Brain Injury Attorney Blog

Last week, Nicholas Guaman was driving drunk and ran a stop sign. His pickup truck then struck a motorcycle driven by 23-year-old Matthew Denice of Milford, Massachusetts. When Guaman's truck struck the motorcyclist, it dragged his body a quarter mile before he stopped. Witnesses told police Denice was stuck in the wheel well of Guaman's truck and dragged, despite people chasing the truck and banging on the sides screaming at the driver to stop. Guaman even had his 6-year-old son in the vehicle with him at the time of the incident; fortunately he wasn't injured.

Guaman is in the country illegally and could face deportation. He pleaded not guilty to vehicular homicide, drunken driving and unlicensed operation of a motor vehicle. Guaman could also face other problems if the family of the victim files a wrongful death suit against him. A good wrongful death lawyer would be helpful for the family of this victim. A wrongful death lawsuit claims that the victim was killed as a result of negligence on the part of the person being sued, and that the victim’s survivors are entitled to monetary damages because of the improper conduct.

Figuring the amount of money you can collect for a wrongful death claim may be complicated. Family members can recover payment for the injured person's medical bills and burial expenses. But because the idea is that the survivors are injured by the absence of the person who died, you should also consider what probably would have occurred in the future. These damages may include (1) an estimate of the amount of wages the person who died would have earned if they had lived, and (2) pain and suffering experienced by the survivors. Estimates of future earnings usually require testimony from an expert witness.

Motorcyclists can decrease their chances of inury or death by (1) taking a motorcycle safety class, (2) being conscientious and thoughtful while driving, (3) wearing leather which will decrease the chance of abraisions and (4) wearing a full helmet with a face shield.

If a family member has been injured or killed on a motorcycle or in a car crash, you will need to consult with an experienced Myrtle Beach wrongful death lawyer or a Myrtle Beach injury lawyer. Our injury lawyers in Myrtle Beach are ready to speak with you about your case today.

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Alternative Dispute Resolution (ADR) refers to processes and techniques used to resolve disputes outside of court. Courts now require parties to use some type of ADR before their case can be heard in court. Most often in family court, the type of ADR used is mediation. ADR procedures have a neurtal person who can provide an unbiased opinion to act as a decision maker. ADR is very helpful when it comes to divorce and other family matters.

Divorce mediation may seem like a new idea in some parts of the country, but it is increasingly well-known and widely accepted. Mediation means different things to different people. In the recommended form, you and your spouse would sit down in the same room with each other and with a mediator, who will remain neutral. With the mediator's help, you would work through all the issues you need to resolve so the two of you can get through your divorce.

Different styles of mediation exist, but it is always fexible and confidential. It gives you and your spouse a way to settle conflicts, which is natural and inevitable, in a way that helps you to work together as parents once your divorce is over. The mediator will remain neutral between the husband and the wife. That means the mediator can't give advice to either party; they also can't act as a lawyer for either party. What the mediator will do is point out in open session to both spouses things that each of them should be aware of about what they want to accomplish. That open exchange of information frees up both spouses to negotiate with each other in confidence. Because both spouses will work with the same information, it usually takes less time to negotiate a resolution that makes sense to both parites involved.

If you or someone you know is going through a divorce, call one of the divorce lawyers in Myrtle Beach at The Mace Firm to schedule a consultation. Our Myrtle Beach divorce lawyers are ready to speak with you about your case.

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Military divorce is a non-legal term used to describe divorce when one or both spouses are active or retired military. Although there are not separate divorce requirements when filing for divorce for military families, some states may make concessions on state residency requirements to divorce for active duty military personnel who wish to file for divorce in the state where they are stationed. Military couples have to go through the same process as civilian couples. However, there are additional issues and rules involved in military divorce.

These factors may make military divorces more complex and take longer to finalize. The Servicemembers Civil Relief Act may make active members of the armed forces delay divorce or have counsel appointed by the court under certain circumstances so they may continue to defend the country. Federal law considers military retirement income marital property. This income may be divided during divorce just like civilian pensions or retirement accounts. State laws may handle military retirement accounts in different ways. If the marriage lasted for more than 10 years and the military spouse has the required amount of service, former spouses may be entitled to receive retirement pay directly from the Defense and Accounting Service office. Under federal law, divorced spouses are not entitled to a portion of the military spouse's disability income.

If a military marriage has lasted 20 years or more, the divorced spouse may still be eligible to receive medical coverage. This is called a "20/20/20" former spouse. That means that the parties were married for at least 20 years, the service member performed at least 20 years of service, and there is at least a 20 year overlap of marriage and military service. The unmarried 20/20/20 former spouse will qualify for both health care through the military health system and full commissary and exchange privileges.

If the former spouse who has employer sponsored medical insurance, they are not eligible for military medical. If their employer plan is optional, the former spouse may decline that insurance and remain eligible. Medical benefits will stop upon remarriage and may never be reinstated. Commissary and exchange privileges can be reinstated if the remarriage ends due to death or divorce.

Since divorce law is governed by state law, it may be helpful to find a family attorney who specializes in family law and is also familiar with military benefits. If your primary attorney isn’t familiar with military benefits, you may want to consider hiring an attorney familiar with military benefits as a consultant for your case. Your state bar association can provide you with a list of family lawyers who can assist you with your family case. It is important to retain a family lawyer who understands both state family law issues as well as military benefits.

If you or someone you know is considering getting a divorce, call one of the experienced family lawyers at The Mace Firm for a consultation.

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Over the weekend, at the Indiana State Fair, folks were preparing to attend a Sugarland concert in Indiana. Concert-goers and other witnesses said an announcer warned them of impending bad weather but gave conflicting accounts of whether emergency sirens at the fair sounded. Some fair workers said they never heard any warnings. The gusting winds tore the fabric from the wobbling stage. As the winds kept blowing, gusts as strong as 70 mph, the huge rigging and lighting system that covered the stage fell forward onto the front of the crowd. Families of the victims may benefit from a consultation with a good wrongful death lawyer.

Five people were killed and dozens, including children, remain in the hospital. Some of the victims have life-threatening injuries. The fair ended up cancelling all activities on Sunday to determine exactly what happened. Officials also must figure out whether the tragedy could have been prevented. First Sgt. Dave Bursten of the Indiana State Police said the lack of damage to structures surrounding the stage supported the weather service's belief that an isolated, significant wind gust caused the rigging to topple. Bursten identified those killed as Alina Bigjohny, 23; Christina Santiago, 29; Tammy Vandam, 42; and two Indianapolis residents: 49-year-old Glenn Goodrich and 51-year-old Nathan Byrd. Byrd, a stagehand who was atop the rigging when it fell, died overnight. Sunday's accident was the worst at the Indiana fairgrounds since a 1963 explosion at the fairgrounds coliseum killed 74 people attending an ice skating show.

This tragedy has forced investigators to not only check for signs of structural problems with the stage, but review whether fair and state officials acted fast enough in letting fans know of the severe thunderstorm watch that was issued hours before the concert. The builders of the stage and fair representatives may have to begin preparing for wrongful death suits brought against them. It is sad that these five people tried to attend a concert to have fun and ended up getting fatally injured. Their families may be eligible for compensation. They will need to call a reliable wrongful death lawyer in their area for help with their case.

Every state has a limit on the amount of time a person has to file a wrongful death lawsuit in court. The length of time can vary, from one year to as long as three years. This time limit is called the statute of limitations. If you do not file your wrongful death action on time, you will be barred from filing it all together. Sometimes the time runs from the wrongful death itself, but sometimes it runs from the time that the cause of death was discovered (which could be later). In some states, the statute of limitations for wrongful death becomes even more complicated if the deceased doesn’t die right away. If the deceased is injured and has a claim for personal injury, the deceased usually must comply with his or her state’s statute of limitations for personal injury.

If you or someone you know would like to speak with a wrongful death lawyer about a wrongful death claim, call one of the experienced wrongful death lawyers at The Mace Firm for a free consultation. Our wrongful death lawyers are ready to speak with you about your claim today.

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The family of a New Jersey man has filed a wrongful death suit this week, naming the hospital, six doctors and the drug company, Bristol Myers Squibb. The relatives of a man whose chemist wife is accused of poisoning him with thallium filed the wrongful death lawsuit against the pharmaceutical company where she worked and the hospital where he died. The victim's family likely consulted with a good wrongful death lawyer in their area to help them with this serious lawsuit.

Alex Wang, 39, died in January at University Medical Center in Princeton, NJ. He was admitted to the hospital because he was experiencing abdominal pain and lack of feeling in his hands and feet. Court documents contain a note that a doctor placed in his chart stating that Wang thought he was being poisioned by his wife, Heidi Li. Li works as a chemist for Bristol Myers Squibb. It appears that Li obtained thallium, an odorless, highly toxic metal, from her lab and proceeded to poison Wang at their home and even in his hospital room. Thallium is a radioactive substance which is employed to diagnose coronary artery disease but if used improperly can cause a slow and painful death.

The lawsuit alleges that Li obtained the highly toxic drug from Bristol-Myers Squibb, which has several research sites in New Jersey. Court documents claim the company failed to impose rigorous safety and security controls on dangerous drugs like thallium to guard against unauthorized access. The wrongful death lawsuit also states that Wang not only told doctors he suspected he was being poisioned and requested a urine test, but that he and his wife were expecting to be divorced. Rather than taking Wang's complaints seriously, as any hospital should, the doctors allowed Li unrestricted access to Wang's hospital room until he was found dead.

Li didn't really come off as a stable, caring wife to doctors at the hospital. A note in Wang's chart said, " Wife should be monitored if comes to visit and patient shouldn't be left alone." It is very sad that the patient in this case was telling doctors about his suspicions and was blatantly ignored. This mistake made by the hospital staff unfortunately caused Wang his life. Li was formally charged with giving Wang thallium over a two-month period until he died in the hospital. She has pleaded not guilty to murder and is being held on $4.1 million bail.

When a family member dies at the hands of another human being who you are supposed to trust, it can be very devistating. We put our lives in the hands of hospital staff and doctors and we expect them to take care of us. Most importantly, we expect them to listen to our symptoms and needs as a patient. If someone you know has died at the hands of a doctor and you feel the doctor has caused death, you may be able to file a wrongful death suit against them. If you or one of your family members needs to file a wrongful death suit, call one of the wrongful death lawyers at The Mace Firm for a free consultation.

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An appeal is when you ask a higher court to review or look at an order or a decision made by the court you went to first. The person who asks for the appeal is called the "appellant" and the person on the other side of the appeal is called the "respondent." You will typically ask the court to review the previous decision if you believe the first court made a mistake. The court could have made a mistake about 1) how facts were used in a case or 2) how the law was applied.

You may not appeal an order just because you do not like it. You must have legal reasons to do so. There are a few steps to start the appeals process in family court. First, the respondent must be served with a Notice of Appeal, which is a document that tells the other person that you are appealing. Then, you must bring copies of the Notice of Appeal with proof of service to the Clerk of Family Court that made the order. The Clerk will then give one of the copies to the Clerk of the Appellate Division. You should also give copies of the Notice of Appeal to any family lawyers who are involved in your case.

After the final Family Court order was given to you in court, you only have 30 days to file the Notice of Appeal. After you file your appeal, you must obtain a full record of your case, including transcripts, which you must pay for. Then you must prepare a full record of your case including a brief. The brief is a written legal argument that describes your reason for appeal. If you are the respondent of an appeal, you typically have about a month from the day you receive the brief from the appellant to file your own brief. Either the appellant or the respondent can ask for oral arguments, which is a chance to make your case to the judge of the Appellate Division in person. If there is no oral argument, the judges will make their decision based on the briefs and the case record.

The family lawyer who represented you in family court is the lawyer who will help you with your appeal. When you decide to appeal the first decision from family court, it is very important to have a good family attorney to assist you with filing for your appeal and writing your brief. If you or someone you know needs assistance with their family law appeal, call one of the experienced Myrtle Beach family lawyers at The Mace Firm to schedule your consultation.

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As a parent you want to keep your baby safe. By using the right car seat the right way on every ride, you can help keep your baby safe on the way. For the past 6 years, Target stores have been unknowingly selling defective child booster seats. The booster seat, made by Circo, has a defective restraint buckle that can open unexpectedly that allows the child to fall from the chair.

If a child becomes unrestrained by their car seat, injuries are likely to occur, especially if you cannot pull your vehicle over fast enough to address the problem. Also, imagine if you thought your child was secure in his car seat, but he isn't. Car seats, just like seat belts, save lives. When you strap your child in their seat, you expect them to be safe in case you are involved in a minor car accident.

Although a parent trusts the booster seat that their child sits in while at the dinner table or anywhere else, they must put even more trust into the safety seat their child sits in while in a moving vehicle. Child seat manufacturers now provide expiration dates for their seats. These expiration dates are a way for the manufacturer to provide guidance as to the expected useful life of the seat. Every car seat has an expiration date. Generally, the expiration date is six years from the manufacture date. Many have the expiration date stamped on the seat. You may also contact the manufacturer of your specific seat to find out what its expiration date is. As another safety precaution, you should never buy a used car seat if you do not know its full history. Second, never use a car seat that has been in a crash. Additionally, parents should avoid seats sold at flea markets or yard sales or online. Do not use any products that did not come from the manufacturer in or with the car seat because car seat fabrics meet strict fire safety codes. Even toys that are made to hang from car seats for the child to play with can cause an injury if involved in a car crash.

Even new child safety seats have the possibility of not working correctly. Recalls can occur due to harness straps, which keep the child in the seat, or defective latches that keep the safety seat attached to the vehicle itself. Both of these types of defects result in the child being at an increased risk of injury or death in the event of a car crash. If your child was injured by a defective child booster seat, you may benefit from a consultation with a personal injury attorney in your area.

Being mindful of the instructions that come with your new car seat will help you identify problems or defects. If you notice your car seat is not working properly, it is best to return it for a new car seat or contact the manufacturer. If you do not notice a defective part on your car seat and your child is injured or killed as a result, you will need to contact an experienced personal injury lawyer to help you with your claim. Call one of the Myrtle Beach personal injury lawyers for a free consultation.

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