Child Conservatorship in Texas

By on 9-05-2016 in Family Law

“The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.” This stipulation is stated in Title 5 Sec. 153.002 of the Texas Family Code.

The best interest of the child is the primary consideration of all state courts when determining child custody, visitation rights and child support issues during a divorce process. The best interest of the child, however, does not necessarily mean what the child wants, but what the court deems would be best for him/her.

As mentioned in the website of law firm Kirker Davis, LLP, in the determining conservatorship or custodianship (of a child) the overarching standards for Austin and Texas courts are: (i) assurance that the child will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child; (ii) provide a safe, stable, and non-violent environment for the child; and, (iii) encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.

The issue of conservatorship, besides being legally complex, can be the most emotionally involved and contentious of all divorce-related issues that need to be settled. It is for this reason that the courts encourage divorcing spouses to work together, settle their differences and try to arrive at an amicable agreement regarding child custody, otherwise, determining conservatorship issue will be left to the family court judge who will make all legal and binding decisions (in open court) after hearing both spouses lash at each other; the decision may not be likable to one or to both parents, or even to the child himself/herself as it will be based on what the judge sees to be right, fit and fair.

A child, upon reaching the age of 12, can sign a “Choice of Managing Conservator,” a document that will tell the court of his/her wishes concerning primary living arrangements. This document can persuade the court to decide based on a child’s preference, however, this is not always the case.

As soon as you or your spouse considers filing for divorce, settling all issues amicably will make a lot of difference in the outcome of all issues that need to be settled. Although you can surely agree or argue with your spouse, doing it with the help and guidance of a highly-competent child custody lawyer may just result in a more reasonable and acceptable agreement, as well as keep your divorce case outside the court.

Truck Drivers Make Mistakes

By on 5-14-2016 in Injuries

Georgia State Patrol troopers responded to a truck accident at Interstate 75 Exit 37 near Old Quitman Road in Cook County, Georgia last Monday, March 21 and charged the 27-year-old truck driver Lewis Lopez with failure to maintain lane, a seat belt violation, and driving too fast for conditions.

According to preliminary investigations, the semi-truck that was headed north on I-75 tried to make a turn onto Exit 37 when it hit a guard rail on the driver’s side, jumped up an embankment, and finally came to a complete stop after striking another guardrail. Old Quitman Road had to be closed for renovations.

Attorneys at Ausband & Dumont say online that a semi-truck is different from a passenger in a number of ways, for instance, in ride height, driver field of vision, and stopping distance, thereby contributing to the frequency of accidents. Another factor contributing to the occurrence of truck accidents is the fact that commercial truck drivers are paid more if they cover more distance during their shift, thereby causing some of them to sometimes not prioritize the condition of other motorists on the road along with them.

Some of the most common instances when a truck driver can cause an accident on the road is when he doesn’t stop and rest at appropriate intervals or if he drives under the influence of sleep-suppressing substances like methamphetamine. The reason for this is because at some point, any tired driver, and more so a tired truck driver, is bound to commit a driving slip that can result in an accident, even if he seems to be powered up by an energizing drug.

Truck drivers can also cause accidents on the road by driving recklessly, making wide turns, merging lanes abruptly, carrying an unsafe amount of load, or driving above the speed limit.

Insurance Cost Determinants

By on 11-19-2015 in Insurance

In case you’ve been in a car wreck, whether you’re the one to blame or you’ve been a victim of somebody else’s carelessness, you understand that each and every mishap that happens has an effect on your auto insurance policy: while it’s speeding, DUI, car accident, or some traffic infraction. Regardless of the state where you live and drive in, your actual age, or variables including the variety of car you are driving, more weight is carried by your driving record on your car insurance policy.

Make sure to stay informed about your driving factors to assess: DMV could sometimes post wrong and is not perfect advice. This is critical especially if you are searching for a brand new provider on your auto insurance or if you’re planning to renew your coverage. Being given the incorrect points about driving can spell the difference when you get your insurance rates.

If your state permits points to be dropped after some years, it is possible to it wait out before trying to get new car insurance. Be sure that the points have dropped before using or even before getting an approximation to make sure you get the lowest possible rates that you want. Finally, in the event you believe you are offered a solution unjustly, you can hire a lawyer to spell it all out in court.

Car insurance in Chicago can rest their charges on whether the driver is a low-risk customer or a high-risk one. With regards to the state, factors may or might not be assigned after you have broken a certain traffic principle. This point system was created as a way to monitor and punish reckless and dangerous driver, and through this point-system insurance providers can accurately predict drivers of getting into an injury, hence could give a greater premium.

There are things you can do to help avoid paying high auto insurance costs. Driving factors are like golf scores – the lower the better. Preventing injuries and being a real defensive driver is just one thing you can do to greatly help get lower premiums. You can accomplish this by going to a defensive driving school. Request the DMV in your neighborhood about schools they approve to get your qualification, and maintain a clean driving record.

What Are the Dangers with Morcellators?

By on 8-11-2015 in Injuries

They say that the most powerful weapon you can have is that of information. It can be a tool that, if wielded properly, could vanquish any foe that you might ever encounter. An informed citizen, as they say, is the most dangerous one – as they know what their rights are and what they are capable of. More than anything, information is something that cannot be taken away from them. And, as an unfortunate side effect, this means that the lack of information can also be a dangerous thing for you – such is the case with morcellators.

Now, morcellators are devices used in laparoscopic surgical procedures (otherwise known as procedures that require but a minimum incision in order to insert the device into the body and perfect the surgery) and what the morcellator does is that it penetrates the body through the incision and suctions out the noncancerous growth. However, using the summaries from the website of Williams Kherkher, there have been many complaints regarding women who have claimed that the use of morcellators from Johnson and Johnson have caused endometrial cancer (a kind of cancer that affects the inner lining of the womb).

Cancer in all its different forms and variations are never easy to deal with and if you, or someone you know, have acquired cancer after the use of a morcellator, it is recommended that a legal team is contacted immediately for help. An attorney may be able to not only defend your case through the best way of wielding information but can also get you access to the best medical professionals in the field so that you may rest easily, knowing that your care and recovery are being handled by the best hands.

So equip yourself with the best knowledge available by surrounding yourself with people who know how to deal with situations like this properly. The most dangerous thing about morcellators could just as easily be when you don’t know what you can do about it when things go wrong when all the power is, indeed, yours.

Brain Injury Awareness Month

By on 5-01-2015 in Injuries

Brain Injury Awareness Month happens every year in March. Headed by the Brain Injury Association of America, the goal of this month is to further inform people about the effects of brain injury and how they can help people in these unfortunate circumstances.

The theme of Brain Injury Awareness Month from 2015-2017 will be “Not Alone.” The idea behind this campaign is to try to eradicate the stigma that comes along with brain injury and in turn empower those that fell victim to circumstance.

One aspect of the campaign was a series of posters featuring people with a brain injury. On the poster is a caption meant to put someone in the shoes of a brain injury victim. For example, one of the captions reads, “5.3 million people living with brain injury want what everyone wants: a good job, a nice home, someone to love, and to enjoy their lives.” The Brain Injury Association also released a series of public service announcements voicing the same message and brain injury fact sheet which include statistics and causes of brain injury.

This year’s Brain Injury Awareness Day took place on March 18th. Co-chaired by Rep. Bill Pascrell and Rep. Tom Rooney, the events that took place throughout the day were organized by the Congressional Brain Injury Task Force. The activities included an Awareness Fair, a briefing about post injury support systems, and a reception. The majority of the events took place at the Rayburn House in Washington D.C.

The Houston personal injury lawyers of The Law Offices of Williams Kherkher, say on their website that the effects of traumatic injuries can be very overwhelming. The central purpose of Brain Injury Awareness Month is to let those who are living with this stress know that they are not alone, and that they deserve credit for being able to face the challenges they are presented with.

Types of Head Injuries

By on 2-26-2015 in Injuries

There are many ways in which one can receive a head injury. Head injuries are debilitating. The recovery process can be long; victims of head injuries are limited in function due to an inhibited cognitive system.

The website of the Chris Mayo Law Firm describes how traumatic head injuries can be. Types of these injuries can be concussions, contusions, and penetration. Each have different symptoms and recovery processes, however are equally as harmful.

Concussions can occur from a wide range of causes. They are the most common type of brain injury, and come from a direct blow from the head or whiplash. During this sudden impact, the brain’s blood vessels are stretched and nerves can be damaged. Depending on the severity, concussions take up to months to recover from. Common practices of the recovery process include staying in dark rooms, testing the brain’s prognosis through mental tests once a week, and rehabilitation.

Contusions are similar to concussions because they can be caused by impacts to the head. However, contusions are bruises on the brain. In serious cases, the contusion may need to be surgically removed.

A last example of head injuries is penetration. This happens when a sharp objects exerts into the head of a person. Penetration is considerably painful because foreign objects, hair, and other fragments enter the head. When an object travels slowly through the skull, it can deflect off different surfaces and broaden the damaged area. In contrast, a “through-and-through” is when an object hastily enters, travels through, and exits the brain. Each of these types of penetration tear and stretch brain tissue, and can result in a traumatic brain injury with serious repercussions.

Head injuries are detrimental because they can cause extreme pain whether instantaneously or over a period of time. It can displace a person from performing every day functions, inhibiting one’s life until recovered. If you have have received an injury to the head at the fault of another, compensation can help provide for medical costs as well as finances for time lost.

Premises Liability 101

By on 1-07-2015 in Injuries

Anyone who owns a piece of property is thereby given the due responsibility of keeping it safe and structurally sound in order to prevent accidents or causing anyone injury. This can be a most difficult endeavor, especially when dealing with older infrastructures that hold a certain level of historical significance. Be the premises old or new, the owner or tenant is just as liable for any accidents that occur or injury that result if their property gives way for harm to happen to someone else. According to the website of the Sampson Law Firm, any property must not pose a threat to the safety of any natural or juridical person who might enter it.

Cases like this can be as easy to process, such as those of the ones caused by sheer slip and fall accidents (usually the result of ill-marked wet floors) but, most times, it isn’t quite as straightforward as all that. There have been cases of premises liability that were due to the inhabitants becoming exposed to dangerous toxins that could be sometimes found in paint laced with lead. Sometimes, the owner or tenant liable cannot be held entirely at fault but the victim of the accident is just as due rightful compensation for damages sustained.

If you have fallen into an accident or sustained an injury at a given premises due to the owner’s negligence of the property, the owner is liable to pay charges for the damage done. This is not always easily done, especially if the owner at hand is a big corporation with insurance firms that are more than happy to let the matter get swept under the rug.

If you are seeking the legal services of a personal injury lawyer that specializes in premises liability claims, you will need to ensure that the experts you hire can fight for your rights and present your case in such a way that your case can go by in as smooth and efficient a way as possible. The only thing you need to worry about is recovering from the accident, once you hire the right kind of legal aid.