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Civil suit strikes West Sacramento

Posted by on Aug 29, 2017 in Personal Injury | 0 comments

Kentaro Inoue, a professor at The University of California, Davis, met a cruel death last summer after he was dragged 45 feet by a Waste Management garbage truck. Inoue’s lawyer is now filing a wrongful death lawsuit against Waste Management for damages related to the incident. An article in The West Sacramento News Ledger highlighted the details of Inoue’s gruesome experience.

The professor, a 48-year-old man, was commuting to UC Davis on his bicycle from his home in Sacramento on August 31st, 2016. As reported by the West Sacramento police, Inoue was wearing a helmet and riding in a bike lane as he headed westbound on West Capitol Avenue. Craig Michael Tivey, a driver for Waste Management, was driving a large trash truck in the same area. At the time of the accident, Tivey was at a stop on Poplar Avenue waiting to turn right on red a light. Inoue rode through the intersection and in front of Tivey’s truck just before Tivey turned right onto West Capitol Avenue. At this point, Inoue was in the bike lane directly to the right of the truck and Tivey sped up to pass the bicyclist.

Upon arriving at the El Rancho Mobile Park in West Sacramento, Tivey took a sudden right turn and caused a collision. Inoue crashed into the truck on the right side when the garbage truck abruptly passed in front of his path. After the incident, Tivey told the police “he had heard and felt something” at the time of the accident. However, he assumed he was experiencing engine problems because his truck was in need of repair. A janitor tried to get Tivey’s attention so he would stop his vehicle, but it was too late. Tivey killed Inoue by dragging him 45 feet into the driveway of the mobile park.

Agnew & Brusavich is representing Amy Brown, Inoue’s wife, in a lawsuit against Tivey and Waste Management. They claim Tivey was negligent for mistaking the accident for engine issues. Tivey is also facing vehicular manslaughter charges brought by the Yolo County District Attorney’s Office. He says his truck’s mechanical problems caused his failure to recognize that he hit Inoue. According to Bruce Brusavich, “Waste Management was grossly negligent in the maintenance of its truck, and it cost Kentaro his life. Tivey had written up engine problems, but if they had been promptly resolved, Kentaro might be alive today.” Tivey will face a separate criminal jury trial on September 25, 2017.

The attorneys at Amerio Law Firm hope this lawsuit will hold Waste Management accountable for their gross negligence. When reckless drivers cause accidents, they should be held responsible for the damages they cause. Losing a loved one is a painful experience that is made worse when their death was preventable. We hope this Sacramento personal injury lawsuit offers community awareness and helps to prevent future risk of serious injury or death caused by negligent drivers.

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Breast Surgery

Posted by on Aug 14, 2017 in Uncategorized | 0 comments

Breasts come in all kinds of different shapes and sizes, but no matter what the shape or size, they can create problems. People can find their breasts too big, too small, too low, too different from each other, or just not the shape they desire. Changing the source of an insecurity leads to a happier and healthier life, so cosmetic breast surgeons have spent years perfecting techniques to improve their skills to give people the confidence that comes with the removal of their source of insecurity. These surgeons, such as the cosmetic breast surgeons with Bergman & Folkers Plastic Surgery, can perform:

  • Breast implant removals
  • Breast augmentations
  • Breast reconstructions
  • Breast reductions
  • Breast lifts
  • Breast lift and implant combination
  • Breast implant exchange

Large breasts are not always the goal, they can also be the problem. Large breasts can create back problems from the burden of their weight on a person, severely affect posture, and pose a significant financial burden from the cost of buying specially made brassieres and tailoring clothing to fit over the breasts. A breast reduction can improve all these problems large breasts impose.

Besides augmentations and reductions, the surgeons can also perform reconstructions, which can help recreate the shape and size of a breast after a mastectomy performed on a cancer survivor. One of the most common treatments for breast cancer is a mastectomy, a procedure in which doctors remove the breast. Breast reconstruction is now at the stage in which cosmetic breast surgeons can closely recreate the exact size and shape of the survivor’s breast.

Breast cosmetic surgery can vastly improve a person’s outlook on life by giving them the confidence they deserve, whether it be by reducing breast size to take a weight off their shoulders or by recreating what an illness took away from them.

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Factors That May Influence Child Custody Decisions

Posted by on Jun 15, 2017 in Child Custody, Divorce | 0 comments

Divorce is a legal nightmare. You have to navigate through laws concerning alimony, division of assets, and division of liabilities. But it gets worse if there are children involved, because you have additional laws to navigate through, such as those relating to child custody and child support.

A child custody lawsuit is always the most emotional in the family court. This is because either parent wants to get custody. Whether the child goes to the mother or father, it doesn’t change the fact that there will be major changes in their lives.

But how is child custody decided? There are certain factors that need to be considered.

Earning Capacity

There may be a lot of factors that may influence child custody, but they boil down on the same core idea – it is for the best interest of the child. To determine best interest, each parent’s ability to provide for the child is considered, and this generally means each parent’s financial stability to give the child food, shelter, education, healthcare, and security.

Medical Condition

The physical and mental conditioning of each parent is also considered, because these things can negatively affect the child. Those with physical and mental conditions, such as illnesses and anger management issues, may have a harder time fulfilling parental obligations and may even hurt the child in the long run, so they are less likely to get custody.

Relationship with Child

It is not always about money and health. Sometimes, it is about who is closer to the child and who is doing more for the child, such as on the following domestic aspects:

  • Bonding with the child, like participating in recreational activities
  • Handling the hygiene needs of the child, like giving him a bath and changing his diaper
  • Handling the medical needs of the child, like taking him to the dentist and doctor
  • Handling the nutritional needs of the child, like preparing him meals and packing him lunches for school

Child’s Choice

A child, especially one that is already rational enough, may have a voice regarding custody. However, his choice does not top the other entries in this list, because the best interest of the child is still the absolute criteria for child custody. But in the right conditions, the child’s choice is definitely considered in the decision process in child custody.

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Uninsured/Underinsured Motorist Coverage can be a Financial Safety Net in Accidents Caused by Uninsured/Under-insured Drivers

Posted by on Mar 1, 2017 in Car Accidents | 0 comments

Drivers and car owners are required to show proof that they have auto liability insurance whenever they register their car and renew their driver’s license; besides these, carrying auto insurance will also save them from having their license and driving privileges suspended, and from being issued a traffic ticket for violation of the insurance law which exists in all U.S. state. However, if they get involved in a car accident which is the fault of another driver who happens to be uninsured, then they end up facing financial problems because the auto insurance coverage that they carry is not for their own sake (unless they reside in a “no-fault” state), but for the sake of the person/s they hurt in an accident.

The results of car accidents often include medical treatment and hospitalization, lost wages due to absence from work, and pain and suffering. To cover these cost and losses, a victim is legally allowed to claim compensation from the at-fault driver (this compensation is supposed to be paid by the at-fault driver’s insurance provider). However, if the liable driver is uninsured, then the victim has no other choice but to file a civil lawsuit against him/her for the purpose of seeking compensation (unless the at-fault driver makes an out-of-court settlement). Meanwhile, as the court case or settlement progresses, payment for all expenses resulting from the accident will have to come from the victim’s own pocket first.

With more than 29 million drivers who freely drive on US roads and highways without carrying insurance, however, filing a civil lawsuit against at-fault drivers is a common incidence. So many drivers who comply with the insurance law are being made to suffer more because of other’s non-compliance with this same law. However, instead of solving the issue by punishing only the guilty and making them pay for the damages they have caused, aside from making sure that they purchase insurance coverage, the solution is passed back to law abiding citizens – by requiring them to get additional insurance coverage, namely, the Uninsured Motorist (UM) coverage and Underinsured Motorist (UIM) coverage.

Uninsured motorist coverage is designed to pay for all economic losses and damages suffered by victims of accidents that are blamable on uninsured drivers; this coverage can serves as a financial safety net in accidents involving stolen vehicles or hit-and-run accidents. Underinsured motorist coverage, on the other hand, is designed to supplement any insufficiency in the policy limit of the driver at fault. A policy may be insufficient to cover all damages if it amounts only to the minimum liability coverage required by a state.

The law firm Mazin & Associates, PC, says that a car accident can most likely result to a grave injury, permanent disability or death for drivers and their passengers, bystanders, motorcyclists, and cyclists. Often, however, despite the obvious harm suffered by victims, at-fault drivers and even auto insurance firms finds ways that will save them from paying victims the amount they are legally allowed to claim. Battling against at-fault drivers and auto insurance firms is the last thing injured victims should be concerned with. It would be wise for victims to let seasoned personal injury lawyers handle this legal battle for them.

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Making sense of child support: What is it? Under what circumstances/why does someone pay it? Common misconceptions?

Posted by on Jun 29, 2016 in Divorce | 0 comments

Once child custody has been arranged, the judge may determine whether or not one of the parents needs to provide financial support to the primary custodial parent. According to the website of Houston law firm Holmes, Diggs & Sadler, child support is a fixed figure determined by the courts that one party must pay to the other on a set schedule (usually monthly). Child support agreements are legally binding, and repeated failure on the part of the provider to pay on time is a felony.

Child support depends on a variety of factors, namely the income and benefits of the primary custodial parent and his or her demonstrated financial need. When the court decides the cost of supporting a child, they can then determine the financial fitness of each parent to pay their share of the cost. Essentially, if one parent is lacking, the other will pick up the slack.

There are many common misconceptions of child support and the reality of how it is paid, used, and nullified. Here are some of the hard facts:

Custody arrangements don’t play a large part in determining child support. No matter how long or how often a parent sees their child(ren), he or she is still responsible for half of the cost of raising said child.
The child support provider has no legal right to know how their money is used. Child support can be used on things directly related to the child–such as food, clothing, and haircuts–or expenses for the child(ren)’s home–such as rent, utilities, insurance, etc.

Because outstanding child support payments are considered a debt, they can affect credit score ratings. Child support, even more so than credit card debt, must be paid in full at the frequency determined by the court. Besides being a criminal offence, missing child support payments also affects how reliable a parent can appear to financial institution.

However, this particular debt cannot be escaped by filing bankruptcy. Unlike other forms of debt, child support debts cannot be swept under the rug by filing for bankruptcy. Child support is considered a priority debt by the court and, in accordance with Chapter 7 bankruptcy, cannot be eliminated.

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PPO vs. HMO: What to choose in the workplace

Posted by on Feb 15, 2016 in PPO vs. HMO | 0 comments

Since before, the old adage health is wealth has been the mantra of many workplaces across the U.S. For them, a healthy workplace means a healthy business, and taking care of their employees’ health means taking care of their bottom line. Today, there are many options that employers and employees may choose in order to secure their precious health. Among them are HMOs (Health Maintenance Organizations) and PPOs (Preferred Provider Organizations).

PPOs and HMOs are both managed care plans, which means the organization contracts medical professionals and health facilities to cover for their policy holders at a much lower cost. The first thing to know in choosing the best PPO or HMO is to check first its credibility. In some cases, PPOs and HMOs deprive doctors and other medical service providers of the pay they are entitled. According to Texas Prompt Pay Act, this practice is considered illegal, and doctors and health care providers have the right to take legal action to seek compensation.

Health Maintenance Organizations

When you are enrolled in a HMO, you will be assigned a primary care physician (PCP) who will manage and coordinate all your health needs. Whenever you need to consult with a specialist or undergo certain treatments, the approval of your PCP is needed first. Also, you will less likely be covered if you will render services outside your network. However, unlike PPOs, HMOs usually have lower monthly premiums. You can also expect cheaper out-of-pocket costs in HMOs.

Preferred Provider Organizations

Individuals enrolled in PPOs should deal with higher monthly premiums and higher, more frequent out-of-pocket medical services. These are in exchange of PPO’s flexibility when it comes to getting the services you need. For one, you will not be required to have a PCP, and a referral is not needed for you to see a specialist. Unlike HMOs, PPOs allow you to render services that are out of your network.

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When do you need to consider marriage counselling?

Posted by on Feb 14, 2016 in Marriage Counselling | 0 comments

For some, divorce could probably be the healthiest and most practical way out of a marriage. But others still want to hold on to what they’ve got in order to save their relationship. According to Kathleen Snyder, counseling helps couples bridge the gap that made their relationship bitter, and recover whatever is lost in their relationship through positive and open communication. Marriage counselling has also been very helpful in these situations:

When the only thing that holds their relationship are the kids, or their friends/families

When couples feel that they no longer connect with each other romantically, that they are just roommates occupying the same house and nothing more, and that their relationship becomes more of an obligation to their children and the society, then they should consider seeking help from a professional. Austin marriage counselor Kathleen Snyder says on her website that children and society should never be the sole reason why a couple stays together. Rather, they should primarily stay together because of a relationship that’s healthy, positive, and founded in love.

When they no longer understand each other

Lack of communication could be the number one relationship buster, especially between married couples. If couples fail to communicate with each other in a manner that’s empathetic and considerate, they might forget how to compromise. With the help of a professional, they would be reminded that relationship works only if couples learn how to give and take.

When both of you are seriously considering divorce

While divorce could be good for some couples, this option could take a hard hit on some. For instance, deciding to live separately could harm either or both couples financially. The legal intricacies associated with divorce could also be an added stress for couples who are already undergoing an emotionally hard time. Finally, divorcing couples with kids should also agree with a child custody arrangement that would not profoundly impact their kids.

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Can slip and fall in the workplace be prevented?

Posted by on Feb 13, 2016 in Slip and Fall | 0 comments

Based on the data released by the Occupational Safety and Health Administration (OSHA), slip and fall never fails to make it in the list of the leading causes of death in U.S. construction sites every single year. This means that employers, employees, and other stakeholders still have a long way to go in completely eliminating slip and fall death in the construction industry. But, is it really possible to avoid slip and fall accidents in the workplace? A very simple answer is yes. However, doing so requires not just a simple yes. It requires your commitment to do these right things:

Hire right

According to WorkSTEPS, pre-hire tests could be important in the construction industry, as it may help employers select workers who are adept in meeting the demands set by the industry. And employers don’t have to worry about discrimination laws. Functional capacity assessments are specifically designed not to be discriminatory, which means assessments such as these will only have to evaluate areas that are directly related with how applicants will perform their jobs.

Plan right

Employers and employees should work hand in hand in planning to eliminate slip and fall risks in the workplace. Supervisors, for instance, should find ways on how to ensure that the job will be done safely. Employers and contractors, on the hand, should plan ahead what safety equipment to buy or rent to reduce slip and fall risks.

Equip right

According to the lawyers at Hach and Rose, workers should be equipped with fall protection equipment (FPEs) to keep slip and fall accidents in the workplace at bay. And FPEs should be heavily dependent on the project, too. For instance, a roofing endeavor would require a personal fall arrest system to keep construction workers safe.

Train right

Finally, employers and contractors should take initiative in increasing awareness about the potential dangers that may result in slip and fall accidents, and how to eliminate or reduce them. This can be done through regular safety training. Workers should also learn about the proper set up and use of safety equipment to avoid construction falls.

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When airbags fail

Posted by on Feb 12, 2016 in Airbags | 0 comments

Recently, Japanese airbag maker Takata has been compelled by different authorities around the world to recall and fix its airbags that may explode when triggered, spraying front seat occupants with shards of plastics and metals at a speed so high that it can be fatal. To date, several deaths have been recorded in association with the issue, and several hundreds more have been injured. According to www.chrismayolaw.com/san-antonio-personal-injury-lawyers/, more and more people that have been harmed by the airbag are now filing for legal action against the manufacturer to seek compensation from the damages they have incurred.

Supposedly, airbags are triggered when there is a sudden decrease of acceleration, which happens when the car hits another car or a hard, immovable object (a wall, or a tree). When the airbag detects sudden deceleration, it would trigger the propellants contained inside the envelope, creating a very fast chemical reaction that generates gas. This gas inflates the airbag, providing front occupants ‘cushion’ during hard collisions.

However, Takata’s airbags are equipped with a new component that instead of inflating the bag, it causes the bag to explode, making the occupants more prone to cuts, lacerations, bruises, and blindness. According to personal injury lawyers from Rhinelander, (visit their website to learn more), some severe instances of Takata airbag explosions even resulted in deaths.

Airbags are always expected to inflate properly in times of troubles. But, as a car owner, you should also be aware that there are occasions wherein airbags do not deploy. Here are some of them:

During angular collisions – If you have been side-swept or rear hit by a car, your front airbags are less likely to deploy. However, newer cars are now equipped with side airbags, which deploy during side collisions.

During a fender bender – A slight car crash might not be enough to deploy airbags.

When you hit a moving object – Your airbags are least likely to deploy when you hit a moving object, such as animals, a pole, or worst, a pedestrian.

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Understanding the different causes of male breast enlargement

Posted by on Feb 11, 2016 in Male Breast Enlargement | 0 comments

Male breast enlargement, scientifically known as gynecomastia, typically affects men during their years of puberty. In rare cases, however, adult men can also develop this condition. Enlarged breasts among male may cause body image issues, and may ultimately result in low self esteem and depression. In most cases, gynecomastia is treated either with medications or surgery, which means a person with this condition may also have to deal with added medical costs and possible treatment side-effects.

There are many different causes of male breast enlargement. For those who have developed this condition at an older age, lower testosterone level could be the culprit. Lower testosterone production could be a result of andropause, a phase comparable to menopause among women.

Apart from low testosterone levels, certain medications could also result in gynecomastia. According to www.williamskherkher.com/practice-areas/defective-pharmaceuticals/risperdal/, the use of anti-psychotic drug Risperdal has been associated with several cases of male breast enlargement. In fact, the website of lawyers from Williams Kherkher says that there have been waves of Risperdal users who took legal action against its manufacturer, Johnson & Johnson, due to its failure to warn about the drug’s gynecomastia risk.

Men can also have enlarged breast tissues during their puberty if there is an imbalance between female sex hormones (estrogens) and male sex hormones (androgens). Adolescent males who suffer from gynecomastia might be producing more estrogens than androgens. If this is the cause of a person’s breast enlargement, the condition is considered self-limiting and may go away after a certain period of time.

Male breast enlargement is usually accompanied by tenderness. In severe cases, however, milk discharge (galactorrhea) may also be present. To treat gynecomastia, your doctor might require you to undergo treatment to manage the underlying cause of breast enlargement. Low testosterone level-induced gynecomastia, for instance, might be treated with testosterone supplements. Liposuction, or the removal of breast fat, may also be recommended to reduce the breast size. Ultimately, removal of swollen breast tissue (mastectomy) might be performed to treat gynecomastia.

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