content top

Understanding The Common Reasons Why Dogs Bite

Dogs are man’s best friend. They give you companionship and protection. They can be your walking buddy. You can cuddle them and they can be the sweetest pet you can have. However, dogs can also be your worst enemy. When provoked, they can bite you and the result can be devastating. According to Indianapolis personal injury attorneys at the Hankey Law Office, approximately 5 million people are bitten by dogs every year. From that number, 1 in 6 will require medical attention.

There are many reasons why dogs will bite humans. They do so as a reaction to something. For instance, they bite because they feel stressed out or they are defending themselves or their territory. Another reason dogs bite is because they are not feeling well. Aside from that, dogs bite because they feel threatened. These times are not the best times to approach them or else you could find yourself in deep trouble.

The good news is that there are warning signs you need to be aware of before the dog bites. They may be tolerant at one time and then suddenly bites you. These are some warning signs that the dog is about to bite you:

  • The dog gets up and moves away from the child
  • The canine turns his head away from the human
  • The dog looks at you in a pleading manner
  • The “whites” of the dog’s eyes turns in a half moon shape
  • The dog suddenly starts scratching, biting, or kicking himself

Dogs also have the tendency to nip and bite when playing. These activities may make them overly excited which may cause them to nip or bite. It is best to avoid wrestling or playing tug of war with your dog.

Teaching the dog socialization skills is a good way to keep the dog from biting. By doing so, you are helping the dog become at ease in different situations. You can start this while the dog is still a puppy so they become comfortable in different situations when they get older.

Read More

Grounds and Requirements When Filing for Divorce in Austin, Texas

On the issue of divorce, Texas is known as a “fault” divorce state. This means that a spouse petitioning for divorce should be able to cite valid ground (or grounds) upon which the petition for divorce is based (it is necessary that the spouse petitioning the divorce and citing the fault or ground be able to prove the truthfulness of the ground/s that he or she cited). Under basic Texas Divorce Laws, acceptable grounds for divorce include:

  • Irreconcilable differences or irretrievable breakdown of the marriage due to cruelty by one spouse;
  • Adultery;
  • Conviction of felony. A spouse’s petition for divorce may be granted by the court if, during marriage, his/her spouse has been convicted of a felony and has been imprisoned for at least one year in a Federal penitentiary, in the Texas Department of Criminal Justice, or in another State penitentiary and has not been pardoned; however, if the felony conviction was due to the testimony of the petitioning spouse, then the court will not accept the conviction as acceptable ground;
  • Abandonment for at least one year;
  • Both spouses having lived apart for at least three years without cohabitation; and,
  • Confinement in mental hospital. It is stipulated under Texas Code – Family Code – Chapters: 6.001-6.007 that the court has the authority to grant a divorce in favor of one spouse if, at the time the petition is filed, the other spouse has been in confinement in a state mental hospital or in any private mental hospital in Texas or in any other state for at least three years and that the mental disorder is of such a degree and nature that adjustment is unlikely or, if adjustment occurs, a relapse is likely to occur.

Besides these grounds, a spouse petitioning for divorce must also observe the Texas basic Divorce Law requirement on residency. If these requirements are not met, which may only mean that the court (where the petition has been filed) does not have jurisdictional rights to hear the case, then the petition will either be rejected or eventually be dismissed.

Residency requirements stipulate that:

  • Either spouse has been a resident of the state of Texas for at least six months prior to the filing of divorce and must have been a resident of the county, where the Petition was filed, for the prior 90 days;
  • For the court to have personal jurisdiction over a non-resident Respondent, it is necessary that the last marital residence of the couple must have been in Texas and that the petition is filed within two years after this marital residence ceases to be the couple’s marital residence;
  • If one of the spouses has resided in Texas for the past six months, while the other lives (or has moved) in a different state or country, this spouse living outside of Texas may file for divorce in the Texas county in which his/her former partner lives; and,
  • For Texas residents actively serving in the armed forces and are stationed outside of Texas or the U.S., they are still considered residents of
  • Texas and, thus, may file a divorce petition in the county where they reside. In the case of military personnel who have not lived in Texas, but who have been stationed at one or more military installations in Texas for the past six months or more, and at a military installation in a Texas county for the past 90 days, they are considered Texas residents as well as residents of that county – this stipulation serves the purposes of filing for divorce.

After a petition for divorce has been filed with the Texas county’s District Court, the petitioner must send his/her former spouse (the Respondent) legal notice of the petition. The Respondent is given 21 days within which he/she can file an Answer; if no Answer is filed, then the case is default. This would allow the judge to decide on the divorce case even without the Respondent.

Usually, there is a 60-day waiting period (starting on the date the petition was filed) before a judge grants a final divorce decree. The waiting period can be waived, however, if the court discovers: that the Respondent has been found guilty of domestic violence against the Petitioner or against any member of the Petitioner’s household; or, that the Petitioner has an active magistrate’s order or an active protection order for emergency protection against the Respondent due to domestic violence committed during the marriage.

Furthermore, basic Texas Divorce Laws says that former spouses may not marry before the 31st day after the divorce has been decreed, except if they are to marry each other again, or if good cause is shown to the court.

According to divorce lawyers from the Kirker Davis, LLP, law firm, one of the most successful measures of trial advocacy is in an attorney’s ability to settle a divorce case and resolve it amicably between spouses. They also believe that, if necessary, an attorney must be prepared to zealously advocate their client’s position in a courtroom. Based on this, it is obvious that many divorce lawyers, especially in high-profile divorce cases, represent clients, some even employ tactics that will prolong the case, for bigger earnings – at the expense of their clients. This is why it is of utmost importance that you choose you divorce attorney well. Any divorce lawyer can represent you; however, not everyone will you be able to work well with or, maybe even trust.

Read More

Truck Accidents Can Have Deadly Consequences

A car-log truck collision that happened on Georgia State Road 85 in Ellerslie, Georgia on Nov. 5, 2015 resulted in the death of 56-year-old Santa Rosa Beach, Florida resident Sheree Williams. Preliminary investigations showed that she was headed south past the Green Acres Subdivision when her vehcile collided with a log truck that was headed north.

The website of attorneys at Ausband & Dumont say that trucking is a very life-threatening profession, not only for the truckers themselves but also for the motorists these truckers encounter on the road. They estimate that around 600 truckers die every year as a result of truck accidents in the United States, whether these accidents are the result of their own negligence or due to other factors that may have come into play, like road defects, weather disturbances, or the fault of other drivers.

It is important to take note that it is very easy for a truck to become involved in an accident,mainly because of their size, and because of the lack of flexibility that smaller vehicles are afforded. For instance, a truck can go over in a curve even if the truck driver wasn’t going too fast, if the truck’s rear tires manages to hit something – like a curb – the moment that said truck driver is cornering.

A truck can also roll over when the driver took a rut in soft ground or caught a pavement separation. A way to avoid having an accident when you put a wheel off a pavement is to straighten the truck and immediately brake. Stop at that position and then re-start the vehicle again, instead of trying to go back to the road at the rate of speed you were already using to travel; if you do the latter, there is a big chance that the truck will fall on its side.

Read More

Understanding Personal Injury Terms

When another person’s negligent activities have caused an injury, you could suffer injuries and serious effects which could require extensive medical care as well as for you to miss function. Luckily, you may well be able to recoup financial compensation to cover these damages by submitting a personal injury situation against the responsible party. A personal injury lawyer will probably point out that commoners involved with personal injury lawsuits normally doesn’t have any legal background or teaching; so, they may not understand some basic conditions that are necessary to the situation.

Fortunately, by understanding a number of easy conditions and expressions, it is possible to sort out the basics of your case as well as discuss with judges, attorneys, and other authorized experts without a lot of confusion or frustration.

Understanding Personal Injuries Jargon

As a plaintiff, there certainly are several legal conditions you might come across when researching or working during your situation. By developing a base and knowing a couple of these phrases, you can work through your case with much less opposition. Some important legal terms you should understand are the following:

  • Statute of limitations – A judicial doctrine that restricts the quantity of time you have to file your personal injury situation. You cannot take action at law or pursue fiscal damages once the time limit ends.
  • Compensatory damages – Monetary damages meant to compensate you for any expense you’ve had due to the injury. Contains lost wages, medical bills, and other damages.
  • Punitive damages – Added damages awarded to litigants that are supposed to further punish the defendant for grossly negligent conduct
  • Res judicata – Legal principle that prevents a plaintiff from filing another lawsuit against the exact same defendant for the exact same injuries
Read More

Asbestos Is Not Completely Banned in the US

No one can ever deny the fiber strength of asbestos, a mineral that is also resistant to heat, electricity, fire and most chemicals. This extremely useful, abundant, and cheap substance earned for itself the title “miracle mineral” and became a perfect fire retardant component in the production of hundreds of different things, like boilers, furnace ducts, steam pipes, soundproofing or decorative materials, heat-resistant coatings and fabrics, building materials, like paper products, ceiling and floor tiles, roofing shingles, asbestos cement products, stove-top pads, fireproof gloves, ironing board covers, some hairdryers, brake pads, clutches, gaskets, and transmission parts for motor vehicles. The largest amount of asbestos may have probably been used during World War II, when more than four million US Navy, Marine Corps, Coast Guard personnel, and shipyard workers were exposed to thousands of tons of asbestos as they built battleships.

Asbestos contains sharp, tiny fibers which, when inhaled or ingested, can be embedded in the lungs. These fibers damage the lungs through scarring, resulting to severe effects, which include:

  • Asbestosis – though non-cancerous, this lungs illness, which causes the lungs to deteriorate and make breathing difficult, can lead to fatal results
  • Mesothelioma – a rare type of cancer that affects the mesothelium cells (the protective linings that cover many of the body’s internal organs). The pleura, or the outer lining of the internal chest wall and the lungs, is the most common site damaged by asbestos; other specific areas asbestos can damage are the pericardium (or the sac surrounding the heart), the peritoneum (which lines the abdominal cavity), and the tunica vaginalis (the sac around the testis).

The threat presented by mesothelioma is not only in the fact that it is an irreversible, deadly type of cancer, but also its very long latency period (usually 20 – 40 years), thus majority of those diagnosed with it are already in their senior years, while the illness would be at an advanced stage wherein cure is no longer possible.

To make matters worse, not only workers, who get exposed to asbestos due to their job, are in danger of developing mesothelioma; their family members, who come in contact with the mineral that gets attached to their clothes, hair and hands, can develop the deadly cancer too.

Many lives have been lost due to mesothelioma and many more are expected to develop it because, despite its cause, asbestos, already having been banned in many countries, this mineral continues to be used in the US. According to the website of Williams Kherkher Law, if an employer knowingly exposes you to asbestos, you may be able to hold the company accountable for the danger to your health.

Read More

The Times Beach Incident

Times Beach no longer exists as a town. Until the 1980s, it was a small beach town in Missouri that had a rough history. In 1972, the town hired Russell Bliss to oil their roads before paving them since most of the town was still using dirt roads. The new technique for this included spraying waste oil on the roads. The oil was a combination of Agent Orange, waste clay, and water that was removed from a chemical company in another part of Missouri. Over several years, dioxin was continuously sprayed throughout the city, seeping into the land and water supply of the area.

The U.S. Environmental Protection Agency became aware of the situation soon after and began taking samples of the area to measure levels of dioxin. The levels were 100 times higher than previously considered safe. In December 1982, a flood hit the town and spread the dioxin to previously unaffected parts of the town. The EPA ordered the evacuation of the all residents immediately, removing families from their homes without their belongings.

Over the course of the following decades, over 265,000 pounds of contaminated soil was removed from the area and incinerated. Dioxin is known to cause cancer, skin diseases, birth defects, and immune system disorders. The long-term effects of the residents is still unknown.

Times Beach is now known as Route 66 State Park after decades of cleaning the Dioxin from the land and water. While this may seem like a small success story of how the Superfund Act helps restore the environment, other cities in the U.S. are not so lucky. Due to toxic Monsanto PCBs, the residents of Anniston, Alabama are still struggling with dilapidating diseases such as diabetes and cancer. The manufacturers of chemicals like dioxins and PCBs should be held accountable for the long term effects of illegally dumping dangerous chemicals.

Read More

Pancreatitis with Atypical Antipsychotic Drug Risperdal

A 2002 study found that atypical antipsychotics appear to be associated more with pancreatitis than conventional antipsychotics. Many of the patients on atypical antipsychotics developed the symptoms of pancreatitis within 6 months of taking the medication. This conforms to the findings of a larger 2003 study where more than half (54%) of patients taking Risperdal (risperidone) developed pancreatitis.

The pancreas is a large gland that produces digestive enzymes and releases insulin and glucagon. When the pancreas becomes inflamed, this is pancreatitis. The symptoms include sudden and intense pain in the upper abdomen that may resolve within a few days, or it may become worse. Chronic pancreatitis, on the other hand, is milder but if left untreated can cause irreversible damage to the pancreas.

Other symptoms include vomiting, fever, nausea, and increased heart rate. With severe pancreatitis, the patient may suffer from low blood pressure and dehydration. Eventually, the kidneys, lungs, or heart may fail. Risperdal side effects attorneys state that when the pancreas starts bleeding, the patient may go into shock and die.

There are many reasons why the pancreas becomes inflamed. High alcohol consumption and gallstones are the usual culprits. In antipsychotic drug-induced pancreatitis, it is suggested that Risperdal may disrupt the production of digestive enzymes, causing some of them to remain in the pancreas. This can lead to the enzymes acting on the pancreas itself, leading to some damage and inflammation. It is also suggested that high blood sugar levels (hyperglycemia) associated with Risperdal intake may contribute in causing pancreatitis. In either case, many patients taking Risperdal report that they have had episodes of acute pancreatitis.

If you sustained serious injury from acute pancreatitis while taking Risperdal, it is not something that you can just shrug off. The drug company should have warned you about the risks of pancreatitis. Consult with experienced Risperdal side effects attorneys in your area for more information about your legal options.

Read More

A Handy Resource for Mineral Rights Sales

The internet is a wonderful thing, isn’t it? Almost everything you need to know is probably accessible within a few minutes of making a search. However, you should know by now that not everything you find on the Internet is going to be accurate or reliable, or even legitimate.

The internet is a great way for people to connect, and it is an awesome way to market your products and services. Anyone can put up a website and look very professional, and that is what a lot of legitimate companies do. But then again, scammers can do the same thing.

Some sites on the web will give misleading information about mineral rights sales because they want to get something out of it. It could be an offer to buy your mineral rights at low prices, to convince you to hire them to oversee your sale, or simply to get your personal information for illegal purposes. They could also be the front for a developer who wants to get cheap mineral rights in prime areas.

It is important when looking for a handy resource for mineral rights sales that you go to authority sites. These are usually government websites or legal websites that will tell give you objective information on what’s what with mineral rights. They will give you everything you need to know before committing to anything. In that way, when you do sell your mineral rights, you know what you are getting into.

It is also important that when selling your mineral rights that you get the best deal you can get. In most instances, an auction site would be your best bet. Legitimate auction websites are where buyers congregate, so you get exposure for your property to direct buyers and not speculators. You do not have to accept the bids if you don’t want to, so you still retain control of the sale. Make sure that you do your research on the mineral rights auction sites you are considering, though. You can check on reviews and ratings easily using the Internet.

Read More

While Justice Favors the Unfortunate: Disfigurement and Workers Compensation

Fortune favors the beautiful – or so the line goes. But you know the fairytales as there have been so many where there are people who are made to suffer due to a disfigurement that they never asked for. There’s Quasimodo, the Beast, or even Anakin Skywalker – these tales as old as time tell the story of fictional people whose lives are altered and dictated due to a disfigurement. These instances, however, are not exclusive with bedtime stories – sometimes even the nightmares come true.

There are some jobs that could, unfortunately, render you disfigured. Most of the time, these circumstances are due to the fact that someone messed up – someone was negligent or careless, and it cost you (an innocent, by all intents and purposes) so dearly. If such a thing were to happen to you, however, you are entitled to claim a legal brand of justice.

Disfigurement is a very specific subset of workers compensation which falls under personal injury claims, according to the website of Hankey Law Office P.C. For you to be eligible for disfigurement, the scar or mutilation must be wholly evident and made unable to be concealed by clothes. As an example, a cut on your abdomen that can easily be concealed by wearing a shirt is not considered as disfigurement. Receiving burns on your face or an injury that creates a limp with your gait, however, can mean that you are eligible to receive disfigurement benefits from your employer.

Deformities that are a result of workplace accidents can be a traumatic experience to live with as it can be the origin of mental and emotional instability. After all, people are naturally attuned to judge from a visual perspective for a first impression therefore concluding that an extreme physical alteration that disfigures you can limit your social interactions and even markedly hurt your self-esteem.

It can be a lot to take in and deal with, which is why it is highly recommended for anyone who finds him or herself in a situation like this to seek the help of a workers compensation lawyer immediately. It is also important to seek help from a personal lawyer in your specific state.

Read More

Question of Jurisdiction during a Shore Excursion Accident

The recent decade is witness to the great boom in the growth and development of the cruising industry, specifically in facilities improvement, ship designs that would accommodate larger number of passengers, and increase in the number of local ports, new exciting destinations and on-board and/or on-shore activities that cater to passenger demands. Since 2011 more than 10 million cruise bookings have been recorded every year in the US alone, while worldwide, the number goes beyond 20 million.

Most bookings are made by passengers six to eight months before the scheduled sail, to avail of the many perks and discounts offered by cruise lines. And, just as cruise lines advertise, there really is no other week-long vacation that is cheaper, more relaxing or more fun and exciting than one that is spent on a cruise ship.

Today’s cruise ships can be considered as floating cities, with modern liners able to house up to 3,000 passengers and the newer, bigger ones having a passenger capacity of up to 6,000. And, even on board, one cannot be denied the fun and excitement of playing basketball, golf, ping pong, pool or billiard, watching a movie, spending time in a bar or night club, spending money in tax and duty free shops, having his/her done in a hair and beauty salon, accessing online sites, having a great time in a gym, or in an indoor and/or outdoor swimming pool (that comes designed with water slides), and enjoying excursions and shore activities, like jet skiing, parasailing, scuba diving, visits to islands, shopping and dining on land, and archaeological explorations.

Shore excursions and other land activities have actually been very good sources of additional income for cruise ship owners, so that more and more of these get to be introduced (at least one) in each port of call. But as owners’ income increases, so too do the number of accidents involving passengers.

One vital question (in the event of a shore excursion accident) is with regard to jurisdiction. If an injury were sustained on board the ship, no matter in which territory the ship may be, a lawsuit will always have to be filed in court stated in the ticket-contract’s forum selection clause (many cruise ships name the US District Court for the Southern District of Florida). This whole process may be different if the accident was during a shore excursion, though.

Due to the complexity or the maritime law being represented by highly competent lawyers would be an absolute necessity. According to the website of The Vucci Law Group, P.A., the extensive knowledge and experiences of lawyers are factors that will be vital in a lawsuit wherein a cruise line is involved; but injured passengers need to understand that they do not the luxury of time due to the statutory limit (or the allotted time within which the lawsuit may be filed). Thus it is important that they contact the legal professionals of the Vucci Law Group immediately.

Read More
content top