Assault may be defined as an intentional act that places another person in fear of physical harm that he or she is about to suffer. This definition actually implies that the actual physically harm need not be inflicted and that causing another person to fear its possibility is already an act deserving of punishment. But, while assault remains to be a threat, the actual physical harm on another person is what constitutes battery. Before, assault and battery were treated as separate crimes, with battery more considered as “completed” assault. These days, however, many modern laws no longer distinguish between the two crimes, with assault already referring to crimes of actual physical violence.
State laws vary greatly with regard to penalties and sentences for an assault and/or battery conviction (it is possible for a person to be convicted only of assault without battery, such as when he or she raises his or her fist in a threatening manner, but without actually throwing a punch. In like manner, a person may be convicted only of battery without assault, such as when he or she pushes or punches someone else from behind). Conviction may include fines and/or imprisonment, depending on how severe the offense is and the criminal history of the offender; thus, repeat offenders will most likely receive stiffer penalties. Stiffer penalties will also be meted out on offenders whose victim is a public servant (like a police officer, a firefighter, a paramedic or a teacher), a family member, or a person living with the offender.
Assault (or simple assault) is considered a misdemeanor crime; however, if an offender threatens another individual with a weapon of any kind or with the resolve to commit a serious crime, like rape, then this shall be considered as aggravate assault, which is a felony. Likewise, an assault committed against a person with whom the offender has a relationship is considered an aggravated assault or a felony. A person, on the other hand, commits an aggravated battery if he or she accomplishes it using a deadly weapon, or if he or she has intent to commit murder or other serious harm.
Assault and battery, though intentional, still falls under the scope of personal injury law or tort law, thus, allowing victims to file a lawsuit in a civil court. Through this civil lawsuit, victims can seek compensation for injuries and other damages resulting from the incident.
The defendants in an assault and battery civil lawsuit case, however, as made clear in the website of the Charleston personal injury lawyers of Clawson & Staubes, LLC: Injury Group, may not only be the offenders themselves. According to the website, “owners and operators of businesses, bars and restaurants, security firms, and even the employers of assailants” can also be held responsible if the assailants were “acting in the course and scope of their employment.” Thus, in the event of an assault and battery crime, it may be in the best interest of the victims to seek legal help from experienced personal injury lawyers for the proper investigation of their cases and for guidance in pursuing legal action that will help them seek the compensation they may have a right to claim.
Undoubtedly, divorce isn’t something that a lot of people say they enjoy going through. It is an occasion and financially consuming procedure that can take its cost to the psychological and psychological wellness of both events. When youngsters are participating, this seems to double up. Concerns including child support and infant custody ought to be ironed out correctly to avoid problems that were future.
There are many techniques custody and kid visitation may become complex, and as a child custody attorney may point out, mental complications could get in the manner of appropriately creating a superb child custody and arrangement. Finding help from people who understand how the problem works and specialists who can give impartial legal help can tremendously assist in deciding child custody and visitation.
Typically, the settlement for child-custody is prompted by the courtroom to become satisfied within the family: this means the family has got on what they want to work these things out, the entire selection. Achieving this will allow both parents bargain to agendas and other problems that need to be cleared minus the support of the judge and to recognize. Simply do both parents reach an agreement and built a good determination can they be capable of providing their agreement, where the judge might consider and see if changes are before acknowledging the agreement essential.
Enforcing the decided visitation and custody is important since it can be a responsibility. Everyone who disobeys the courtroom- visitation deal and granted custody fined or certified and may be placed in disregard of court. So that you can possess the agreement revised such as going to another express or lack of work certain conditions should be documented instantly. This also permits both parents to maintain and training their directly to be in youngsters lifestyle or their child. Separating from your own spouse has already been tough enough since it is, and it generates the problem much more complex when kids may take place.
A motorcycle is definitely one of the most excellent means of transportation. Besides being cost-efficient with regard to gas expenses, it can also enable the rider to easily drive through tight spots and past heavy traffic.
The only major worry for motorcyclists is their vulnerability to possible severe injuries due to the lack of protective gears other than the helmet. Thus, to help protect riders from serious harm, the American Motorcycle Association (AMA), the largest motorcycling organization around the globe, enjoins its members and encourages all other motorcycle riders to always wear additional protective gears, such as gloves, a jacket, and the appropriate pants and footwear, whenever they will ride. All these, of course, should be worn with a helmet that complies with the standard of safety that the US Department of Transportation requires.
The 2012 record of the National Highway Traffic Safety Administration (NHTSA) on motorcycle accident shows 112,000 motorcycle mishaps; of this, 93,000 caused riders serious injuries, while 4,957 claimed riders’ lives. This only means that while it is true that motorcycles provide lots of conveniences, these also cause great risks.
While head-on collision is a major cause of fatality among motorcyclists, there are many other forms of mishaps that can severely injure and leave them with an amputated limb or permanent disability. It is a sad fact, however, that so many of these accidents are actually due to negligence or carelessness of the riders themselves, by the driver of the other motor vehicle involved or by someone who never really did his/her job (like a city or local government personnel in charge of keeping roads safe from accidents). These acts of negligence or carelessness are followed by many different kinds of wrong results: poor riding skills; drunk riding; collision with fixed objects (such as a lamp post or railings); overspeeding; lane splitting (an occasion wherein a motorcycle rider passes between two slow-moving or stopped vehicles, like during heavy traffic flows); a driver (of another vehicle) failing to notice an approaching motorcycle while making a left-hand turn; other vehicles denying motorcyclists their right of way; another vehicle tailgating a motorcycle; poor vehicle visibility and/or stability during inclement weathers; defective roads; roads not cleared of hazards; and so forth.
Since negligence can be dispelled through simple acts of diligence, a negligent or careless act resulting to an accident is, therefore, very much preventable. However, being someone else’s fault, the victim has the right to pursue legal actions against the liable party for whatever present and future damages his/her injuries may result to. Seeking the assistance of a highly-qualified personal injury lawyer or motorcycle accident lawyer will definitely help the victim know and understand his/her legal rights and options.
This is a day and age where automobiles are near everywhere that it has become practically a necessity for everyday life. These machines, complicated to manufacture and weighing thousands of pounds per vehicle, have made faraway places more accessible and has made travel far, far more efficient within the last few decades alone than they have in thousands of years. However, there are some sad truths about auto accidents that people need to be aware of in order to keep themselves safe and vigilant – both for their own sakes as well as for the people around them.
Automobile-related accidents happen on a daily basis. In fact, accidents of this nature are one of the leading causes of death in the United States of America. One of the worst things about accidents like this, however, is that you can take every precaution and preventative measure known and still end up in an automobile accident due to the negligence of someone else. It is never an easy scenario to deal with and it can be life-altering for some people. For example, if you end up in an accident of this nature – your spine might get injured and leave you permanently disabled as a quadriplegic for the rest of your life.
This can be an incredibly trying time but something to know about these kinds of accidents is that you don’t just have to take them lying down. There are actions that you can take, with regard to these unfortunate circumstances, where you are gifted benefits and compensation for the trauma that has been done unto you. Auto accidents are a subset of personal injury cases, otherwise known as the legal action you can file for if you have sustained physical, emotional, or mental injury that was caused by the negligence (either willful or intentional) of someone else.
You may click here to learn more truths about auto accidents.
John Eddie Williams and his wife, Sheridan, strive to help those in their community. Through their involvement with the University of Texas MD Anderson Cancer Center and the Houston Chronicle’s Goodfellows program, the two extend their hands to those in need.
The University of Texas MD Anderson Cancer Center sets an impressive goal for itself to eradicate cancer from Texas and the world. They intend to do this through innovative research that pushes the bounds of science. Their integrated patient care strategies offer a unique and valued experience for the cancer victims that they treat. They have an ongoing mission of continued education for their trainees, professionals, and the public.
The core values of the MD Anderson Cancer Center directly align with values upheld by John Eddie Williams. MD Anderson is dedicated to creating a caring environment that benefits their staff and patients. They value the integrity of their employees, trusting their competent and impressive colleagues. Finally, the organization values discovery through research and creative strategies to cure cancer.
In the same vein of giving back to the community, John Eddie Williams is an involved member of Goodfellows Club of Houston, a Better Business Bureau Charity. The goal of the organization is to deliver toys to underprivileged children in the Houston area. The charity gives over 130,000 toys annually to around 60,000 children in need. As the largest donator to the Goodfellows Club of Houston, John Eddie Williams helps to grow and spread good will throughout the community.
The severity of the injury a car driver can sustain in a car accident depends on certain circumstances, like the speed of both cars before impact, whether or not the injured victim is wearing a seatbelt, the part of the car that is hit and how effective the other car safety devices (like the air bag) are.
Car accident injuries range from slight bruises severe physical harm, like injury to the neck and spinal cord, bone fracture, lacerations, internal injuries, and whiplash, which is an abrupt and violent blow to the head, making it to jolt back and forth. The American Chiropractic Association (ACA) believes that whiplash is the most common injury that car crash victims sustain.
According to the website of Pohl and Berk, the dangers associated with whiplash include injury to tendons, muscles, ligaments, and other soft tissues in the area of the neck. One problem this whiplash injury, however, is that it is not easily determinable. Often, the symptoms associated with this injury (which includes dizziness, the sense of pins and needles in the arms, swelling of the neck, nausea, back pain, blurred vision, headache, sudden lack of energy, muscle spasms and difficulty in swallowing) become evident only hours after the accident.
Contrary to perceptions that a whiplash is possible only if the vehicle that rear-ends the victim is speeding, studies have shown (and actual cases prove) that being rear-ended even by vehicles running at much slower speed can cause the injury. While there is no certain way of keeping this injury from happening to anyone during rear-end collisions, traffic enforcers can only advise drivers to always make sure that they are secured by a seatbelt to, at least, lessen the effect of an impact.
Besides car accidents, whiplash can also be caused by assault, a sports-related injury or a fall. Individuals, who sustain the injury because of the negligent act of someone else, are allowed by the law to file a civil or tort lawsuit against the liable party. Since any type of injury can cause financial losses on the part of the victim, as well as cast the victim in situations that require him/her to undergo costly medical treatment, it is, therefore, possible to seek compensation for all present and future damages the injury will result to.
Understanding your rights as a victim, though, would definitely be better through the assistance of highly-capable personal injury lawyers.
You are probably aware that the mouth is one of the “dirtiest” parts of the body, mostly because it plays host to millions of different kinds of bacteria. A Leander TX dentist would explain that most of these are harmless, and some are actually beneficial because it helps in the breakdown of the food that we eat. However, there are some bacteria that can cause harm when we have poor dental hygiene, generally manifesting in bad breath and tooth decay, and on occasion it carries more serious consequences.
A study by New York University researchers suggested in 2010 that gum inflammation may be implicated in Alzheimer’s disease to a certain degree. They concluded this after reviewing 20 years of data culled from 152 Danish subjects that participated in the Glostrop Aging Study, most of whom began the study in their 50s. The study ended in 1984 when all the subjects were 70 years old and above.
According to the researchers, the data indicated that in people over 70 there was a strong link between low cognitive function and gum disease. Those who had inflammation of the gums at the time of a digital symbol test were more likely to score lower than those without periodontal problems, even when the results were adjusted for factors such as smoking habits, tooth loss with no periodontal implications, and obesity.
University of Central Lancashire researchers followed up on these conclusions in 2013 by examining brain samples of 10 people who had Alzheimer’s disease and comparing them with brain samples of those without the condition. They found that there was a bacterium normally associated with chronic periodontal disease (Porphyromonas gingivalis) present in the brain samples of those with Alzheimer’s disease but not in those without. A further study in 2014 using mice found that two of the more common bacteria that caused gum disease were motile, meaning that they are capable of travelling, and were to be consistently found in the brain.
While these studies do not definitively show that gum disease-causing bacteria that travel to the brain may be causing Alzheimer’s disease, the results are certainly suggestive. At any rate, it does no harm to ensure good gum and oral health by having good dental hygiene and regular visits to your dentist.
The 1885 law enacted in New York when the first skyscrapers began being built which protect workers from fall-from-height accidents is still in force today, and not a lot of people are happy about it.
Labor Law § 240, more commonly known as the Scaffold Law, essentially places all the liability for construction site injuries of workers on the contractor or construction company no matter if the worker was partly or entirely at fault. Others characterize it as “absolute” liability which critics say is unfair to conscientious and law-abiding contractors that ensure the safety of their workers to the best of their ability. There have been numerous attempts to modify the law, understandably mostly by construction companies and their insurers, but so far it remains essentially the same.
The main contention of these would-be reformers is that the law is hurting the industry by driving up costs. But as stated in the website of Hach & Rose, the fact is that some contractors and construction companies cut corners when it comes to the safety of their workers, making a construction site even more dangerous than it has to be. This is one of the main reasons that the Scaffold Law came into being in the first place.
Construction workers are constantly in danger of serious injury because of the nature of the work, but it would be incredible to suggest that they would risk life and limb simply to collect damages under the Scaffold Law. It is undeniable that there are accidents that are due to the worker’s own negligence, but this is by far the minority.
While modifying the Scaffold Law to put liability on a comparative fault basis may be a good idea, there is little impetus to push this beyond the proposal stage at this point. Construction workers in New York are still under the current terms of the Scaffold Law.
Two product liability cases filed on the same day in the same place for the same reason are being transferred back to state court where the cases were originally after both being transferred to federal court. The remand to state court was petitioned by both plaintiffs and was duly granted on the basis of the forum defendant rule, but their request to be compensated for legal costs incurred in the maneuvering over the venue was denied.
The separate cases filed against Benicar principals Daiichi Sankyo and Forest Laboratories by plaintiffs George and Martha Williams from Texas and Shelly and Abu Rahman from Pennsylvania were initially filed in the Atlanta County Law Division of the Superior Court of New Jersey in February 2014. The cases were filed in New Jersey because Daiichi Sankyo is based there, as is Forest Research Institute. As suggested in http://www.williamskherkher.com/practice-areas/defective-pharmaceuticals/benicar/, both cases alleged that the defendants were negligent in failing to warn and failing to adequately test the product for safety.
Benicar (olmesartan) is a drug from a class of hypertension medication called angiotensin II receptor blockers (ARBs) or sartan. This particular brand was developed by the Japanese drug company Sankyo for distribution in the US in partnership with Forest Labs. Sankyo won Food and Drug Administration (FDA) approval for the drug in 2002, and by 2012 was filling more than 10 million Benicar prescriptions.
In that same year, however, doctors at the Mayo Clinic finally figured out that what was causing a condition called sprue-like enteropathy in 22 of their patients was Benicar. Having ruled out celiac sprue (or celiac disease) as the cause of gastrointestinal problems of these patients, doctors turned to finding out what the patients all had in common. It turned out that all 22 patients were on Benicar, and when it was discontinued, so did the symptoms. By July 2013, the FDA was issuing warnings, and the first lawsuits were being prepared.
If you suffer serious symptoms of sprue-like enteropathy from using Benicar, you may be eligible to get financial compensation for your health problems. Contact a reputable Benicar lawyer in your area to find out more.
Regardless of the type of workplace an individual may be working in, safety should be among his/her top concerns. This same concern was what led the US Congress in passing the Occupational Safety and Health Act (OSH Act) in 1970 with the goal of making sure that all employers (of private and government firms) provide their employees with a working environment that is free from known hazards, like excessive levels of noise, heat stress or cold stress, contact with toxic chemicals, mechanical dangers, and all forms of unsanitary conditions.
In a regular office environment, measures that will ensure the safety and health of employees can be easy to observe; with regard to industrial working environments, such as construction sites, oil rigs, power or nuclear plants, manufacturing firms, factories, mills, mining fields, and so forth, the meaning of ‘freedom from hazard’ (or even the word ‘hazard’ itself) will have to take off from a much higher level of platform.
The United States Bureau of Labor Statistics records around 3 million injuries every all, all involving industrial workers. These injuries are usually caused by broken or unsafe scaffoldings, exposure to dangerous chemicals, contact with heavy machinery, malfunctioning heavy equipment, being hit by falling tools or objects, falling off from a high working place, slip and fall, and so forth.
An industrial accident can leave a worker with a life-changing injury that can cause a crippling financial situation for him/her and (his/her) family. According to the website of Crowe & Mulvey, these permanent injuries can have lifelong consequences that are incredibly costly to the family, both socially and financially.
Besides injuries, industrial work can also cause a deadly chronic illness, especially in those who are regularly exposed to toxic substances. Workers, whose share of exposure to hazardous chemicals is on a daily basis, ought to be aware of the Hazard Communication Standard (HCS) of 1986. This law, which is also known as the Right-to-Know law or Worker Right-to-Know Legislation, gives workers the right to be informed about the dangers they are exposed to and how they can safeguard themselves from such dangers.
A Detroit personal injury lawyer is well aware that industrial work is one of the most dangerous jobs in the US. Among the many types of injuries that it has already caused are second or third degree burn, fractured or broken neck, broken bones, severe cut and/or bruising, hemorrhage, suffocation, traumatic brain injury, spinal cord injury, paraplegia or selective paralysis, and/or quadriplegia or complete paralysis; in some worst case, industrial accidents have also led to the amputation of limbs or death of victims.
However, speaking with an attorney can help victims seek justice for their injuries and for all the damages he or she is (and will be) faced with.