Should I risk a cruise?

Posted by on Oct 3, 2017 in Medical Negligence | 0 comments

How risky is it to take a trip on a cruise?

I’m asking myself that question all week. As you all know, I’m a bit risk-phobic. I really freak out at the slightest chance I could get a bruise, let alone really hurt myself, or even *gulp* die.

The fact I haven’t ever been on a plane is almost a point of pride for me. I hardly ever drive, and when I do, I stick to the speed limit and stay in the slow lane. I get around on my quite safe public transportation and by walking, and I do very well at all that.

However, the downside to all this is that I’m somewhat confined to my city life, which I love, but it does get a bit monotonous. I don’t get the chance to travel much because I don’t trust transportation. What’s a girl to do?

Well, take a cruise, maybe. I’ve got a friend who wants to go on a big cruise through the Caribbean next spring, and I think that sounds incredible. Beautiful beaches, good-looking people, lots of drinks, a few safe adventures…I’ve been dreaming about it since I first heard, but then I started wondering if I’d really be able to pull it off. First, I’d have to fly for the first time to even get to the ship, and then I’d be on the water for a week.

Okay, the flight I’ve managed to rationalize by looking up some statistics, but I see less information about how often there are accidents on cruises. In fact, when I think about it, the only cruises I can remember hearing about are the one that crashed in Italy and the big food poisoning one, I think in Florida. That doesn’t bode well, does it?

Maybe I shouldn’t have started researching at all. A little googling, and I came across lawyers who specialize in assisting those who were injured by cruises. It seems absurd, to be injured on a luxury boat, but it must happen if there are lawyers who make their whole careers out of such things, right?

I don’t know; now I’m typing all this, I feel like I shouldn’t go. Sandy beaches and Caribbean rum aren’t worth all that risk, right? I’d be safer just watching 6 Days and 7 Nights and buying rum at the store. Could I do that for a week, though?

With winter coming on as well, the temptation to say yes is getting stronger. I’m a little tired of worrying so much about these things, and I’d like to just throw my arms up and say I’ll do it and then figure out how to pull it off later.

But what if I have a panic attack in the middle of the ocean? Or what if I fall off when pulling a Leo and Kate? Never mind, I’ll never get even close to the side, who am I kidding?

Still, I think I have to do it. It’s worth taking at least one risk in life, right?

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Armed Robbery Versus Robbery: What is the difference?

Posted by on Aug 25, 2017 in Criminal Defense | 0 comments

While television shows and movies about police and police procedurals seem to be on nearly every network (and the countless spinoffs and reboots seem to constantly overwhelm our screens), there is little in the way of actual facts in these shows. Instead, we are treated to dramatic readings of suspects’ Miranda Rights, but there is usually little payoff in the way of actual laws and legal procedures.

Perhaps people don’t want to know the difference between legal criminal statutes? Maybe I’m the only one who wants to know the difference between armed robbery and regular robbery? Living in Wisconsin, crimes in our area are not featured on TV as much as New York City or L.A., although we did get quite a boost by the Netflix show “Making a Murderer” if you can call that a “boost”. Attorneys in the state, like the firm Kohler & Hart, that help people with armed robbery defense in Milwaukee, definitely know the difference between the types of criminal statutes.

When it comes to the specific criminal statutes, you often are left to wonder, “what is the difference?” One specific crime that seems simple but is often not clearly explained is the difference between “armed robbery” and “robbery”. How does this work?

While it is true that armed robbery charges require the use or threat of use of a dangerous weapon, most of us assume that that weapon always has to be a gun, knife, or bat, or some other obviously threatening device. What many of us don’t know is that other items, like pepper spray, for example, might also be classified as a weapon and therefore warrant an armed robbery charge. The breaking point here is whether or not the victim in the crime felt that the article the “robber” used was used or displayed in a manner that the victim could reasonably have felt like they were in danger.

In order to constitute armed robbery, something has to have been stolen. The act of theft must play a part in the act somehow. Theft, by definition, is the taking of someone’s personal property with the intent to deprive them of it, which allows for borrowing to be legal, obviously. The next factor must be the use of force during the theft. Without force, it would simply be theft, but the physical act of touching another person or verbally threatening them constitutes robbery. Finally, the use or displaying of a weapon must be shown to raise the charges to armed robbery. Now, the important thing to note that was not discussed above, is the pretense of having a weapon (like implying that you have a gun) is also enough to warrant the armed robbery charge. Other items, like the pepper spray listed above, as well as pellet guns, bottles, broken glass, or other threatening items can also be considered weapons.

It is a shame that more information is not readily available to the public about the different types of criminal charges. For one, people would understand the false information they read or hear about through books, TV, and other medium, and if they are ever in trouble with the law (which hopefully won’t happen) they will be more familiar with the charges they may face.

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Statutory Rape and the “Close in Age Exemptions”

Posted by on Jun 24, 2017 in Criminal Defense | 0 comments

Statutory rape is a non-violent sexual activity between an adult (a person who is at least 18 years old) and a person below the legal age of consent (a person below 16 or 18 as states differ when it comes to age of consent). Though different from forcible rape which is non-consensual and which is usually accomplished through the use of force and/or weapon, statutory rape is still considered a serious crime in many jurisdictions in the U.S.

The crime of statutory rape can either be a misdemeanor or a felony, depending on the ages of the victim and the perpetrator. This offense carries very harsh punishments, including really large fines, years in jail and, in many states, a mandatory lifetime registration as a sex offender. While it is true that statutory rape statutes only aim to protect minors from sexual predators, it also cannot be denied that many of these statutes have unintended consequences due to their many legal gray areas. One example is charging with statutory rape two teenagers who engage in consensual sex simply because both are just 15 years old. Though underage, they can both be convicted and possibly be required to register as sex offenders for life.

To save many teenagers from statutory rape prosecution and conviction, many states have passed the “close in age exemptions,” a law that will not criminalize: (i) two individuals under the age of consent if they have sexual relationship with one another; or, (ii) an older individual who has a sexual relationship with a person who is under the age of consent. There is a limit in this “close in age exemption,” though.

a. In some states, where the age of consent is 18, for example, a person who is either 16 or 17 years old is still legally allowed to consent with an older partner, so long as this partner is under the age of 30.

According to the Law Offices of Mark T. Lassiter, in the state of Texas, statutory rape is the charge issued against individuals accused of engaging in sexual activity with an individual under the age of 17 if that individual is more than three years older than the minor in question. Statutory rape is considered a 1st degree felony if the minor is under the age of 14, and a 2nd degree felony if the minor is under the age of 17. The 1st degree felony charge carries a potential prison sentence of 5 to 99 years, while the 2nd degree felony charge can result in 2 to 20 years in prison.

b. Marriage exemption. This allows a young individual to consent, but only to his or her spouse

c. Close in age exemption of four years. A person under the age of consent can have consensual sex with an older person who in no more than four years older than him or her. This means that minors below the age of 16 may consent to a partner who is no more than 4 years older; however, those under the age of 12 may not consent under any circumstances.

There are instances, however, when a person had reason to believe that the one who consents to him or her is over the age of consent when, in fact, he or she is not. This may be due to a fake I.D. or the person lied about his or her age. Whatever the case, anyone charged with statutory rape should understand that this is one serious offense that can ruin many years of his or her future if he or she is convicted. A conviction will require that his or her name, current address, and picture be displayed in the Internet, that is, registered into the national sex offender registry, for all to see.

The law firm Horst Law explains that simply being accused of a crime can change your life. The penalties of a conviction can haunt you for years after you’ve served your sentence and may affect what kinds of jobs you’re able to obtain and even where you’re allowed to live. However, it’s important to remember that an accusation is just that: an accusation. You still have a real chance to defend your rights and protect your future from the challenges that would come with a conviction. You still have a real chance to defend your rights and protect your future from the challenges that would come with a conviction, such as jail time, fines, or having to register as a sex offender.

 

 

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Tips for Healthy Teeth

Posted by on May 2, 2017 in Dental Tips | 0 comments

Tips for Healthy Teeth

Having poor dental health results into not just dental problems such as tooth decay and bad breath, but also cosmetic problems such as unattractive smile and uneven teeth. So, you have no reason not to take care of your oral health, because it benefits you both on the inside and outside. Here are some tips to keep your teeth both healthy and beautiful.

Brush Twice a Day

The most basic thing you can do for your teeth is to keep it clean. Brush your teeth twice a day, usually once in the morning and once in the evening, preferably with intervals of about 8 to 12 hours. This is important because not brushing your teeth may result into plaque and food buildup, which can result into acids strong enough to cause dental problems, such as cavities and tooth decays.

Brush Properly

But brushing is not just enough, because you need to make sure that your brushing technique is appropriate. Brushing in the wrong manner can cause problems, like how brushing too hard can damage your teeth and irritate your gums and how brushing too light and fast cannot clean your teeth properly.

Gently brush in a 45-degree angle with an up-and-down or circular motion. Also make sure that the inside surfaces are brushed.

Use Floss and Mouthwash

To make your cleaning more effective, you can use flosses and mouthwashes. This is because there are spots that toothbrushes cannot properly reach and clean, so you should rely on thin objects such as flosses and fluids such as mouthwashes to get the job done.

Avoid Harmful Products

Cleaning your teeth is useless if you keep exposing them to harmful products anyway. The most destructive product for your teeth is tobacco, as it can result into oral problems and even cancers. But there are other dangers out there, such as food products with too much sugar and drinks with too much acidity.

Visit Your Dentist Regularly

Visiting your dentist on regular intervals is important, so you can be updated to the condition of your teeth and gums. Because you are not a professional, you will never know when a tooth already has a complication or a complication is about to arise. You better let dentists do the job for you.

Consequences

Not taking care of your teeth has a variety of consequences, and their severity may depend on how neglectful you have been. The consequences include teeth problems, such as cavities and tooth decays, gum problems, such as gingivitis, and overall oral problems like bad breath and oral cancer.

The website of Dental Expressions by Dr. Gary Bram enumerates various solutions, such as those that involve dentist implants and cosmetic dentistry procedures. It is good to know that dental research and technology has advanced enough to help individuals, but still, the best thing to do is to take care of your teeth to avoid dental problems.

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Criteria for a Filing a Wrongful Death Claim

Posted by on Jan 27, 2017 in Wrongful Death | 0 comments

Criteria for a Filing a Wrongful Death Claim

Thousands of medical malpractice lawsuits, where doctors, nurses, hospital personnel and or a hospital itself is named as defendant, are filed in courts all across the U.S. every year. Specific basis of lawsuits vary, but their common factor is gross negligence. To name a few of the specific basis of these lawsuits, there are:

  • Bypass on Wrong Artery;
  • Heart Surgery on Wrong Patient;
  • A Surgeon Drilling a Hole on the Wrong Side of a patient’s Head;
  • A seventeen year old girl dying after a heart and lung transplant due to incompatible blood type of donor;
  • A man remaining conscious during exploratory surgery;
  • A fertility clinic confusing DNA resulting to a woman being impregnated with the sperm not of her husband’s but of a complete stranger;
  • Misdiagnosis; and,
  • Wrongful death due to delayed treatment (a most frequent case in hospital emergency departments)

One well- known court case that intends to prove gross negligence and, thus, the liability of doctors, nurses and other hospital personnel is the case of Ms. Esmin Green, who died on an emergency room floor after being left unattended for about 24 hours. Despite hospital guards seeing Ms. Green lying (with her face down) on the floor after she collapsed, no one did anything to help her.

In the event of unexpected or wrongful death of a person due either to the willful misconduct or negligence of another., family members or dependents (legally called“real parties in interest”) of the deceased can pursue legal action against the liable party through the filing a wrongful death lawsuit. This special kind of personal injury lawsuit is for the benefit of the “real parties in interest”; it will enable them to seek compensation for whatever pecuniary, or financial, damages they may suffer, including loss of financial support due to the death of the victim, loss of the dead victim’s services, medical and funeral expenses, and lost prospect of inheritance.

While “real parties in interest,” would unquestionably point to the victim’s own family (husband/wife and children) or parents (if the victim is not yet married), some states also recognize certain individuals, who may be considered as among these “real parties in interest.” Recognized in some states include:

Financial dependents, like a life partner (who is financially dependent on the deceased) or a putative spouse (a person who, in all sincerity, believes that he/she and the deceased were married):

Distant family members, such as grandparents and siblings; and,

Any person who is financially affected and made to suffer because of the death of the victim; this is actually due to the loss of care or support resulting from the victim’s untimely death;

In its website, the Mokaram Law Firm says that, besides medical malpractice, wrongful death may also be due to automobile accidents, criminal behavior or workplace accidents. For a wrongful death claim to be filed, however, the following criteria will have to be met:

The death was the direct result of some other person’s negligent or criminal actions; and,
The surviving family has suffered monetary damage.

A wrongful death lawsuit can only be filed by the affected family’s personal representative. The damages that may be considered compensable, the requirements or conditions to be recognized as a qualified plaintiff, and the statutory limit for the filing of the suit, may differ from one state to another. Due to the differences in state requirements, plus the complexity of the tort law, it may be best for the “real parties in interest” to get in touch with a highly- qualified personal injury lawyer.

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