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Friday, October 12, 2007

Spinal Cord Injury and its Legal Remedy

by: bhoottied austin

"The spinal cord connects the brain to most of our body organs… a minor injury inflicted in this vital part of our body may result to severe and fatal damages.

Most of us have learned the importance of the spinal cord in our body during our schooling. The spinal cord connects the brain to most of our body organs enabling them to perform their respective bodily functions. As an example, if a person needs to carry a pail of water, his brain will send impulses to the corresponding muscle through the nerves found in the spinal cord, then the responsible muscle will perform the job accordingly. Our spinal cord is also a delicate part of our body. Hence, a minor spinal cord injury (SCI) inflicted in this vital part of our body may result to severe and fatal damages.

In the United States, more than 200,000 individuals endure an SCI every year due to an accident. Majority of these injuries are attributed to vehicle accidents, which are also considered as the main causes of injuries and casualties, while the other cases have resulted from violent acts, negligence, falls and sports activities. Although this fragile bundle of nerves that comprises the spinal cord is protected by our backbone, it is still prone to injuries since most of the times, we are not fully aware of the upcoming dangers in our back.

Usually, the gravity of the SCI damage depends on the area of the rupture. For instances, if a car crash has injured the cervical or thoracic portion of the spine, there is a great chance that the victim will be paralyzed. While, if the bump has damaged the lumbar and sacral (lower) regions, the victim may suffer numbness, disabling his bowel or bladder control. It is also said to be that the higher the injured part is, the more serious the SCI case is.

Unfortunately, medical and other therapeutic researches have not yet developed any treatments for SCI’s. The doctors and therapists just put their efforts to minimize the pain and avoid further damages to their patients. Until now, there is no assurance on the part of Medical science that these tragic impairments can be fully healed.

However, the legal perspective of SCI creates hope for the victims. The prevailing laws have entitled them to seek justice and acquire such monetary damages from the insurance companies of the liable parties. This is to cover their medical expenses, pain and suffering, loss of wages, property damages and other damages that result from the accident or injury.

In pursuing a spinal cord injury claim, the injured victims or their families may designate their own legal representative to help them in acquiring justice. This is because not all the victims have the understanding of the law and the capability to undergo any legal proceedings. A qualified and reliable personal injury attorney can definitely lead them to a successful claim case.

original author: Atty. Gabriel Cosh

Why Use A Private Investigator In A Criminal Defense Investigation?

by: bhootied austin

The police can be of great service to prosecutors when it comes to finding witnesses to a crime and to following the evidence to a suspect. However, sometimes the defense is going to realize that there seems to be key evidence missing or witnesses that have not come forward: the defense attorneys are going to find a basis for reasonable doubt.

However, in order to know that their assumptions about their client's innocence are correct, they will need to conduct a criminal defense investigation.

A private investigator serves an important role in a criminal defense investigation. In this case, that role is to find witnesses and evidence that will establish reasonable doubt – that will show the jury that there is reason to believe that the defendant is not actually responsible for committing the crime.

When an attorney uses a private investigator in a criminal defense investigation, that investigator will take the time to understand the charges and the laws that relate to the crime. Once there's an understanding of the case in question, the private investigator will go over all of the materials that the defense team has received from the prosecutor.

During the course of the criminal defense investigation, the private investigator will go through routine reports from the police, everyday paperwork as well as copies of evidence, photographs, phone messages and witness statements related to the case. The goal of this is to determine whether or not there are any inconsistencies from one witness to the next or between the conclusions drawn and the evidence.

In addition, during a criminal defense investigation, a private investigator may re-visit the crime scene to see if there was anything that had been overlooked. He or she may also interview witnesses to see if their stories have changed or to verify that they do not have anything else that motivated their statements against the defendant.

Inconsistencies and ulterior motives that a private investigator discovers during the course of a criminal defense investigation may be able to be used as a part of the client's defense. Similarly, if during the course of the criminal defense investigation a private investigator discovers that there are other witnesses who had not come forward or evidence that was not considered previously, he or she can then look into these developments further.

In some cases, that may mean that a search is conducted to find these other witnesses. In other cases, it may mean conducting interviews or doing background searches. In others, there may be other parts of the criminal defense investigation that are assigned to a private investigator – tasks that he or she is uniquely qualified for and that will keep the defense team free to focus on the legal proceedings and other cases that they have.

During the course of a criminal defense investigation, a private investigator can help to ensure that an innocent client will not be found guilty – all without taking away from a defense attorney's busy schedule. In other words, bringing a private investigator into a criminal defense investigation, defense attorneys are able to focus on the court system while a private investigator conducts the investigation.

original author: David Almeida

How To Ruin Your Vacation In Las Vegas - DUI in Las Vegas

by: bhoottied austin

ow to ruin your vacation in Las Vegas - DUI in Las Vegas.

Las Vegas is the gambling capital of the world. Hundreds of thousands of people visit Las Vegas every year with the hope of winning BIG TIME on the turn of a card of the roll of a dice. Unfortunately not all people who visit the town obey the law when it comes to driving under the influence of alcohol.

Almost any establishment in the town is going to serve alcohol to its customers so that they have a great time and spend money. Bars and casinos do not however provide their paying customers with a safe means of returning to their homes or apartments once their night is over and they are in a stupor. As a result; every night in Las Vegas there are many many people who put down their glasses, pick up their car keys and promptly get into their cars and drive home back to their rented condo or hotel room.

For many years the hazards of driving while under the influence of alcohol have been known to drivers, and lessons on the potential dangers of driving whilst under the influence of alcohol are taught from a very early age. Alcohol diminishes an individuals response times resulting in them being more likely to be responsible for a car wreck, which could prove damaging to both themselves and another innocent party.

Las Vegas is a city where automobile traffic can be bumper to bumper which can make people drive like maniacs, which is sometimes a recipe for disaster. Think for a moment on the quickly rising costs of healthcare and auto repair. I don't think anyone would purposefully damage their vehicle with a sledge hammer. So why would they willingly take it onto the streets when there was an increased chance that they would find them self at the bottom of a pile of twisted scrap metal.

Along with the possible financial repercussions and loss of life think for a moment about the possible consequences of a person finding themselves miles from their apartment with no money or vehicle and the prospect of an awaiting jail sentence. These are the repercussions faced by the reckless people who visit Las Vegas spending a night gambling and drinking alcohol and who then decide to drive home.

After being stopped by the law their license is suspended, their car is impounded and then they must make the decision which of their friends they are then going to ask for a lift home or back to their rented condo or apartment. After returning home they must then contact a Las Vegas attorney who will agree to appear with them in court, at which point it will then be determined whether they will spend the next few years of their life eating prison food in jail.

While these consequences are not universal and are dependent solely on an individuals circumstances, almost every case of driving under the influence results in some sort of license suspension fine and jail time.

So, please do not drink and drive when you visit Las Vegas, as you are endangering both your life and that of other innocent people.

original author: Ian Williams

The Roles And Duties Of The Parole Or Probation Officer In The Criminal Justice Field

by: bhootied austin

he Parole or Probation Officer plays important roles in the criminal justice field. Those interested in this profession will have active and exciting duties to perform. I will be discussing some of those roles and duties in this article.

If you are indeed contemplating a career as a probation or parole officer, below are the duties you can look forward to performing:

1. Don’t let the names or titles fool you. In most criminal justice systems, parole or probation officers perform the same roles and duties. In the few criminal justice systems where their roles are different, the parole officer is involved after the offenders have served some of their time in prison while the probation officer works with those who are given probation sentence. This probation sentence does not require serving some time in prison.

2. The probation or parole officer is involved in pre-sentence investigations. The courts need help when sentencing a convicted criminal. The criminal’s character and records are important. It would be unfair to sentence a person who just committed a crime for the first time to the same sentence as a habitual offender.

This is where the parole or probation officer must help the courts. He or she will investigate the offender’s record. This can be done by talking to friends, family, and digging into public records. The probation or parole officer must then present his or her findings to the court to help guide the court’s sentencing.

3. The parole or probation officer is involved in pre-parole investigations. Again the investigation will involve digging into the convicted criminal’s behavior and record while in prison. The parole or probation officer will accomplish this by talking to warden’s, relatives, complainants, and even the police.

4. The probation or parole officer is involved in the rehabilitation of the parolee. In this instance, the officer must help plan the parolee’s effective re-introduction into society. This will involve helping the parolee acquire job training, job, and social skills by recommending the appropriate resources. The parole or probation officer must also monitor how the parolee in progressing in these resources.

5. Probation or parole officers have the power to arrest parolees or probationers. If a parolee or probationer breaks the terms of the parole and the probation or parole officer feels it has become necessary to send him or her to jail, then they must arrest the parolee.

This means parole or probation officers can carry guns. While they are advised to seek police assistance if the need for arrest arises, there are times police will not be readily available. So a gun may be needed in case the situation becomes dangerous.

As you can see, probation or parole officers perform many roles or duties in the criminal justice field. It will be hard to cover all the duties and roles in this short article. But I think you have enough information to help you make informed decision on this profession. For those that are interested in getting into the profession, now is as a good a time as ever.

Note: You are free to reprint or republish this article. The only condition is that the Resource Box should be included and the links are live links.

original author: Kenneth Echie

Setting Up a Solid Medical Malpractice Claim

by: bhootied austin

People usually look up to doctors and nurses because of the reputation they cultivated of alleviating the pain and suffering of their patients. Doctors and nurses are guided by medical procedures developed by international experts and specialists. They are own competence develop through experience as they mature in their profession.

Alas, these medical practitioners are but human, imperfect and erring. Given the tremendous trust people give them, however, once something goes wrong in their execution of medical procedures and their patient suffers from it, it opens a controversial issue of medical malpractice.

Many people fall to the wrong impression that to sue a certain doctor with medical malpractice charges is quite easy. In fact, medical malpractice cases are extremely tough to win.

Not all medical injuries can be considered as medical malpractice, thus medical malpractice claims is not applicable for such cases.

Moreover, it also does not provide basis for a medical malpractice lawsuit claim. In proving malpractice or establishing the liability of a health care provider, expert medical malpractice testimony is needed. This testimony’s basic content is that the health care provider a person is suing has committed a grievous wrong no reasonable health care provider would do, and resulted to injury and death. Once liability is established, the victim or his/her family claims for medical malpractice damages.

Another thing that makes this kind of claim a tough case is that there is a statute of limitations or statutory period in filing the lawsuit by a malpractice lawyer. Each state has its own established medical malpractice law for such cases.

The three main issues in determining if a case of medical malpractice is worth pursuing are liability, damages and responsible person to pay such damages. In determining if a health care provider is liable or legally responsible for the injuries sustained by the patient, negligence must be established.

To determine this, the accepted standard of care on a certain area must be known and whether or not the standard was followed. If it turned out that the standard of care was not followed, the next step is to determine if the cause of injury is because of such non-compliance to standards.

Meanwhile, in determining negligence, a health care provider may misdiagnose an illness or injury, fail to treat it properly, give the wrong medication and fail to give thorough explanation to a patient about the risk of a certain procedure or other alternative treatments to avail of. Furthermore, there must be concrete evidence that a doctor’s negligence was indeed the cause of injury or worsening of condition.

Once liability is established, the patient victim is entitled to claim for damages. This may be in the form of compensation for the medical bills already incurred and still to be paid, the loss of present and / or future income and the physical and psychological pain and suffering felt by the victim.

In a medical malpractice claim, the damages vary on each individual case. It usually depends on how the injury or death caused by malpractice affected the persons earning potential and quality of life.

There is also a statute of limitations or a deadline in filing a claim, which is typically two years. It is important to note this down since once a claim did not meet the statute of limitations, the claimant loses his or her right to damages, even if liability can be proven.

Before launching medical malpractice claims, make sure that there is a fighting chance in winning the case. These kinds of claims are usually settled less often compared to other cases. One also invest more time and expense.

original author: Lala C. Ballatan

No Rule Set on Stone

by: bhoottied Austin

The simple fact in life remains, that is, everything in life is changing and the only the thing that seems to be constant is change, well not quite, include the interpretation of laws, particularly laws on personal injuries. They say laws are appreciated in a different light and point of view dependent on the facts and circumstances in a particular case. True, laws are no good without any issue for it to be utilized. This is where law in its pure form can be made in as complex a state as it could possibly be. Although there is a system of law known as jurisprudence, which is the adoption of a court’s previous ruling if the facts concerning the previous litigation actually relates to the same factual background as what is talked about in the case at the hand, there is no hard and fast rule that the same ruling would actually be adopted.

A case in point would be in a personal injury case. One case held as a rule, that in an accident accosted in an intersection, the person who has the right of way in consonance with the signal of the traffic light at the time of the impact has the ample right which must be upheld. In another case, meanwhile, it was ruled that despite the right of way of defendant, which was determined at the time of impact on the basis of the signal of the traffic light, he was still held as guilty for contributory negligence. He was asked to pay damages because he has the last clear chance to avoid the accident, which he failed to do. In this case, it was held that although defendant has indeed the clear right of way, he saw the plaintiff way before the accident happened, and if only he exercised proper prudence under the circumstances then the accident could have been avoided.

This and an array of other similar accidents, particularly those concerning vehicular mishaps are manifestations of how the law on transportation is viewed as dynamic. Meaning that notwithstanding what your personality is in an accident, if you think you were deprived of your rights then go ahead and fight for it, who knows you could be the next to debunk another landmark jurisprudence.

original author: Atty. Gabriel Cosh

Specialization of Labor - Alienation

by: bhoottied austin

The logic seems to be a no brainer, that is with the continuous increase in the number of employees, the cheaper their services become. A simple construction of the law on supply and demand dictates that when supply for a particular factor in the production process is abundant, then the reaction is that the cost in acquiring said factor would be decreased because of competition. This is what happens when what is talking are the numbers.

Now consider what is not seen, consider the eventual effect of an increase in the number of labor force, and the constant decrease in the value thereof. Would it actually be detrimental to the production process? Or would it foster a more dynamic and accountable production force? The answer, with history standing as a witness is obvious, and that is when labor has been deduced to mere numbers, a working man merely considered as a number in the production process, then that would actually alienate the worker from the duty he is trying to fulfill, and consequently lead to negative effects to the production process.

When an employee is merely an incident in the production process, and when it is viewed merely as a number in the workforce, then such employee usually loses his identity, and works as though he is already a machine. As like that of a machine, he becomes so indulged to that part of the production process that he specializes and more often than not removes himself away from the picture of the complete production process.

This alienation is detrimental to the working force. Primarily because he loses sight of the bigger picture, and he has this impression that what he is doing is already the be all and end all of his worth. With specialization, an individual is removed from the realm of finding a way to prosper himself, and to learn other things in the production process. With this continuous trend in our capitalist production state, then we will soon the day that these employees would perceive themselves as machines, cold and stiff machines.

original author: Atty. Gabriel Cosh