nav-left cat-right
cat-right

ATV Accidents 101

There has been a lot of attention, rightfully so, on car accident prevention and other motor vehicle safety measures taken by private organizations and private citizens. Governments have certainly done their part, too, as seen in advertising campaigns encouraging the use of seat belts or threatening punishment for drunk driving. However, one vehicle that is largely ignored by media campaigns to encourage safety or in-laws and regulations designed to curb dangerous driving is the ATV.

All-terrain vehicles, commonly known as ATVs, four-wheelers, and other names, have a history tied to military vehicles and were designed to handle — as evident from their name — multiple terrain types. ATVs can drive on snow, mud, and every type of road. But while they can drive adequately on different types of paths and roads, ATVs are not exactly a safety-oriented person’s idea of a dream car. They come with complex and often unpreventable safety risks.

In this article, I will describe some of those issues as well as discuss what happens when a person gets into an ATV accident:

Risks of ATV Accidents

All-terrain vehicles are primarily dangerous because they offer very few protection mechanisms in the case of an accident or crash. Most ATVs do not have roll cages or any way to cover someone’s head (or, broadly speaking, their body) if an accident were to take place.

All-terrain vehicles are incredibly popular with older children or drivers otherwise not experienced in high-speed and tense driving. Though many states have minimum age requirements, the nature of the all-terrain vehicles make it that they are often driven in places with little police oversight or regulatory interference; nobody is around to make sure reckless children are not cruising around on ATVs.

And all-terrain vehicles can reach intense speeds, so the fact that this vehicle popular with younger kids offers few protections is risky! If these vehicles were slower or safer, then they might be a fun outlet for kids to learn how to drive. But they are instead just incredibly risky.

The final reason ATVs are so dangerous or risky is that they are often ridden on dangerous terrain. Despite adequately handling snowy roads or muddy slopes, it still stands to reason that all-terrain vehicles encourage driving in areas that a person would not normally with a car or a bicycle. This encouragement of risky driving is another reason to proceed with caution around people driving ATVs or to be careful if you are planning to drive on one.

ATV Accidents

Never drive an all-terrain vehicle while under the influence of mind-altering substances. Doing so is illegal but also risky. Doing so will likely end in an accident. But what do you do if you get into an ATV accident? The lawyers at the Jurewitz Law Group suggest that if you get into an ATV accident, it is best to talk with legal representation or attorneys before making claims with insurance companies. Essentially, insurance companies are likely to prioritize profits over giving you the benefits that you have paid for.

If you do not have ATV insurance, as it is not common, it is even more crucial you speak with a lawyer.

Composite Fillings and Confidence

A cracked tooth or cavity can transform what could be a bright smile into a noticeable imperfection. Thankfully, dental technology has become so advanced that there is now a simple solution to these imperfections: composite fillings.

Because of my interest in dental hygiene, I decided to do a little research into composite fillings. During my investigation, the most helpful article I came across was authored by Dental Expressions. The article explained the science, procedure, and advantages and disadvantages of composite fillings.

According to the article, composite fillings are natural-looking fillings that are made up of tooth-colored resin. As composite filling technology further advances, amalgam fillings are being pushed out the door. Amalgam fillings are a type of filling that have been used to fill cavities for over 150 years. The drawback of amalgam is that this type of filling consists of a mixture of metals, and because of this, it is silver in color. In contrast, composite fillings are tooth colored, rather than the noticeable silver color.

In fact, the tooth-colored composite filling can be made to match anyone’s unique tooth color. Moreover, composite fillings are becoming stronger as the technology advances, which means you can get composite fillings virtually anywhere on your teeth. Unfortunately, because composite fillings are made of this unique resin material, they often cost more than amalgam fillings.

As stated, a composite filling is used to fill up holes or cracks in the teeth. Not only does a composite filling enhance the smile, but it also fills up potentially vulnerable areas that could have led to further tooth decay or damage.

At the most basic level, composite fillings are tooth-colored plastic-like substances that fill holes, cracks, and other problems with teeth. Because their color blends in with the tooth, dental composites are a more aesthetically pleasing way to protect your teeth from further damage.

According to one Forbes article, self-confidence is the key to reaching our full potential. “Without it, you can do little. With it, you can do anything!” Confidence is something that can be attained based on our actions and beliefs. Gaining self-confidence is a personal goal that everyone should achieve. A good smile can do a lot to enhance our self-esteem. A bright, white smile can serve as the centerpiece of a powerful, strong body image. Additionally, if you know you have a good smile, you will not be afraid to show it off. To be quite honest, who doesn’t love seeing and having a good smile?

If you are someone with a crack or hole of some sort in the front of your teeth, you should consider dental composites. With these, you will get that charming, bright, confident smile you have been working so hard to obtain. All the brushing in the world cannot fix that crack in the front. Composites are the way to go.

Port St. Lucie: After Irma

While Hurricane Irma hit the state of Florida extremely hard, some of the counties fared better than others. Fortunately for many people (including some of my close family members) in Port St. Lucie, the county did not suffer as much damage as other places in the state. Some power lines were down for a while, but overall the storm did not cause as much damage as people had feared. It was still wise for people to evacuate prior to Irma, but most who did leave Port St. Lucie were fortunate to return to find their homes still intact.

According to most reports, including St. Lucie County received about 20 inches of rain, and the beaches at Fort Pierce saw two to three feet of erosion, but the damage was fortunately no more severe than that. An estimated eighty-percent of the county, or 110,000 people, were without power for several days after the storm. Because of the outages, most government buildings and schools were closed for several days after Irma, and some businesses like Port St. Lucie law firms, banks, and other businesses had to close for a few days as well.

For those who stayed during the hurricane, the winds and rain were quite severe. Many people reported that they had never seen anything like it, and in a state where hurricanes are common, that was a surprising thing to hear. Gusts in St. Lucie were measured at 100 miles-per-hour, so it must have been a scary event to live through!

Local officials urged people to stay indoors and not go outside in the immediate aftermath of the storm, so those who stayed had to rely on the food and water that they had stockpiled after the storm. While some people reported that they were happy they stayed in their homes, others were relieved to get the evacuation order in time to leave the city and find a calmer, safer place to stay during the storm.

My family is hoping that the city can quickly rebuild and return to normal following Hurricane Irma, and we will see how long it takes them to get on their feet. For anyone who hasn’t visited the area, St. Lucie County is an amazing place to vacation, and I highly recommend visiting once the tourism industry is revived. If there’s one thing we’ve learned about people in the U.S. (and Florida, especially, in my opinion), is that they are able to bounce back after a disaster like Hurricane Irma, and they will be stronger than they were before the storm.

 

Modification in a Divorce Decree

An article posted in a website with the address, hhzfamilylaw.com, states that when going through a divorce, the two parties involved must agree upon all the issues that come along with divorce, which can include alimony, division of properties and assets, and child support and custody. These agreements are drafted into a final divorce decree to be legally approved and enforced by a judge. Often, after divorce agreements are settled, and the final divorce decree has been acknowledged in the lives of both parties, circumstances change. Sometimes, they change to the point that the original agreements are no longer applicable. When this is the case, modifications need to be made.

Factors such as change in career, location, schedules, or income can lead to a need for modifications. These changes can affect a variety of areas within a divorce agreement. The four primary areas where a divorce order can be changed are child custody, visitation, child support, and spousal maintenance.

With regard to child custody, sometimes, a court decision does not bring about the projected outcome as some parents, either the one who has custody or the one with visitation rights, fail to live up to the court’s expectations, becoming neglectful in their obligations either in the proper performance of their function or in recognizing and respecting the other parent’s rights and personhood.

These failures are legally termed as visitation or custody interferences, and they also call for a modification in the court’s original decision. The following acts are considered forms of custody interference:

  • Denying the non-custodial parent to enjoy his or her visitation rights by creating situations that will alienate the child from him or her.
  • Severing a child’s affections for the non-custodial parent through ill-talks, false accusations and/or negative comments ;
  • Consciously and systematically brainwashing the children to turn them against the non-custodial parent. This negative attitude is known as Parental Alienation Syndrome (PAS); and,
  • Ignoring a divorce decree stipulation, which says that a custodial parent should inform the non-custodial parent about his or her plans of moving to another city or state, or any plan of a change of residence. Many custodial parents actually relocate to a distant location secretly in order to keep the children away from the non-custodial parent and so have the children fully to himself or herself.

In addition to those mentioned above, other reasons that also warrant modifications to a child custody arrangement include:

  • The custodial parent becoming unfit due to addiction or dependence to alcohol or illegal drug, or other legal problems;
  • Remarriage of the custodial parent;
  • The custodial parent passing away or developing a health problem that can restrict his or her duty in caring for the child; and,
  • The child, upon reaching the age of 12, requests for a change in living arrangements. The only reason why a court may deny this request is if it sees that a change will not be in best interest of the child.

 

 

The Dangers of Spinal Cord Injuries

The Dangers of Spinal Cord Injuries

The spinal cord has a vital role in the motor and sensory functions of the limbs, and damaging it can give patients motor and sensory problems, or in other words, paralysis. This is a life-changing condition, as having movement and sensation issues in the limbs greatly limit the physical capability of victims. It may affect education, employment, recreation, and even relationship opportunities, all of which are important for a person to maximize the enjoyment of life.

According to the website of Mazin & Associates, PC, those who have sustained spinal cord injuries may get compensation from the responsible party. If you think about it, this is justifiable, considering the significant damage a spinal cord injury may inflict on the victim’s life.

Severity of Injury

It is important to note that there are different severity levels of spinal cord injuries. The higher the location of the injury in the spinal cord, the more severe it is. Therefore, the most severe spinal cord injuries involve the top most part of the spinal cord.

Injury in the upper section may result into quadriplegia, or the paralysis of all four limbs. Injury in the middle or lower section may result into paraplegia, or the paralysis of the lower limbs. The injury may be serious enough for patients to need assistance in doing day to day activities, but there are also cases where the injury can be counterbalanced by supports, like wheelchairs and braces.

Common Accidents Leading to Spinal Cord Damage

Spinal cord injuries are often linked to traumatic accidents, such as traffic collisions, falls, sports and other recreational activities, and violence. For traffic collisions, the back and spinal area may be caught relaxed, making them sustain damage from the sudden jolt of the impact. For falls, the back and spinal area may receive substantial damage upon landing, especially if the falling accident has occurred in an elevated area.

Sports that are too physical, like basketball, and recreational activities that may involve the back, like diving, may also result into spinal cord injury because of contact to other players and falls to hard surfaces. Acts of violence in the back, like hitting a person with a baseball bat, may also have enough force to damage the spinal cord.

Kinds of Pre-employment Testing

Pre-employment testing is a preliminary examination to determine whether an applicant is capable of doing the tasks associated with the job he is applying for. By using different kinds of pre-employment testing, employers will have a better understanding of their applicants, not just in terms of skills required for the position, but also in terms of physical and mental capabilities that may directly or indirectly affect the job.

By knowing their applicants more extensively, employers will have more informed hiring decisions, to ensure that the workforce will have minimal issues in health, performance, and overall productivity.

Skills Test

This kind of test measures the applicant’s knowledge of the job he is applying for. It measures the applicant’s competence level in the skills required for the position. This test is often objective, meaning that there is a right and wrong answer. A skill test is often in written format.

There are other formats of this test. It can be spoken, meaning that it can take the form of interviews and oral question-and-answers. It can also be a simulation of the workplace, to assess what you can actually do when you are already on the job.

General Test

If skills test focuses on the applicant’s attributes that directly affect the position he is applying for, the general test focuses on attributes that are indirectly related, but still important factors to be successful in the job.

These include cognitive abilities such as problem solving skills, and other educational abilities like comprehension, logic and reasoning, and math. They may look totally unrelated to the job, but general intelligence has always been a good measurement system for overall competence.

Personality Test

An applicant may be very knowledgeable of the job and may be very competent overall, but he may still be subject to mediocrity because of attitude. Personality tests are there to determine whether an applicant’s personality is suited for the job.

For example, punctuality, willingness to learn, and reliability are very good traits for entry-level positions. Being assertive, confident, and outgoing makes sales employees very effective and valuable.

If a personality test is able to determine what kind of person the applicant is, it can help in molding the applicant into someone who can effectively excel in the job position by having slight changes in personality and outlook.

Pre-employment testing is not just about your employee being picky. It is also about you, and how you can maximize your skills, general competence, and personality. So in the end, it is for the benefit of both employee and employer.

The Hospital as Defendant in a Tort Case

Liability in a tort case can result to a person being held responsible for the actions committed or not performed by another. This is known as vicarious liability and, when applied in a workplace setting, it would refer to an employer being held accountable for the act or failure to act of his/her employee, provided that the act or failure to act can be proven to have occurred during the course of (the employee’s) employment.

Vicarious liability is often used in medical malpractice lawsuits, especially if the basis of the lawsuit is hospital negligence. This move is often resorted to by legal experts knowing that the medical personnel, who committed the injurious mistake, will not be able to afford the necessary amount of compensation to the victim; an amount, however, which the hospital’s insurance carrier can surely pay. Thus, instead of naming the person, who committed the error or failed to perform the correct procedure, as defendant, the defendant becomes the hospital. Besides the purpose of seeking compensation, naming the hospital as defendant is also intended to raise a message to the hospital owner/s and managers: ensure that quality care is provided at all times to prevent other patients from suffering any type of injury due to mistakes.

In 1999, a report, called “To Err Is Human,” was published by the Institute of Medicine (a nonprofit organization). The report claimed that every year during the 1990s, preventable medical errors caused the death of 98,000 people. Modern medical devices and the advancement of knowledge in the medical field was considered as solutions to fatal medical mistakes; however, instead of having the number of deaths reduced, the number of fatalities almost doubled. In 2010, the Office of Inspector General for Health and Human Services stated that 180,000 patients in Medicare alone die every year due to bad hospital care.

The Hankey Law Office clearly points out that medical professionals have a significant responsibility to the persons under their care, and when they fail in this duty then the consequences can be disastrous. Besides the fact that injurious mistakes committed by professionals must not go unpunished, so is the fact that the injured should never be denied of compensation. It would benefit injured patients to file a legal action through the help of a highly-competent medical malpractice lawyer.

When is it time for assisted living?

Although there is no concrete definition of assisted living for the elderly, it entails the long-term care plan for an incapable individual inside a facility (housing), which commonly includes health care, monitoring of activities to ensure safety, assistance on daily tasks, and many other more. Assisted living is not to be confused with nursing homes, which usually specialize in a particular medical help that is needed by a patient. For an elder, it is usually an alternative to living the remainder of the life in discomfort and pain. According to the National Center for Assisted Living, the average age of an assisted living resident is 85 years old.

Deciding when to send an elderly to assisted living depends on the situation of the elder’s family. The natural cycle of life may easily mean that the sons and daughters of the elders would set off to live their own lives, and this leaves the elder to care for themselves. Before sending off an elderly to an assisted living facility, be sure to review the signs that it is the right step to take.

Dementia and its complications are usually what push families to place their elderly in assisted homes. This would lessen the worry that the elder might disappear and not remember their residence. According to aplaceformom.com, sundowning (extremely agitated behavior) and aggression are also valid reasons. If the elder’s health demands more delicate care, it may also be time to put them in assisted homes.

Ultimately, though, the decision depends on the family of the elder. It is always fitting to examine your own living situation and assess whether it remains a good and healthy environment for your elderly. If the answer is no, it is definitely beneficial to both you and your elder to look into entering assisted living facilities.