because of dangerous conditions, then it’s time to talk to an attorney who has experience in this area of the law. Accidents like this are wont to happen just about anywhere and only a good attorney will be able to advise you whether or not you happen to have a decent case, or – in the spirit of a good legal joke – have a leg to stand on.
If you’re talking about dangerous conditions where you were walking, in most instances you are referring to a failure on the part of the person who owns the land in question (or the proprietor) to offer safe passage on their property. For instance, the site of the accident clearly shows poor maintenance and/or neglect such as broken stair railings, cracked floors, poor lighting, etc. To put this another way, the condition of area where you had your accident was shoddy, and management didn’t immediately fix things, thereby creating an accident looking for a place to happen.
In circumstances such as this the landowner or proprietor may be held accountable for any injuries if it is proven in a court of law that the cause of the accident was negligence. And negligence is what? Negligence is proven when a plaintiff demonstrates that a defendant failed to abide by certain safety rules and that this caused the plaintiff’s injury. Now this might sound fairly simple on the surface, but it rarely is, as the defendant has the right to say whether or not the plaintiff is a trespasser, a licensee or an invitee.
Why would it make a difference what the plaintiff was doing on the property? It makes a difference because it outlines the extent of the defendant’s liability. So, an invitee is there because they were asked to be there and the landowner knew the person was coming. By the same token if a person is invited, that means the property must be safe from all hazards. Invitees might be diners in a restaurant or supermarket customers.
A licensee is a person who is on the landowner’s property for his or her own reasons/purposes, but with the permission of the owner. The only duty due here is that the landowner must warn the licensee about any known hazards that someone there for the first time would not know. The owner isn’t required to fix anything, just warn about the hazards, if there are any.
Logically then a trespasser is there without permission and is not welcome on the property. In this instance the owner isn’t responsible for any accidents, as the owner would not be aware a trespasser was on his or her property.
If you’ve been involved in a slip or trip and fall case, contact a lawyer to find out your eligibility to file a claim.
Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
Med mal cases are not about simply asking the medical institution or the physician to fork over the cash to pay for negligence and injuries. It involves far more than that and will definitely include insurance companies bound and determined to state their client was merely doing what they were supposed to do, according to accepted medical practice. This of course may turn into a three-ring circus in the process, as gross negligence cases usually wind up being settled to avoid the bad publicity that would accompany them.
While you may think you have a good case, and even be aware of what may be required to launch a personal injury med mal case, you will need a good med mal attorney to deal with the infighting between the insurance companies, sort out what damages you may be able to collect and make heads or tails of all the confusing paperwork that tends to go with cases of this nature.
Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
Finding out who is responsible for a case of medical misdiagnosis is not easy. It’s a complex area of the law and medical negligence is also fairly difficult to prove without a whole host of expert witnesses, medical charts, test results, and the like. This isn’t to say that medical misdiagnosis cases are unusual; they are, however, cases that take a long time to wind their way through the courts.
While most physicians do take the time to look after their patients, assuming the responsibility of a highly trained professional, medical misdiagnosis is far more common than society would care to admit. “Any time there is medical negligence someone suffers,” said Bradley J. Hofland, a Las Vegas personal injury attorney with Hofland, Beasley & Galliher.
By legal standards, there are usually two fairly common oversights that happen virtually daily in the medical arena – the misdiagnosis of a patient’s condition or the failure to diagnose a problem. “Statistics exist indicating that roughly 40% of all med mal lawsuits in the U.S. resulted from a physician’s failure to diagnose a patient in time,” added Hofland.
Misdiagnosis is an interesting area of med mal, as a patient who is diagnosed with the wrong condition or illness may end up suffering from a variety of very unpleasant symptoms. The major problem, however, is not being treated correctly, or not getting treatment for the real medical condition. What this means is in a situation where “time is of the essence,” and a disease such as cancer is not diagnosed soon enough, the patient suffers and may not get the treatment they need in time.
“The other area of concern is options for treatment and the choice of medications for a person may be totally incorrect if the disease is misdiagnosed, which means the disease may be exacerbated in a negative way,” commented Las Vegas personal injury attorney Bradley J. Hofland. These cases are extremely difficult for the person who suffered through a medical misdiagnosis or a failure to diagnose a problem.
There are many cases that also deal with the failure of doctors to even diagnose a disease, which again, would be very devastating for the patient who may receive no help for their illness. Of course, the illness will worsen over time, possibly to the point where it is no longer treatable.
The other interesting part about medical misdiagnosis is that doctors are not always the only people responsible for failure to diagnose cases. The fact is that insurance companies have, at times, done patients a serious wrong (through their policies/practices) by making it difficult for them to receive timely medical intervention. “It’s not too much of a stretch to say that in some instances delays on the insurance end means the difference between life and death,” added Hofland.
To learn more about Las vegas divorce, las vegas personal injury, las vegas divorce lawyer, las vegas family law, las vegas family law attorneys, las vegas personal injury lawyer , visit Hoflandlaw.com.
The post Responsibility for Medical Misdiagnosis first appeared on SEONewsWire.net.]]>Assuming that the injuries received as the result of a car accident are minor is a mistake many people have made in the past, and they have wound up paying for that error. “Just because an injury seems to be relatively minor, does not mean that it is,” said Bradley J. Hofland, a Las Vegas personal injury attorney with Hofland, Beasley & Galliher. No one but qualified medical personnel are able to assess the extent of personal injuries, and sometimes they can’t tell accurately either.
The classic case that comes to mind when assessing personal injuries and their severity, is the skiing accident of Natasha Richardson. Her fall didn’t seem to have harmed her, until it was later determined she died of traumatic brain injury. In cases like this, and in other instances, what you see may not be what you get. Always err on the side of caution and speak with a doctor and make detailed notes about the accident, your injuries and how you feel.
Make it a point to contact an attorney who has extensive experience in dealing with car crash victims. Being an accident victim is traumatic in more ways than one. While many people are just thankful to be alive, this is not all that people should be settling for. Mental, physical and financial trauma may be the foundation for a personal injury lawsuit, which is why a crash survivor needs to contact competent counsel such as Bradley J. Hofland, a Las Vegas personal injury attorney with Hofland, Beasley & Galliher.
Hofland is an expert in assisting his clients to understand their legal rights and outlining the damages that may be awarded in various cases. Hofland knows that in Las Vegas, traffic is a major hassle and that accident rates are fairly high, given the roadway congestion. Drivers are not always as careful or considerate as they should be and this tends to result in accidents.
Being involved in a car crash means contacting a personal injury attorney such as Hofland, who will ascertain the cause of the crash – negligence, aggressive driving, distractions, drunk driving, etc. – and will go to work for clients to make sure they get justice. “We value all of our clients and make it a point to sit down with them when they contact us and go through their case in great detail, making sure we are able to help them,” added Las Vegas personal injury lawyer Bradley J. Hofland.
To learn more about Las vegas divorce, las vegas personal injury, las vegas divorce lawyer, las vegas family law, las vegas family law attorneys, las vegas personal injury lawyer , visit Hoflandlaw.com.
The post The Car Accident Was Minor but the Injuries Weren’t first appeared on SEONewsWire.net.]]>The death toll from big rig crashes isn’t the only set of numbers that people need to be more aware of when driving with the big boys on the highways. More than 20,000 people are badly injured every year by having a major dust up with commercial truck drivers. In situations where car meets truck, it’s the truck that will come out ahead in just about every case.
What are the reasons for the rising accident rates? A large number of 18-wheeler drivers are driving while dead tired. They have hundreds of miles to drive and the salary for trucking isn’t princely to begin with, prompting many of them to drive more hours for more money. Combine this dash for cash with tight delivery deadlines, and a recipe for disaster is in the making.
Nodding off will cause a rig to drift into other lanes, and when the driver is not totally alert, it may also cause improper down braking, jack knifing and rollovers. Inattention and lack of sleep are two partners that stalk the highways as the perpetual companions of long-haul drivers. Rig drivers are also dying in many of the accidents they caused. Death seems like a high price to pay for not paying attention or not getting enough sleep, and the death of others as a consequence is even worse.
Even though it is a legal requirement to keep logbooks on the number of hours truckers’ drive, they are not always accurate. In fact, some truckers keep a double set of books showing the legal time limits and another showing the actual hours behind the wheel. If the true logbook is found after a crash, that in combination with an electronic on-board recorder (if there is one present), will help reconstruct events prior to a crash.
The difficult thing about 18-wheeler crashes is the various overlapping laws and regulations – a total nightmare when trying to file a personal injury lawsuit or wrongful death suit. Make sure you contact an attorney who has a track record in dealing with big rig crashes, one who has the ability to get to the heart of the matter quickly and obtain justice.
Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about Las vegas divorce, las vegas personal injury, las vegas divorce lawyer, las vegas family law, las vegas family law attorneys, las vegas personal injury lawyer , visit Hoflandlaw.com.
The post Big Rig Deaths on the Rise first appeared on SEONewsWire.net.]]>Statistics across the nation are showing an increase in the number of motorcycle accidents that result in personal injuries such as broken shoulders, broken or crushed bones, soft tissue damage and brain damage – often called Traumatic Brain Injury or TBI. The facts are that the National Highway Traffic Administration reports over 38,000 deaths as a result of motorcycle crashes between 1976 and 1999. One may only conclude, and rightfully so, that the numbers have not gone down in the intervening years.
Why are the bike crash rates so high? There are a number of reasons, and they may include unsafe road surfaces, particularly rural roads, difficulties seeing properly, undivided roads, being under the influence of alcohol or drugs, reckless driving, and night driving. Interestingly enough, close to 60% of the motorcycle fatalities happened during the night. You might also notice that weather doesn’t seem to affect the statistics all that much.
Other reasons often cited for motorcycle accidents have to do with defective parts, poor manufacturing and poor quality aftermarket parts. If any part on a motorcycle is out of whack, poorly installed, improperly maintained or is defective (cracked, chipped, bent, etc.) then this will affect the overall ride. Just one part that vibrates that is not supposed to will make the bike hard to control, and at highway speeds, this may be the kiss of death.
Motorcycle accidents have been likened to trying to ride a bucking bull at the local rodeo – where she stops nobody knows. Indeed, when a bike does stop after the rider has lost control of it, head injuries are often a catastrophic side effect. It doesn’t help that many riders eschew the use of helmets and/or don’t think they need to have a proper driver’s license to operate a motorbike.
Licensing is such a major concern because roadside deaths involving bikers show that one out of every five bike riders wasn’t properly licensed – meaning they did not have the right experience to properly handle such a deadly weapon. Nor did the riders involved in accidents have the proper safety gear.
If you have been in a motorcycle accident and survived, speak to a motorcycle injury attorney about filing a personal injury lawsuit. If members of a family who lost a loved one due to a bike crash want to file a wrongful death suit, contact a highly skilled attorney to explain the options for ensuring justice.
Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about Las vegas divorce, las vegas personal injury, las vegas divorce lawyer, las vegas family law, las vegas family law attorneys, las vegas personal injury lawyer , visit Hoflandlaw.com.
The post Brain Injuries or Death on a Motorcycle first appeared on SEONewsWire.net.]]>Keeping children safe is no easy task these days. The world is a stranger place than it used to be when we were growing up as kids. Gone are the old safe neighborhoods where no one locked their doors or cars, when kids rode their bikes all over the place and knew everyone. Today strangers are the biggest potential threat for children. “However, having said that, there is a fine line between being paranoid of strangers and learning how to interact safely with others,” said Bradley J. Hofland of Hofland, Beasley and Galliher, Las Vegas, Nevada.
We live in neighborhoods where we don’t even see who lives next door any longer, nor do we know what they do. We don’t have those neighborly chats across the back fence anymore as people are too busy and on the go. Our children don’t get the opportunity to know the neighbors either and be able to distinguish who belongs in the area and who does not.
“Child abduction statistics indicate that roughly 58,000 kids are taken by non-family members every year, with most of the children returned safely within 24-hours,” indicated Hofland. While a heartening outcome, it raises the very real specter of the “boogieman” in the neighborhood, not to mention wondering how many children are taken by family members and not returned home due to jurisdictional issues. Know your rights in cases of child abduction by consulting a highly skilled attorney in this area such as Bradley J. Hofland of Hofland, Beasley and Galliher, Las Vegas, Nevada.
All parents take precautions to protect their little ones. It’s simply the smart thing to do. Careful, thoughtful guidance about what to watch out for and how to handle themselves is better than scaring the kids with horror stories of what could happen to them if they don’t follow the rules about talking to strangers.
If a parent is facing a child abduction situation, immediately contact Bradley J. Hofland of Hofland, Beasley and Galliher, of Las Vegas, Nevada, and make an appointment to discuss the legal issues involved. Even if the child was taught to not speak with strangers, take candy from people they don’t know, or to go anywhere with someone they don’t know, things happen. Hofland, Beasley and Galliher have a solid reputation handling abduction cases by family members.
To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
Actonel, otherwise known as Risedronate Sodium, is made by Proctor & Gamble (the world renowned soap manufacturer) and was approved for use in the U.S. by the Food and Drug Administration (FDA) in 1998. Actonel is a member in a class of drugs called bisphosphonates, and these are found in, among other things, laundry detergent. Aredia, Zometa and Fosamax all belong in the same group and have similar side effects.
Undeniably this particular drug is so overwhelmingly popular that an estimated 36 million women use it to prevent or slow down the process of osteoporosis. The reason the numbers are as high as they are, is due to the fact that hormone replacement therapy was yanked off the market when it increased the risk of heart disease and breast cancer. This means younger women are taking Actonel and other bisphosphonates.
Actonel’s action increases the amount of bone available to the body by slowing down the replacement of old bone. The problem with the science behind that is the body is unable to replace poor quality bone that may have fractures or doesn’t have healthy living bone cells left. No one really knew about the connection between taking these drugs and Dead Jaw until 2004 when the Journal of Oral and Maxillofacial Surgeons pointed out the connection
Osteonecrosis of the jaw means tissue doesn’t heal after a tooth extraction leaving the jaw bone exposed and open to infections and possible fracture. This may lead to surgical removal of the dying bone tissue or long-term usage of antibiotics. Despite this very real concern, this drug is still one of the most popular osteoporosis drugs on the market.
There are hundreds of people across the U.S. who have been taking Actonel, etc. who should be speaking to a highly qualified attorney for an assessment of their claim. If taking this drug is a new addition in your health management, speak to a lawyer about the possibility of filing a lawsuit.
To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
It’s exciting getting married to the one you love and want to spend the rest of your life with. Your future is bright and your partnership will be solid. Or will it? While the “idea” of a happily ever after story sounds enticing, the statistics rarely back this myth up. The most frequently seen “marriage gone bad” quote is the one dealing with figures that show about half of all the marriages in the U.S. (and other countries) will terminate in divorce.
While marriage at one time literally meant, “until death do you part,” such is not the case today. Marriage in the 21st century is an interesting blend of factors that make up the marital contract, factors that include the emotional, social and economic aspects of a relationship. It’s a complex mixture and definitely not as straightforward as we’d like it to be. Many couples find out how difficult things get once the marriage starts falling apart and they discover what they assumed at first is not what actually happens economically speaking when divorce is in the air.
They should have signed a prenuptial. While this may be easy to say, many engaged couples find this difficult to do, because they consider a prenuptial to be a self-fulfilling prophecy of a doomed marriage. While it’s true that a prenuptial doesn’t rank right up there as being a romantic thing to do, it could make a world of difference later. In plain English, the benefits of a prenuptial agreement far outweigh its negative aspects.
Many engaged couples argue that signing a prenuptial agreement shows they don’t trust one another. While that may be true, it also shows that a trusting couple with a solid relationship has no fears about dealing with their issues in the form of an agreement. It’s often better to discuss explosive issues about money, property, etc. before getting married, otherwise one or both partners may feel pressured. Resolving things early actually removes, in advance, any possible glitches during the marriage or in the event of a divorce.
The biggest benefit of signing a prenuptial is that it cuts down the amount of time and money spent in case when there is a divorce proceeding. This isn’t to say that there will be a divorce, it is rather to indicate that it is smart to have contingency plans in place – just in case. No prenuptial may mean a long, protracted divorce battle, and long and protracted usually translates into “expensive.”
If you happen to be considering marriage and have property or wish to protect your personal financial situation, make it a point to contact a skilled prenuptial agreement attorney. Get all your questions answered now, not later when it may be too late. Knowing your rights before something hits the fan is in your own best interest.
Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.
It’s a well-known fact that kids love their Grandpa or Grandma and love spending time with them. Unfortunately, if there is a divorce, separation or death in the family, this causes some very real problems for the grandparents. They often find themselves without a legal leg to stand on when it comes to seeing and caring for their grandkids. Thankfully, all 50 states have laws and statutes that allow grandparents to visit.
In part, the reason legislators got behind this issue is that grandparents are also the last resort for children in need of protection and a place to call home. It isn’t unusual to see grandparents taking on the reprisal role of “parent” in the absence of the legal parents, either due to death, divorce, drug or alcohol issues, or absenteeism due to work.
In fact, the U.S. Supreme Court handed down a decision in 2000 that indicated, in brief, that parents cannot limit the visits of grandparents. Grandparents also have the enshrined right to visit the kids no matter where they live, thanks to the Visitation Rights Enforcement Act of 1998.
There is a bit of a process to go through to get these visitation rights. If grandparents want legal permission, they need to petition the Superior Court of their state. Factors looked at prior to granting permission for visitation include: the nature of the relationship between the child and grandparent, the applicant’s mental and physical records, and the preference of the child. The overriding consideration is if the grandparent’s visit would be a benefit to the child or not.
The days when grandparents had no idea whether or not they could see their grandkids anymore are at an end. The courts these days have a major focus on doing what is best for the children and that includes considering the grandparents in the equation. This is even more crucial as the divorce rate keeps soaring.
Knowing your legal rights as a grandparent is important if you find yourself in the middle of a custody battle and you need to take over to ensure the child(ren) have a caring, nurturing place to stay. To find out what your legal rights as a grandparent are, talk to a competent family law attorney. It never hurts to be prepared for the future.
Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.