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Why Contested Divorce is the Right Procedure for some Couples

Five years! This was how long one divorce case lasted before the court, where it was filed, was finally able to make a decision. Not only that, but that same divorce case was also handled by four different judges, involved six different divorce attorneys and costed about $400,000.00. It was bitter and hostile and, maybe the saddest part, is it could have ended much sooner had the wife accepted her former husband’s offer of $5,400 monthly support, half of everything in their million-dollar home plus $50,000 cash more. Clearly she refused the offer simply because her lawyer (whose fees, by the way, were paid by the husband too) told her to decline, saying that she can have more. Her refusal to accept monetary offer was to her loss, however, because the court, in the end, ruled only a $1,500 monthly alimony; but since custody of the children was awarded to the husband (due to her drinking problem), she had to pay the husband 525 a month in child support. Worse (for her), all still unpaid legal fees (for her attorney and forensic accountant) will have to be shouldered by her.

In the event of divorce, there are a handful of other issues that spouses need to settle; child custody and visitation rights, child support, alimony or spousal support, and division of property, assets and debts. Texas courts, specifically, according to the Texas Family Code, usually encourage spouses to first settle these issues between themselves peacefully and amicably; however, there are just divorce cases where spouses cannot reach an agreement and rather choose to argue against each other. It is divorce cases like these that end up in a court, where all final decisions are made by the presiding judge.

A court-litigated divorce, called Contested Divorce, is the traditional way of settling divorce cases. It is usually a tough, emotional, battle between spouses, as each spouse, through their own lawyers, try to accuse and discredit one another in an attempt to win the judge’s favor. But while this type of divorce can be extremely frustrating and upsetting to concerned spouses, it is nothing more than a source of entertainment to some court spectators who find amusement in all the family secrets and accusations they hear.

According to the Maynard Law Firm, PLLC, contested divorce is best suited for couples who have fundamental disagreements about how the dissolution of their marriage should work. Though these divorces are adversarial in nature, they are also a surefire way to ensure that a marriage will end and that your voice will be heard before it does. That being said, if you don’t think it will be possible for you and your partner to come to an agreement about your divorce, your circumstances may necessitate a contested divorce from your spouse.

Divorce lawyers understand just how important every aspect of the legal process will be for you, thus, they work hard to develop a comprehensive legal strategy to defend your rights and protect your future, in and out of the courtroom. In addition, they can help you understand the implications of each decision that you will need to make along the way. Once you have all of the information you need to make these precise decisions, you will be able to feel confident in your choices.


Why School Bus Accidents Happen

Why School Bus Accidents Happen

You entrust your child to the school bus driver, but there are instances where school bus accidents may happen, potentially injuring your child. According to the website, those who have a child that has been hurt because of someone else may get compensation for the damages and the rehabilitative costs. But how do school bus accidents happen, exactly?

School Bus Driver Error or Negligence

Many school bus accidents occur because of the driver’s fault. This fault can be a legitimate error, but there are times where this fault is an act of negligence. Examples of negligent acts include distracted driving, drunk driving, speeding, driving while fatigued, and driving while under the influence of drugs.

These negligent acts compromise the driving skills of the school bus driver. Compromised driving skills mean that your child’s safety is also at risk.

Error or Negligence of Another Motorist

Traffic is a two-way street. Even though the school bus driver is incredibly diligent, the school bus can still be involved in a road accident because of other drivers. These drivers may have the tendency to do the negligent acts listed above. This is especially true if they are driving alone and have no other liability in their vehicles.

Error or Negligence of a Pedestrian

A school bus colliding with a pedestrian can sustain less damage compared to colliding with a car, but the sudden jolt of the collision or the sudden stopping of the bus to avoid collision can endanger the children passengers.

Many pedestrian accidents happen because of right-of-way issues, where pedestrians cross the road even though they do not have the green light, on spots where there are no crosswalks, or on spots where they are not clearly visible.

Bus Company or Manufacturer Carelessness

The bus company should be responsible enough to maintain the buses, so these buses are always in optimal condition and have minimal chances of having mechanical defects that can potentially lead to accidents and injuries. The manufacturer of the mechanical parts should also be responsible on the products that they put into the bus. The most vulnerable parts of a bus include the brake system and tires.

Most Vulnerable Motorists

Everybody is vulnerable in the road – car drivers and passengers, truckers, motorcyclists, bicyclists, and even pedestrians. But at least car and truck operators have something to absorb the impact of a collision. We cannot say the same for motorcyclists, pedestrians, and bicyclists.

A single mistake in traffic can be very fatal for motorcyclists. Among the most vulnerable motorists, they are the ones who are going fast enough for them to fail reacting to unexpected events on the road, controlling their motorcycles, and preventing collisions. Motorcyclists are not wrapped by metal, so they will most likely absorb the full force of the impact.

According to an informative article from the website of a Tucson injury lawyer, motorcycle accidents occur because of many reasons, like drunken driving, driver error, roadway defects, and vehicular malfunction. It is safe to say that negligence and recklessness play a huge role here. It is much worse if the negligent or reckless party is not the motorcyclist, because the motorcyclist can still sustain more serious injuries even if the accident is not his fault.

Pedestrians also don’t have any protections around them. Their only defenses against collisions are crosswalks and sidewalks. But again, it only takes a negligent and reckless party to go through the crosswalk without yielding to pedestrians or jump through the curb and strike innocent bystanders in the sidewalk. There are even cases where people waiting in bus stops become victims of negligence and recklessness in the road.

Bicyclists also don’t have much protection in the road. They are basically pieces of meat in bike lanes, waiting for drunk drivers, speeding drivers, and drivers who don’t follow traffic rules to strike them. Bicycle accidents can cause serious injuries, or maybe even death.

It is important to note that not all motorcycle accidents, pedestrian accidents, and bicycle accidents are caused by an opposing party. There are instances where the motorcyclists, pedestrians, and bicyclists are the ones who are negligent and reckless. They should consider the fact that they are the most vulnerable motorists in the road, so they should be diligent to prevent injury or death.

An Overview of DePuy Hip Replacement Recalls

Hip replacement surgery or hip arthroplasty was touted as one of the most significant developments in the last four decades. These metal implants are designed to provide ease and comfort to people suffering from painful arthritis, recover from hip fracture, and enhance their quality of life. One of the most popular hip replacement products that came to the market is the Pinnacle Hip Replacement System. It was intended to offer more flexibility and range of movement to patients with hip problems.

First launched in 2005, the website of Habush Habush & Rottier S.C. ® revealed that while it became one of the most popular hip replacement procedures, DePuy ASR hip replacement was also subjected to a wide range of serious problems which eventually resulted to severe medical conditions. DePuy Orthopaedics, the company that created Pinnacle, was bombarded with complaints from patients for their failure to inform of such side effects.

In 2010, DePuy the company that manufactured the implant issued a recall of the products. While it can provide ease and comfort to people using the implant, undergoing the procedure also carries a wide range of complications such as blood clots, infection, dislocation, differing leg lengths, to name just a few. With hip replacement, the patient is at risk of particle debris from the cup and ball resulting to complications and implant failure. According to estimates, every step taken by an individual can produce between 100,000 to 1 million particles of debris.

The particle that will be produced will depend on the material that the components of the implants are made of. Implants that have metal femoral component and cup can lead to a condition known as metallosis. This is a condition that is caused by the buildup of metallic debris in the soft tissue of the body. It will produce grey discoloration on the surrounding tissues.

On the other hand, those implants with a metal femoral component and plastic cup can cause osteolysis, which is the loss of bones around the surgically replaced hip. It is the most common complication of hip replacement. It also represents 75 percent of all hip implant failures.

A Word On Harassment In The Workplace

For most employees, they see the workplace where there is equal opportunity for growth and development. For them, the office is where every employee is treated with fairness and justice. Unfortunately, this does not happen all the time. The institution they perceived as the vanguard of equality and fairness the very institution that has practiced inequality and unfair treatment.

According to the website of Slater Pugh, Ltd. LLP, workplace harassment has become very common and this has become detrimental to productivity, profitability, and efficiency. Harassment in the workplace violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and American with Disabilities Act.

Under the Fair Employment Law, workplace harassment can be illegal under two circumstances. The first instance is when an employer, supervisor, or co-worker singles out a person for harassment due to their race, color, age, sex, disability, conviction record, and others.

The second instance of harassment is when the content of the harassment itself relates directly to any of the protected characteristics. There is also harassment when the enduring the offensive behavior remains a condition of employment. In addition, harassment takes place when the working environment becomes hostile or intimidating for the employee being harassed. In addition, the offensive behavior may not necessarily involve economic injury or discharge

In harassment, the victim does not necessarily have to be involved. A third party can also be offended by the harassment of other willing participants. Aside from that, the harassment need not be reported or complained about by the victim to be considered harassment.

Even the slightest act of unwanted touching of the intimate body parts is enough to be offensive and defined as sexual harassment. It may also become a criminal offense under “sexual assault” laws. Harassment in the workplace can be verbal, non-verbal, or physical.

Unsafe driver actions that may result to 18-wheeler rollovers

Rollovers, according to the website of Ausband & Dumont, are among the most dangerous vehicular accidents anyone can be involved in. However, rollover accidents are even worst when 18-wheeler trucks are involved.

Rollovers are the kind of accidents where a running vehicle suddenly flips on its side once or several times. In the causation study conducted by the Federal Motor Carrier Safety Administration (FMCSA) it showed that unsafe driving behaviors are often blamed in huge truck rollover accidents. The Large Truck Crash Causation Study (LTCCS) revealed that 45 percent of truck rollovers were caused by speeding drivers. At least one fatality or injury is involved in accidents involving heavy trucks, the study said. Heavy trucks tend to flip on its side when drivers fail to reduce speeds in roads with on-ramp or off-ramp curves. Due to excessive weight, semi-trucks hauling trailers are more susceptible to rollovers. There are also many truck rollover incidents that are caused by drivers that miscalculate appropriate speeds when navigating curves even speed limit signs are posted. Truck drivers oftentimes decide to drive with unsafe speeds when they are in a hurry. Factors like meeting deadlines, being impatient or angry, and having multiple commitments make truck drivers to misjudge speeds that may eventually result to rollovers.

Distraction, inattention and fatigued driving were also blamed in heavy truck rollover crashes. Truck drivers fail to observe road and traffic conditions when using their cellphones, listening to radio, or if a passenger engages a driver to a conversation. Rollover accidents tend to happen on suburban traffics or highways when truck drivers become inattentive while behind the wheels. Heavy trucks are at risk of veering off the road and rollover when drivers are exhausted and fell asleep while behind the wheels. In some situations rollover also take place when a fatigued driver overcorrected a truck upon realizing that it already went out of the roadway.

Why Do Some Cars Fail An Emissions Test?

Failing an emissions test can be frustrating. It can cost you not just time, but also resources in getting things fixed. That’s why people are so driven to find the car that matches power with eco-friendliness. Some Volkswagen cars, for instance, promise the power a diesel engine can give while giving off fewer pollutants that may harm the environment.

But, according to the website of lawyers of The Driscoll Firm, the auto company has just recently been involved in an emission fraud controversy that sent ripples throughout the global car economy. According the firm’s website, Volkswagen was found to deliberately sell cars equipped with software designed to defeat emissions test. But why do cars fail an emissions test in the first place?

Here are just some of the many reasons:

You have leaky injectors

For gasoline engines, an air injector system introduces air to the compression chamber in conjunction with the gasoline. This air-gasoline mixture will then be compressed and ignited to create combustion gases that would push the piston down. If the intake valve that injects air into the chamber is faulty, chances are you will have a rich fuel mixture. This richness may result in higher levels of unburned fuel, causing your car to fail the test.

You have a faulty air injection system

Air injection system, commonly known as a smog or pollution pump, was introduced in 1966 as a strategy to control vehicle emissions. It works by injecting fresh air into the exhaust manifold or exhaust ports. The oxygen introduced in the engine’s exhaust system will continue to burn (or more scientifically, oxidize) the unburned and partially burned fuel as it passes through the exhaust and into the tailpipe. As a result, less unburned fuel goes out of your car, and you are more likely to pass the emissions test.

You have defective spark plugs

If your spark plugs are defective, chances are your engine doesn’t burn gasoline as effective as it should be. Before getting your car tested, check first if your spark plugs are worn out or your spark plug wires are working properly. However, defective spark plugs should never be the reason why a diesel car would fail the test, because diesel engines do not use spark plugs to start the process of combustion.

Benefits and Risks of Power Morcellators

Power morcellators became the tool of choice for hysterectomies and uterine fibroid removal because it is minimally invasive. Women who needed either procedure done could avoid large incisions because a power morcellator requires just a 2-centimeter opening to work. In some cases, it is even possible to use the vaginal canal to get the job done.

This is an obvious advantage for women, because it means a shorter recovery period and a lower risk of infection. Gynecologists also favor the technique because it requires less work. With an average of 600,000 hysterectomies performed in the US annually, getting it done faster and cleaner means more procedures can be done overall. While morcellation only accounts for about 12% of these procedures, that is still 72,000 patients.

About 40% of women require a hysterectomy due to the presence of uterine fibroids. Uterine fibroids affect about 80% of women over 50, but it may also occur in women of childbearing age. Uterine fibroids (leiomyomas) can lead to pain. infertility, frequent urination, and heavy menstrual flow. Removing just the myomas (myomectomy) can help solve these problems.

However, therein lies the main problem with power morcellators. The procedure itself is straightforward, but when uterine fibroids or the uterus itself (hysterectomy) is morcellated (sliced up into little pieces and then extracted laparoscopically), not all the broken up tissue makes it outside. Uterine fibroids are generally benign, but there is no way to ascertain if there is any cancerous growth until it is extracted. If some of the tissue that remains in the patient’s body happens to be cancerous, it can lead to the development of uterine sarcoma or leiomyosarcoma from previously latent cancer cells. In many cases, the prognosis is grim: as little as a 4% likelihood of surviving 5 years after diagnosis.

In addition, the non-cancerous tissue left in the patient’s body may also develop into growths on the tissues and organs, which can cause swelling and pain. Removing these masses will require surgery. Because of these side effects, the once popular power morcellator is no longer recommended for these types of procedures, according to this resource.

If you have uterine cancer or growths because of laparoscopic morcellation, you may be eligible for compensation. Contact a morcellator lawyer in your area for more information.

Types of White Collar Crime

White collar crime is defined as nonviolent crime that is financially motivated. Most white collar crime is committed in a business or government setting. The punishment for white collar crime usually depends on the specific crime and its severity. However, the website of the Law Offices of Richard A. Portale, P.C., says that it is not uncommon for those convicted to go to prison. Here are a few examples of what white collar crime entails.

Identity theft occurs when someone steals personal information from someone – usually their social security number – to impersonate them. Although a lot of times identity theft is typically associated with taking money from the victim’s account, identity thieves can also use stolen information to obtain their credentials or contribute to their criminal record by providing their information to the police. True name identity theft is when the thief opens up a new account with the information they stole, whereas account takeover identity theft occurs when the thief gains access to existing accounts with the information they have stolen.

Simply put, embezzlement is when someone steals money they have been trusted with. This typically is committed in the corporate world by powerful figures in a company. There are a few ways to go about embezzling. The first and least risky way a lot of people embezzle is by taking small amounts of money over a long period of time. This is sometimes referred to as “skimming off the top.” Another way people go about embezzling is by taking a large amount of money at one time and then underreporting the company’s income. A way companies try to prevent embezzling is by dividing up responsibilities amongst multiple people. When multiple people are fully aware of the financial situation of the company, they would all have to approve of or take part in the embezzlement, which is far more difficult and less financially beneficial than a one person operation.

How to React After a Car Accident

The website of a Columbia personal injury lawyer says challenges that come with a car accident can be overwhelming. Sometimes after experiencing something that traumatic, it is best to take the rest of the day to relax. Here are some suggestions about how to wind-down after an accident.

Buy yourself your favorite food. People eat large amounts of ice cream after a breakup because for whatever reason it is therapeutic. If chocolate cake reminds you of your pleasant childhood, eat away. If a bacon cheeseburger makes you feel whole again, go for it. Do not worry about calories on the day your life flashed in front of your eyes.

Listen to mellow music. Your body needs to release as much tension as possible, and your music choices can either help or hinder this. Save the Black Sabbath for tomorrow, cause after a long day you need some Norah Jones.

Do some light stretching. Yoga level stretching is not necessary and may leave you feeling even more sore in the morning, but a few trunk twists and toe touches will do wonders to relieve tension. Most dancers and athletes do this before bed after heavy training days to avoid later soreness.

Call or spend time with a loved one. The website of the Law Offices of Mark T. Lassiter says that no one should have to deal with a traumatic experience like a car accident on their own. Vent to your loved one and then let the conversation trail off to positive things going on in both of your lives. Make sure whoever you choose to reach out to is someone you have a healthy relationship with. Any sort of stress in a time like this is not a good idea.

Finally, get plenty of sleep. A car accident can take a lot out of someone, so make sure to replenish the energy you lost.

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