I heard the term ‘silent epidemic’ when people refer to traumatic brain injury? What does not mean?
Silent Epidemic Brain Injury Brain Injury
I heard the term ‘silent epidemic’ when people refer to traumatic brain injury? What does not mean?
According to the Center for Disease Control, there are nearly 1.5 million cases of TBI-some mild, some severe-reported each year in this country. About 50,000 of the people who have a TBI die, and about 80,000 leave the hospital with a disability. Today, about 5.3 million people in this country live with a disability that was caused by a traumatic brain injury, which is why it is called the “silent epidemic”.
A traumatically brain injured individual may appear fine on the surface and may not exhibit obvious signs of a head injury. An individual may have a complete medical recovery from the physical symptoms and yet continue to experience some lingering (and chronic) functional problems (e.g., reasoning, problem-solving or memory capabilities) in his or her attempt to resume a normal life. It is important to remember that symptoms vary in type and severity, depending on the degree of the injury and the portion of the brain involved.
Read more for related video clips.
Categories: Personal Injury Laws Tags: injury
What is it about welding rods that causes medical problems?
Medical Problems And Welding Rods Injury Law
What is it about welding rods that causes medical problems?
Welding rods, and the welding process, can cause a number of injuries: arc rays from the welding process can injure eyes and burn skin, one can be harmed by electric shock, and welding fumes and gases can be dangerous to your health in many ways, which is the focus of current litigation.
Welding rods contain heavy metals. These become airborne when the welding rod is burned. There are a number of substances in welding rods that are dangerous, including manganese, carbon monoxide, nitrogen dioxide, hydrogen chloride, molybdenum, silicon, chromium and nickel compounds. People exposed to welding fumes absorb these substances into their bodies primarily through inhalation of the fumes, eyes, and/or skin. This occurs when welders are working in confined spaces without proper ventilation. Once ingested, people suffer a multitude of symptoms: dizziness, nausea, dryness or irritation of the nose, throat or eyes, fume fever characterized by chills, fever, upset stomach, vomiting, irritation of the throat and aching of body, metallic taste, tightness in the chest, allergic reactions, irritation of the respiratory tract, lung damage and asthma-like problems. Swallowing chromium salts can cause severe injury or death. Dust on skin can form ulcers. Eyes may be burned by chromium (VI) compounds. Silicon dust and fumes may cause irritation of the respiratory system, skin and eyes; molybdenum causes irritation of the eyes, nose and throat.
Read more for related video clips.
Categories: Personal Injury Laws Tags: C, injury
Zombie Creditors: A $100 Billion Industry That Is Anything But Consumer Friendly
zombie-creditors collections
Zombie Creditors: A $100 Billion Industry That Is Anything But Consumer Friendly
The debt-buying industry is relatively new. It’s gigantic and really took off during the last recession. Many say that we’re also in a recession now – and it’s taking off again. So, how big is this industry? According to Steve Recordon, an attorney from San Diego, California whose firm represents individuals who have been sued or harassed by debt buyers, nearly $110 billion of debt was sold last year.
What are zombie creditors and what collection tactics do they use?
In a recent interview, Recordon explained the process of debt buying. “What happens is that the seller will sell the debt, or account, for pennies on the dollar depending on the age of the account. The older it is, the cheaper it is. I’ve seen some that have been sold for a-half a cent on the dollar. We call these debt buyers zombie creditors because, just when you think the debt’s dead, it comes back to life.” He provided the following example:
Let’s say one of the credit card companies, Bank America, American Express, MasterCard or whoever, has an account that’s not being paid. It then goes into default, and they, themselves, try to collect. If they’re unable to collect, they sell the account to a debt buyer. Debt buyer No. 1 picks it up and tries to collect. If they’re unable to collect, they’re going to sell it to Debt Buyer No. 2.
As you go down the chain, obviously, the price that you’re able to get for it goes down, and quite often, these debts are considerably past the statute of limitations. Each state has its own statute of limitations. California, for example, has a four-year statute. I’ve seen cases where the debt buyer is coming after a debt that’s seven or eight-years old, absolutely uncollectible, but that doesn’t seem to stop the more ruthless debt buyers.
Zombie creditors have limited information, but will come after you anyway.
Most debtors would be surprised at how little information zombie creditors actually have regarding their debt. However, a lack of information doesn’t stop them from coming after you. Recordon explained:
Normally, what happens is that the debt buyer / zombie creditor will buy a disk with 1,000 accounts or more on it at a time. However, the information on that disk is very limited. They’re going to probably get the name of the debtor, an address (although many times the address is old and the debtor no longer lives there), the amount of the account and very little else. Initially, they’re probably not even going to have the original contract.
They’re also not going to have a breakdown of whether or not the amount that they have includes interest or attorneys’ fees. I have to tell you, some of these zombie creditors are huge publicly traded companies.
They use programs that scrub the disks. Scrubbing is a process where they take the disk and run a program over it to determine the collectibility of the individual accounts. The ones that have the highest collectibility may result in a lawsuit being filed in state court if they can’t collect through telephone calls and letters. The scrubbing process enables debt buyers to determine a lot of things such as whether the individual works or owns property or a vehicle. They’re looking for those types of things to determine collectibility.
If you’ve been sued or harassed by a debt buyer / collection agency, contact an attorney whose practice focuses in this area of the law to discuss your situation. Consultations are free, without obligation and strictly confidential. To contact an experienced attorney, please click here. We may be able to help.
Categories: Bankruptcy laws Tags: consumer
Is sampling illegal?
Legality Sampling Music Law Intellectual Property
Is sampling illegal?
Yes, contrary to popular belief and practice, sampling of an original copyrighted song without permission of the copyright’s owner is illegal copyright infringement.
Unauthorized sampling actually violates two potential legal rights. First, the instant you sample a portion of someone’s song (no matter how small), it constitutes a violation of the copyright in song itself – the © symbol – which is owned by the song writer or the music publisher. Second, sampling violates the sound recording copyright – the symbol – which is usually owned by the record company or recording artist. Thus, sampling without prior permission subjects the illegal copier to a copyright infringement in federal court by the original author (or publisher) and by the record company.
(Reprinted with permission of Ruben Salazar, Esq.)
Read more to view related video clips.
Categories: Intellectual Property Laws Tags: C, legal, sample
What effect does marital status have on federal taxes?
Marriagetaxes Family-Law
What effect does marital status have on federal taxes?
A married couple can file a joint tax return in which both spouses report their respective incomes. This may result in a lesser amount of federal income tax being due than if each spouse had filed a separate tax return as single persons (especially if one spouse has a relatively high income in comparison with the income of the other spouse). The opposite may be true for working couples filing jointly; they may pay more income tax than they would have had they filed as single individuals.
Each spouse is prohibited from filing an income tax return as a single person or head of household. The choices available are either a joint income tax return or married filing separately. The income tax filing of married filing separately typically results in the highest level of taxes being paid.
Spousal support paid to a former spouse pursuant to a judgment of dissolution, pursuant to a legal separation agreement or pursuant to a judgment of nullity can be used as a deduction on the payer’s income tax return, with the payment of spousal support being included in the taxable income of the recipient. Payment of spousal support in the absence of a judgment of dissolution of marriage, legal separation or nullity is neither deductible by the payer nor included as income of the recipient (treated as a gift between spouses).
A payment to a spouse under a divorce or separation instrument is alimony if the spouses do not file a joint return with each other and all of the following are true:
(1)The payment is in cash;
(2) The instrument does not designate the payment as not alimony;
(3) The spouses are not members of the same household when the payments are made;
(4) There is no liability to make any payment after the death of the recipient spouse;
(5) The payment is not treated as child support (this is the case if the payment is reduced either on the happening of a contingency relating to your child, or at a time that can be clearly associated with the contingency).
If the payment is alimony, it is deductible by the payer and it is income to the recipient. If payments are labeled as “family support,” and no specific sum or percentage is specifically designated as child support, the entire payment is taxed as alimony. If the payment is not alimony, it is neither deductible by the payer nor includible in the income of the recipient.
Transfers of property to a spouse or a former spouse incident to a divorce does not result in taxable income to the recipient.
Spouses can make unlimited gifts to his/her respective spouse during lifetime without incurring any gift tax.
Spouses are able to leave money and property to the surviving spouse without incurring any estate tax (although there may be an estate tax payable upon the death of the surviving spouse).
Read more to video related video clips.
[tubepress mode='tag', tagValue='What effect does marital status have on federal taxes?']
Categories: Family Law FAQ Tags: estate, family, legal
Id Common Law Marriage – Can a couple become legally married by living together as man and wife under idaho’s laws?
Can a couple become legally married by living together as man and wife under idaho’s laws?
Yes
[Note: a couple legally married at common law in another state is regarded as married in all states.]
IDAHO
Related video below.
Categories: Family Law FAQ Tags: legal
What is the age with parental consent in colorado?
What is the age with parental consent in colorado?
Male: 16 – younger parties may marry with parental consent and/or permission of judge
Female: 16 – younger parties may marry with parental consent and/or permission of judge
Read more to view related video.
Categories: Family Law FAQ Tags:
Brain Injury: Conditions & Common Causes
Brain Injury Injury Law
Brain Injury: Conditions & Common Causes
A brain injury can occur for a number of different reasons, but there are two major categories of brain injury: acquired brain injury and traumatic brain injury. An acquired brain injury happens when brain cells are impaired, for example when brain cells are not getting enough oxygen. These injuries are called “anoxic” (no oxygen) or “hypoxic” (little oxygen) brain injuries. They can result from airway obstruction, electrical shock, head or neck injury, or a disease that interferes with oxygen flow to the brain. The Brain Injury Association of America provides more information on the different types of acquired brain injuries.
Traumatic brain injury, or TBI, is caused by a jolt or blow to the head or a penetrating head injury that causes a disruption of normal brain function. A traumatic brain injury occurs when tissues, nerves or blood vessels in the brain are strained or torn. The TBI may affect many parts of the brain (diffuse TBI) or it may affect only a portion of the brain, depending on the type and severity of the injury.
Traumatic brain injuries range in severity from “mild,” “moderate” or “severe.” A mild TBI can result in a brief loss of consciousness (a few seconds or minutes), or a sense of being stunned or dazed. A moderate TBI can result in a longer period of unconsciousness (a few minutes to a few hours), confusion, or decreased mental or physical abilities. A severe TBI can have more serious effects, such as amnesia or a coma. Traumatic brain injuries are common. Each year, 1.4 million Americans suffer a TBI, and 50,000 of those injuries are fatal. The National Center for Injury Prevention and Control provides more statistics on the number of injuries and the cost of TBI, as well as its signs, treatments and effects.
Types of Traumatic Brain Injury
There are different types of traumatic brain injury. These include:
Concussion. Concussions are the most common type of TBI. A concussion is damage to nerves or blood vessels in the brain often caused by an impact to the head.
Contusions. A contusion is a bruise or bleeding on the brain that can be caused by an impact.
Diffuse Axonal Injury. This is tearing of nerve tissue in the brain that occurs when the brain is jostled in the skull. It can result from shaking (for instance, shaken baby syndrome) or from a sudden impact that flings the head back (whiplash).
Coup-countrecoup Injury. This type of injury occurs when an impact not only injures the site of impact, but causes the brain to impact with the skull, causing injury to the opposite side of the brain.
Penetration injury. A penetration injury is any injury that results in penetration of an object into the brain, or causes a skull fracture that sends pieces of bone into the brain. This type of injury can be the result of a gunshot wound, knife wound, or other violent injury.
The most common causes of traumatic brain injury are: 1. falls (28 percent) 2. auto accidents (20 percent) 3. blows or strikes to the head (19 percent) 4. assaults (11 percent) 5.
Symptoms of Traumatic Brain Injury
The symptoms of a traumatic brain injury sometimes do not appear until days or weeks after the injury happens. The symptoms can include:
lasting headaches or neck aches
dizziness or trouble with balance
blurry vision or sensitivity to light
nausea or light-headedness
loss of memory
difficulty concentrating
slow speech, thinking or writing
mood swings or feeling tired all the time
Not every head injury causes a traumatic brain injury, but because the symptoms can be difficult to detect, it is important to visit a doctor if you have suffered a recent head injury or impact and noticed any of the symptoms listed above.
If you or a loved one have suffered a brain injury due to another person’s negligence, you may be able to receive compensation for your injuries and medical expenses that result from the injuries. A personal injury attorney can tell you if you have a case worth pursuing, and estimate how much you may be able to receive.
It is important for you to start looking into any possible claim as soon as possible, because every state has a statute of limitations that limits when you can file a personal injury lawsuit (for example, some states allow two years from the date of the injury or from when the injury was or should have been discovered). If you miss the deadline, you will not be able to bring a lawsuit. If you would like an experienced brain injury lawyer to review your case, fill out our case evaluation form and an attorney will contact you for a no-cost, no obligation evaluation.
Free Advice also provides a list of Brain Injury FAQs which provides you with additional information. If you or a loved one have suffered a brain injury due to another person’s negligence, you may be able to receive compensation for your injuries and medical expenses that result from the injuries. A personal injury attorney can tell you if you have a case worth pursuing, and estimate how much you may be able to receive.
It is important for you to start looking into any possible claim as soon as possible, because every state has a statute of limitations that limits when you can file a personal injury lawsuit (for example, some states allow two years from the date of the injury or from when the injury was or should have been discovered). If you miss the deadline, you will not be able to bring a lawsuit. If you would like an experienced brain injury lawyer to review your case, fill out our case evaluation form and an attorney will contact you for a no-cost, no obligation evaluation.
Free Advice also provides a list of Brain Injury FAQs which provides you with additional information.
Read more for related video clips.
Categories: Personal Injury Laws Tags: accident, injury
What happens during a birth injury lawsuit?
Birth Injury Lawsuit Injury Law
What happens during a birth injury lawsuit?
What happens during a birth injury lawsuit depends on the laws of the state where your child was born. Your medical malpractice attorney will file a lawsuit against the doctor, hospital, and any other party who might be responsible for your child’s birth injury, or your lawyer will notify the parties that you intend to file a lawsuit. The involved health care providers will then notify their medical malpractice insurers about the lawsuit. At that point, the handling of the defense of the lawsuit is turned over to the medical malpractice insurer and the medical malpractice defense attorneys.
A lawsuit starts with “discovery.” During discovery, both sides collect information about each other. The other side will ask for your child’s and possibly your own medical records, financial records and other information. You will exchange questions and answers called “interrogatories.” Your child will most likely be required to undergo an Independent Medical Examination (IME) and if brain injuries are involved, an MRI by a physician chosen by the other side. Many of the individuals involved in the lawsuit (e.g., parents and treating physicians) will be questioned by the opposition’s lawyer in what is called a deposition.
Most cases are settled during the process of collecting information during these initial stages of the lawsuit. Your lawyer will talk to you about appropriate settlement amounts. When the other side offers to settle, you have the final say. If you decide to settle, the lawsuit ends. If you and the other side can’t agree on a settlement, your case goes to trial.
Read more for related video clips.
Categories: Personal Injury Laws Tags: injury
Can I sue on my own to avoid using a lawyer for a welding rod injury case? Should I file as part of a class action?
Welding Rod Class Action Drug Toxic Chemicals
Free Case Evaluation From An Experienced Drug Liability Attorney.
Can I sue on my own to avoid using a lawyer for a welding rod injury case? Should I file as part of a class action?
Anyone can bring a suit on a pro se basis – that is, without using an attorney. However, that is hardly ever a good idea, particularly with a complex issue like welding rod poisoning. An experienced attorney will make sure that every possible defendant is brought into the lawsuit, including some that you may not have contemplated.
He or she will also be able to meet time limits, including statutes of limitation and limits imposed by the court. Your attorney will request all the necessary information from the opposing side and comply with court requests so that your case is not compromised. Your attorney can engage in settlement discussions on your behalf and may be able to work out a suitable settlement agreement; however, if your case goes to trial, your attorney will know how to present your case effectively. All of these reasons can make sure that you receive the maximum amount of money your case is worth, and your attorney’s expertise is well worth the percentage that he or she will retain to cover expenses.
One question is whether to file your case individually or as part of a class. This is another question that your attorney can help you with, and in many cases, you may end up filing individually against some defendants and joining a class against others. In a class action suit, individuals who have similar cases are “joined,” in order to prosecute their claims in a more efficient manner. This process begins when one person (or more) agrees to serve as the class representative. This “class rep” is then subject to approval by the court. There are a series of requirements that the court reviews — but most significantly, whether the claims of the “class rep” are typical of the claims of other members of the proposed class. The main reason to file individually is that you often (but not always) get a larger damage award, since you have the opportunity to present any issues that make your case unique and worth more. There also may not be a class available for you to join. Reasons to join a class include power in numbers, because it is easier to prove a case that is supported by the evidence of many class members, the fact a company is more likely to settle if enough lawsuits are brought, and that your damages from a particular defendant may be so small that it makes sense to join a class rather than try to bring your own action.
The decision whether to proceed individually or as a member of a class is only one decision that your attorney can help you make. You should contact an attorney experienced in handling welding rod poisoning cases as soon as possible to discuss your case. This is important, because every state has a statute of limitations that limits when you can file a personal injury lawsuit (often between one and three years). If you miss the deadline, you will not be able to bring a lawsuit. If you would like an experienced birth injury lawyer to review your case, fill out our case evaluation form and an attorney will contact you for a no-cost, no obligation evaluation.
Read more for related video clips.
Categories: Personal Injury Laws Tags: C, how to, injury, Lua