Pirate Thespians

Society should take care of its weakest

Posted by on Oct 29, 2017 in Assisted Living | 0 comments

It has often been said that a society can be judged by how it treats its weakest members. Unfortunately, by that score, our society is a poor one, since we treat our weakest members, our elderly, quite poorly.

While many cultures believe in an absolute respect for elders that goes beyond family limits and includes anyone above a certain age, ours has no such belief. Many cultures look to elders for wisdom, while ours looks only to young people and attractive people for their thoughts on what is happening in the world.

Even more condemning, in many cultures, the elderly fear for nothing because they know their children will take them in when the moment comes. In our culture, the elderly are constantly anxious about the future because they do not know where they will end up. It may be they do end up with children, at least for a time, but it is as least just as likely that they will be pushed off on nursing homes at some point, and if their children are in no mood (or don’t have the means) to pay for a decent home with decent standards of living, they may end in a truly shockingly bad place to finish their otherwise dignified lives.

This is not how we should be as a society. We should not push people to spend so much of their lives contemplating plans for their future elderly care because they can’t be sure anyone will be there to take care of them otherwise.

We could learn a great deal from other societies where the elderly are respected and cared for out of a sense of duty for all that they have done before. Remember, many of today’s elderly were parts of the greatest generation, the ones who fought in the Second World War and freed the world from tyranny.

Others, who may have humbler stories, were the ones to build up the great American economy to give us all that we have enjoyed ever since.

These are people who deserve to spend their final years in comfort, in homes they know, with the people they have raised and taken care of. They now deserve to be taken care of as well.

It is simply inexcusable that our society pushes off the obligations on nursing homes and retirement homes simply because the children of these dear people are too self-absorbed to take care of their parents.

It may not seem like it now, but our culture has lost something by making this devil’s bargain. Even if we convince every person to look into elderly care and to prepare for their eventual final years, we would still be lesser for having required that of others and ourselves. Our society is one of wealth and bounty. There’s no reason why poorer cultures can take care of their elderly and yet we seemingly cannot.

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Have you been injured in an automobile accident?

Posted by on Aug 14, 2017 in Car Accidents | 0 comments

Have you been involved in a car accident? Were you injured? Do you have any reason to think that you may not little or no liability for the incident? Do you have rising legal, medical or automotive repair costs associated with your crash? If so, you should strongly consider contacting a lawyer to determine if you are eligible to be represented and possibly receive reparations for the accident. Legally recoverable damages are categorized by the Habush law firm as:

  • Pain and Suffering
  • Past medical costs
  • Future medical costs
  • Rehabilitation costs
  • Lost Wages

If you have experienced any of these damages due to an automobile accident, you should consider legal recourse, particularly if you think you might not be fully responsible for the accident. There are many reasons why you might not be held liable for an automobile accident injury. I will explore a few here, but please note that this list is by no means comprehensive. To be certain, you should perform your own research and contact a lawyer with any questions you may have.

Probably the most common type of accident occurs because of Driver Error or Reckless Driving. These categories involve behaviors like speeding, cutting other drivers off, driving aggressively, being distracted by cell phones or the radio, etc. If you were involved in a car accident, it is possible that one or more of the other drivers involved was driving recklessly or made an error. If this is the case, you should consider taking legal action. If, however, you made a driver error and/or were recklessly driving, there is still a possibility of receiving some sort of compensation, though it may be less. For example, if you were injured in an automobile accident but failed to buckle your seatbelt, you might only be eligible for reduced compensation or none at all. You should contact a lawyer to determine if there is a case to be made regarding your injury.

Unfortunately, many car injuries may not surface until hours or days following the car accident, especially if the injuries were internal. If you have recently been in a car accident and were not evaluated for any bodily harm immediately following the incident, you should consider seeking a medical evaluation to determine if the accident caused any physical damage. Alternatively, if you were evaluated after the accident and were found to have bodily damage, you might consider seeking legal help to offset any of the medicals costs associated with your treatment. To see if you qualify for legal representation, you should contact a lawyer with your questions and concerns.

Following an accident, a driver’s insurance company might request your medical records. Before taking any actions or revealing confidential information, it is important to know your privacy rights and whether or not you are obligated to comply with the insurance company’s requests. Make sure to contact a lawyer to discuss your options when dealing with insurance companies after an automobile accident.

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What is a Slip and Fall Accident?

Posted by on Jun 9, 2017 in Personal Injury, Premises Liability | 0 comments

A slip and fall accident happens when a person slips because of an external factor and falls to the ground. If the fall involves enough force, the victim may sustain injuries. Below are some of the injuries that can be sustained in a slip and fall accident:

  • Ankle sprain
  • Brain trauma
  • Broken bone, particularly in the arm, leg, and hip
  • Neck damage
  • Spinal cord damage

Usually, these injuries are sustained during the fall, either by crashing into a hard surface or by getting hit by a hard object on the way down.

It is a good thing that, according to the website of Mazin & Associates, PC, those who have been injured in slip and fall accidents may take legal action. This is because property owners are legally obligated to make their places safe, especially if these places are accessed by other people. A slip and fall case can be more powerful if it has the following:

  • The external factor that has triggered the accident has been caused by the property owner
  • The property owner has been incompetent or negligent enough to fail to see or correct the external factor, even if a reasonable amount of time has already passed
  • The accident has injured an innocent party

But how can a property owner be incompetent or negligent? Typically, a slip and fall accident occurs because of the property owner’s failure to maintain the property. Below are some of the most common maintenance failures that result into slip and fall:

  • Broken stairs
  • Buildup of ice, rainwater, or snow in the pavement or roof
  • Buildup of debris and trash
  • Defective escalators and elevators
  • Unattended slippery substances on the floor, such as pipe leaks and spilled drinks
  • Uneven surfaces, like cracks on the floor and potholes
  • Unnecessary carpets and rugs

But slip and fall can also happen because of other reasons, like poor lighting in the area, and tripping hazards such as opened cabinets in offices and loose wires at home.

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So Many Former NFL Players Unable to Live a Productive, Healthy Life

Posted by on Mar 3, 2017 in Personal Injury | 0 comments

So Many Former NFL Players Unable to Live a Productive, Healthy Life

Dave Duerson, Mike “Iron Mike” Webster, Ray Easterling, Terry Beasley, Troy Aikman, Merrill Hodge, Ken Stabler, Tyler Sash, Frank Gifford, Chris Henry, Justin Strzelczyk, Bubba Smith, Justin Strzelczyk, Kevin Turner, Andre Waters and Ralph Wenzel – are just a few of those in the list of former and deceased NFL players confirmed with CTE.

Chronic Traumatic Encephalopathy, or CTE, is a progressive degenerative disease of the brain that can cause depression, aggression and loss of memory and motor skills. It is usually found in those with a history of repetitive brain trauma, in military veterans and in athletes, especially boxers. CTE requires proof of degeneration of brain tissue and deposits of tau proteins and other proteins in the brain; thus, it can only be seen or detected through study of the brain after death or through autopsy.

Mike Webster who, after retirement, suffered from dementia, amnesia, depression, and acute bone and muscle pain, was the first ex-NFL player diagnosed with CTE. Though NFL players are warned of the risks of musculoskeletal disorders/injuries (or MSDs, such as injuries to the muscles, tendons, ligaments, nerves, discs, blood vessels), they are never told of head or brain injuries and the effects these will create long after they retire. Thus, for so long, the NFL denied any possible link between football and brain injuries or CTE. It was only in 2014 when it reversed course and after settling a lawsuit in 2013 filed by around 4,500 former NFL players.

While it may be true that any type of sports comes with risk of injury. Injury, however, is always highest and most harmful in football, this being a high-impact sport, where very strong and heavy players run into each other at full speed. At the end of each game, game recaps would always include casualties and injuries, like contusions, musculoskeletal injuries and concussions. The sad thing is, the more violent it is, the more fans, owners and camera crew get awestruck since they do not fully understand how these violent collisions can result to chronic brain damage and/or irrecoverable body impairment.

Football is and will remain to be a dangerous and violent game. According to the Mokaram Law Firm, “In the opinion of an increasing number of scientists, NFL players are paying the cost of such entertainment with their health and long-term well-being. Once their playing careers have ended, many NFL players find that the physical toll that playing professional football has taken on their bodies makes them unable to live a productive, healthy life. Some of these injuries include physical pain from broken bones and joint injuries, but increasing evidence shows that many professional athletes also have suffered degenerative brain disease from repeated concussions as a result of playing in the league.”

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What does the repealing of Obamacare mean for my small business?

Posted by on Feb 19, 2017 in Affordable Care Act | 0 comments

The Affordable Care Act (also referred to as “Obamacare”) has drastically impacted the way we perceive and manage health insurance. Whether an individual or a business, health insurance has become an integral part of everyone’s life. Questions that came up when the ACA was passed in 2008 must be answered again. Questions of mandatory coverage, extent of coverage, and cost of coverage are all relevant to small business owners trying to survive in a competitive marketplace. According to Slater Pugh, Ltd. LLP, running a business is a complex undertaking which requires careful planning and management of human resources in order to create a desirable work environment that also protects the interests of the company from potential damage.

The next few months will reveal to the American people the scope of the changes coming to the Affordable Care Act. Many have suggested a “repeal and replace” strategy, electing to completely scrap the current legislation and replace it with new policies. The implications of this strategy are unclear, as there are many replacement possibilities. One such possibility is the end of the mandate that everyone in the US have health insurance. This affects businesses by, in theory, reducing their costs. As a small business owner you would no longer have to cover your employees, saving you money.

In addition to removing the mandate requiring businesses to cover their employees, insurance plans themselves may get cheaper as a result of the repealing of the ACA. Currently, businesses with low risk employees are grouped in with businesses with high risk employees, raising the cost for your small business. If you choose to insure your employees despite the removal of the mandate, you may see your insurance prices decrease as you are given a price more indicative of your employees’ risk level.

None of these changes are set in stone, and the transition away from the Affordable Care Act is likely to be a multi-year process. It is essential to stay informed on legislative proceedings to be prepared when the insurance market changes.

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Types of Auto Defects

Posted by on Oct 17, 2016 in Auto Defects | 0 comments

When people purchase a car, one of the very first things they consider is safety. They will be using the car to go to work, go places with their family, and others. But when the car they bought jeopardizes their safety, the website of LaMarca Law Group, P.C. reveals that there is a higher risk of injury to the driver and their passengers. The bad news is that many car defects do not surface until after an accident.

Cars that cause injuries due to defective parts did not undergo the proper safety testing. In this article, we will look at the most common automobile defects that can put the safety of people at risk:

Defective Airbags

Airbags can save the life of the driver and passenger during serious car accidents. Unfortunately, some airbags malfunction and fail to properly deploy when people need them. In 2015, several auto manufacturers implemented what is considered “the largest auto recall ever” due to defective airbags.

Defective Door Latch

Recalls of many vehicles were also done due to defective door latch. Doors are designed to ensure the safety of the passengers inside the vehicle. Defective door latch mechanisms can cause the door to suddenly fly open. When this happens, the passengers may suffer serious injuries.

Seat Back Failure

Seat back defects happen when the driver or passenger seats collapse during an accident. This usually happens when a vehicle is hit from behind which can result to the occupants being launched into the back seat. In March 2016, a Texas jury awarded $124.5 million to a family that suffered the devastating effects of seat back failure.

Windshield Gazing

Since 1968, the Federal Motor Carrier Safety Administration has required all car manufacturers to use gazing materials in their windshields and rear and side windows. The purpose of this material is to keep glass shards from breaking apart during accidents. Unsafe windshields can cause traumatic brain injuries, spinal cord injuries, amputations, and others.

These are just some auto defects that can cause injury or even death to drivers and passengers.

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Injuries Caused By Defective Machinery Equipment And Machineries

Posted by on Jul 5, 2016 in Workplace Accidents | 0 comments

Injuries Caused By Defective Machinery Equipment And Machineries

When working in factories that rely on machines and equipment, it is assumed that they have been tested and is deemed safe.  After all, it is the responsibility of the company to ensure that these machines are working perfectly. This is not the case, unfortunately. Defective equipment can put the safety of workers operating them in great jeopardy.  According to the website of Williams Kherkher, there have been several incidence of recall due to defects in machinery or equipment.

Employers can be sued for product liability if their machines or equipment are deemed defective and has caused injury or death to a worker. It is the responsibility of the employer to put in place safety measures and to maintain their equipment. Unfortunately, some companies want to cut down on their expenses and instead do the following:

  • Buy inferior equipment or parts
  • Postpone needed repairs or machinery
  • Refuse to remove broken equipment from use on the workplace
  • Remove equipment safety features which could slow down production
  • Refuse to train machine operators
  • Do not provide safety tools such as goggles, gloves, and dust mask
  • Ignore complaints about defective machines

There are three different kinds of product liability lawsuits that injured employees can file against their employers :

  • Defect in the design of the product/equipment. The injury was due to flaws in the design of the machinery in question.
  • Defect in manufacturing. The equipment was designed outside the standard procedure and made in a different way than others found on the market.
  • Defects in marketing. When the manufacturer fails to provide adequate warning or dangers regarding the product.

Under the Provision and Use of Work Equipment 1998 and Lifting Operations and Lifting Equipment Regulations 1998 requires owners, operators, and controllers of equipment to display the installation and maintenance procedures of machines and equipment. It also requires handlers to be properly trained with using the equipment.



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Why Consider Assisted Living

Posted by on Feb 17, 2016 in Assisted Living | 0 comments

Assisted living is a living arrangement involving long-term care for those who are in need of personal care support for services such as medication, personal hygiene, transportation, and every day activities. It is a relatively new concept but is a growing option for elder care because of the range of services that provide elders with assistance but still give them their independence. The choice to put an elder adult to an assisted living can be both emotionally and financially complicated, but it is still important to be assured that your loved ones is safe and well taken care of.

There are some things that can point out whether you should consider assisted living or not, depending on personal reasons. Among the red flags that you should look out for is recent accidents that lead to a slow recovery or worsening of conditions. Accidents are common, but the odds of those are higher in older people, and due to their old age they might take longer to recover. Even a small bout of flu or cold can be dangerous if left untreated, and complications make the health decline quickly. Likewise, it may make every day activities difficult to manage and affect their skills that would enable them to live independently. Lots of clutter and poor housekeeping may indicate that the person is not keeping up with their daily chores or are forgetting to do them. Dents and scratches on their car are just simple signs that show that they are driving carelessly. If their pets and plants, or any hobbies are left unattended may reflect lack of self-care.

If you detect that your elder loved ones are having physical, emotional, and mental difficulties managing their responsibilities then it might be time to consider assisted living. Various research have also proven that loneliness and depression has a great impact on the health and well being of an older adult, and moving them to an assisted facility may ease the burden and get them to be with people in the same situation. This ensures that their health and well being as ensured and protected.

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Electrical Accidents

Posted by on Oct 1, 2015 in Injury | 0 comments

Those who have suffered serious injuries or even death due to electrical accidents from broken high voltage power lines can file a personal injury or wrongful death claim against a number of government agencies. This is because these accidents are often preventable, and generally they are caused by poor maintenance or defective repairs. It is common for construction workers to be victims of electrocution, but anyone can be injured by electric shocks from falling power lines. It is therefore important for everyone to understand how to proceed should they consider suing a government agency following serious injuries or death of a loved one.

Initially, it is the power companies’ responsibility to inspect, maintain, and protect the power lines from causing accidents. If these power lines caused victims serious injuries, it is important to hire personal injury lawyers to help with gathering evidence and have legal representation in court. Aside from power companies, other parties that can be sued are electrical engineers, construction companies, building code inspectors, and government agencies. According to the website of Houston lawyer Ali Mokaram, government agencies generally have immunity from lawsuits, but sometimes they allow themselves to go to court.

In order to have a successful personal injury lawsuit against a government agency, an experienced lawyer should be present to guide you along the legal process. These types of cases are unique in itself and can come with intricate legal disputes. Aside from shorter statute of limitations, government agencies only allow lawsuits against them under specific restrictions, such as the municipality having purchased insurance meant for such lawsuits or if the accident was due to gross negligence. Despite varying rules between states regarding circumstances under which a victim can sue the government agency, but the rules within the state generally don’t vary. As with personal injury claims, evidence of negligence or recklessness, along with other proof such as police and witness reports, photographs, and victim’s testimony can give more weight to the lawsuit and ensure the success of the claim.

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The Workers’ Comp – Not the Only Source of Compensation in some States

Posted by on Jun 29, 2015 in Injury, Workplace Accidents | 0 comments

Where job-related accidents are the issue, discussion is often focused on construction workers, whose job is always open to the worst kinds of risks. Personal injury lawyers may point out that this is because of the dangerous tools, heavy equipment and, sometimes, hazardous chemicals that they are regularly exposed to; add to these the altitudes (often rising to more than 10 floors) that construction workers need to ascend to be able to perform their task.

Before the turn, and during the early part, of the 20th century, construction workers who got injured while performing their job bore the consequences of their misfortune without assistance from their employer. Employers during those times were often saved from being held accountable for their workers’ injuries by reasoning out that danger is associated with the work and that the workers accepted the job despite knowledge of these dangers.

Thus, for the sole purpose of seeking financial assistance, at least to be able to afford the required medical treatment, workers had to file a lawsuit against their employer, a lawsuit, however, that workers usually lost. A lost lawsuit, though, was not the only effect of workers’ legal move – with it was the destruction of the relationship between the worker and his employer.

This predicament of workers made the government see the need for the passing of a law that will mandate employers to provide assistance to workers who get injured in the job: the Workers’ Compensation Insurance benefit, a federal mandate that was intended to provide workers, who sustain work-related injuries or who develop a work-related illness, financial assistance that will cover medical treatment and lost wages among others.

To further promote the wellbeing of workers another law was passed in 1970: the Occupational Safety and Health Act or OSH Act, which gave rise to the establishment of the Occupational Safety and Health Administration (OSHA) the following year.

OSHA’s task was to enforce the mandates of OSH Act, which was the creation and maintenance of a workplace that was safe and healthy, where employees will be able to work without fear or worry of suffering an accident.

Currently, despite OSH Act’s mandate and the existence of other laws (including state laws) that promote safety in the workplace, accidents still happen and workers still get injured. New York construction accident lawyers may quickly note that their state, there are laws that allow workers to file a lawsuit against general contractors, property owners or machinery manufacturers who fail to ensure safety on construction sites or the safety of equipment used.

Many employers, contractors or manufacturers of construction equipment, however, are not eager about fulfilling their responsibility towards injured workers when it comes to paying them additional compensation.

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