Types of Battery

In Wisconsin, there are different types of battery with ranging punishments. Substantial battery and aggravated battery are two levels that can be committed, and factors of each unique situation will determine what the penalty is. Actions can be categorized as a misdemeanor or felony, and convictions alter one’s life thereafter.

Substantial battery is the lesser degree of battery. This can occur in various ways, however all actions result in substantial bodily harm to the victim. Injuries that indicate substantial battery include lacerations that require serious medical attention, broken bones, loss of teeth, burns, ruptured blood vessels, or concussions. This type of battery is considered a Class I felony, and the repercussions are up to three and a half years of prison, and a fine up to $10,000.

The second level of battery is aggravated battery. This type is more serious, and occurs when great bodily harm is evident as the result of the violence. Aggravated battery happens when a person intentionally causes great bodily harm, intentionally or unintentionally, or when a person does something that puts another at risk to receive great bodily harm. Such examples are cases in which the victim is left with permanent loss of a body part, death, or is put at the risk of death. These types of crimes are considered Class E or Class H felonies, depending on the severity of the situation. Class E felonies are punishable by up to 15 years in prison and a maximum fine of $50,000. Class H felonies entail lesser consequences, and are punishable by up to six years in prison and a maximum fine of $10,000.

A Waukesha Criminal Defense Attorney should acknowledge battery convictions can damage one’s reputation and career. Often, the penalty can be as drastic as to permanently alter one’s life. With legal representation, it is possible to minimize the consequences of a battery conviction, and diminish the negative effects of the situation.

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Surgical Errors

When stepping into a hospital, a patient expects to be treated by experienced professionals that are diligent in helping them with their ailments. Yet it is not uncommon to leave these facilities in worse shape than a person entered because of the negligent actions of staff or physicians. Every year, roughly 4,000 surgical errors occur that lead to severe consequences and even death. These medical malpractices cost around $1.3 billion dollars every year in lawsuit and damages.

According to the website of Pohl and Berk, surgeons are required discuss common complications of surgery but do not warn patients about risks that a negligent staff could cause. Surgeons refer to surgical errors as “never events.” They are so called because these events should never happen. The years of training and practice that surgeons are required to accumulate are required to eliminate the possibility of these sometimes fatal mistakes occurring. Out of the thousands of surgical errors made annually, 59 percent result in injuries or complications, 33 percent result in permanent injury to the patient, and 6.6 percent result in death.

Common medical malpractice incidents in the operating occur when a surgeon or nursing staff leaves a foreign object within the body cavity, the wrong procedure is performed, or the wrong site was operated upon. Some incidents occur out of negligence by staffs who disregard safety precautions set in place to protect patients from these exact events.

“Time outs” to match medical records are frequently implemented to double or triple check that the correct patient is being operated on. Most operating rooms practice counting sponges and other medical utensils before, during, and after procedures to reduce the rate of foreign objects being left in the body. And generally surgical checklists are in place to keep the doctors and their attending staff accountable for their actions.
The consequences for these surgical errors can be dire, affecting the life of a patient and their family permanently. Consult an attorney in your area if you believe you or a loved one is a victim of a surgical error caused by a negligent surgical staff.

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The Aftermath of Burn Injuries

There is a principle in the first law of thermodynamics that says that energy can neither be created nor destroyed. Wood, when consumed by flame, simply turns to ash and smoke and rubble. It is not destroyed – rather, it is irreversibly changed. This is the fate that awaits victims of burn accidents. Though, in the very worst of cases, the victims of burn accidents do not live to see light again, there are some things that are more difficult to handle.

Such is the case of those who must now live on and survive after going through a burn accident. You know better than to treat potentially hazardous things with anything but care – the same cannot be said for everyone, though. And some people, through their negligence of how their actions could affect other people, could cause some serious injury.

Accidents happen, yes, but if it could have been avoided but wasn’t due to simple negligence or carelessness? Choices can be made freely, yes, but the consequences of these choices are not always quite as kind. According to the website of Pohl Berk, the victims of burn injuries have more than just physical injuries to care for as there are loads of financial constraints that must now be accounted for.

Sometimes, all it takes is a few careless seconds to cause irreparable damage to someone and nothing is quite as painful as surviving through degrees of burn injuries. The World Health Organization estimates that there are over 200,000 deaths due to household fires each year, most of which occur in low to middle income families. If you are an innocent victim who has now been made to suffer burn injuries that have irreversibly changed your physical state, as well as loss of precious and hard-earned possessions, due to simple negligence, it is your right and responsibility to seek legal aid in order to claim the costs of reparations owed to you.

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How a DWI can Affect Your Life

The blood alcohol concentration (BAC) limit set by the National Highway Traffic Safety Administration (NHTSA) is 0.08%. This is observed in all US states and enforced on all drivers aged at least 21 years old (for truck drivers and all other commercial vehicle drivers, the limit is 0.04% and for those under 21 years in age, it is zero tolerance). Thus, anyone who will be caught with a BAC level above the stipulated limits can be charged with DWI, which means driving while intoxicated – a serious traffic violation to which heavy penalties are imposed.

DWI or DUI (driving under the influence, the term used in some states) has been identified by the NHTSA as among the top causes of car accidents, which go beyond five million every year (other major causes of accidents are reckless driving, overspeeding, driver error and driving distraction, which is particularly topped by texting or use of a cellphone while driving).

According to the website of the Law Offices of Richard A. Portale, P.C., anyone convicted of a DWI offense can suffer costly fines, time in jail, suspension or revocation of license, mandatory attendance in a DUI/DWI school and community service. In cases wherein the violation involves injuries to, or death of, an innocent victim, or if the violation has been committed repeatedly, the court can require the driver to acquire an SR-22 form, otherwise known as Certificate of Financial Responsibility (CFR) form. The SR-22 last for three years and requires higher auto liability insurance premiums. The court can also require that an Ignition Interlock (also known as Breath Alcohol Ignition Interlock Device or BAIID) be installed in the violator’s vehicle. This device, which has a pre-determined limit of 0.02%, is particularly designed to detect the presence of alcohol in the driver’s breath. If alcohol is detected, then the device will prevent the vehicle from starting.

DWI is a serious offense that no driver will want to be convicted of (considering the fact that even a charge can affect a person’s future even long after the offense has been committed). Thus, it is absolutely important that, if ever charged with this type of offense, the driver should contact only a highly-competent lawyer for the strong defense that may save him/her from a possible conviction or maximum penalties.

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Overdiagnosis May be Considered Medical Malpractice

Quite a number of medical malpractice lawsuits are based on claims that the healthcare professional or provider made a medical error resulting in any number of serious gaffes; failure to diagnose, misdiagnosis, medication errors, wrong site surgery, retained surgical instrument, and so on. All of these are based on the allegation that somehow a mistake was made as pointed out on the website of Milwaukee personal injury lawyers at Habush Habush & Rottier S.C. ®. Overdiagnosis is slightly different.

For one thing, overdiagnosis is not an error per se. Many medical conditions are diagnosed based on a test or series of tests that have a certain rate of false positives. In other words, the tests may be carried out correctly and interpreted correctly, but positive indications of a medical condition may be wrong. This is normal, so it could be argued that because the tests were not infallible that the physician who makes an overdiagnosis is not at fault. This is not always true, as any San Antonio personal injury lawyer will explain.

Physicians and other healthcare providers are trained to assess the condition of patients based on a number of factors, one of which is laboratory tests. However, they have the discretion to question test results, knowing that false positives are possible, given a set of circumstances that appear to negate a positive result, or to temper a diagnosis because the results show incipient disease but at a level that is negligible or a natural sign of aging.

The most commonly overdiagnosed conditions include cancer, chronic kidney disease, low testosterone, and pre-dementia. Most people have the risk factors indicative of these and other medical conditions but many remain asymptomatic, or die of causes unrelated to these diseases before it has time to develop. Some do develop early signs of disease but which spontaneously regress with reasonable care.

As pointed out on the website of the Law Offices of Yvonne Fraser there are many ways that person is harmed by negligence. The danger of overdiagnosis is the effect on quality of life. People are so scared of becoming sick that even when there is every indication of good health, they undergo unnecessary treatments that are not only expensive but may have unanticipated consequences that have an adverse effect on health worse than the feared condition. A healthcare provider that knowingly overdiagnoses may be considered negligent when it leads to injury or harm to the patient.

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How to Maintain your Sport Fishing Yacht

A sport fishing yacht is not just something you jump into when the whim hits you. There are certain things you need to do to maintain it so that it will last you a long time. Aside from the obvious such as washing our your deck, repairing holes and any other structural damage, getting it custom fitted at reliable providers such as Mikelson Yachts, and keeping your engine in good running condition, there are two things you may not think about.

Checking the Prop

You should make it a habit of checking the prop shaft to check if there is any wayward fishing lines entangled down there. Fishing lines can cause a lot of damage if it gets wound up in the prop shaft. It melts and can compromise the seal, letting salt water into the prop and corroding the metal parts. Replacing the prop can be very expensive, so if you notice a brownish fluid trailing you from under the propeller, it is a sign that the prop shaft seal may have been breached. Have it checked and replaced as soon as possible.

Use Out-Rodders

If you want spread out your lures or extend your rod, but don’t have outriggers, you can use a device called out-rodders to help you out. Made of anodize aluminum or stainless steel, a pair of these out-rodders are vertical tubes designed to attach to gunwale rod holders.

The purpose of an out-rodder is to widen your trolling spread on both sides of your sport fishing yacht; others used them to keep the rods at a lower angle when drifting. When using out-rodders, you have to attach safety lines in case the going gets rough.

These are just a couple of shout-outs for those who are seriously into sport fishing, but many modifications can be installed before you hit the water. Get a custom luxury yacht outfitter to help you out.

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What it means to Have Hurricane Damage

At least 16 states were directly affected when Hurricane Sandy swept through the east coast of the US as well as the parts of the Caribbean, first making landfall in Jamaica in October 2012. According to the website of law firm Williams Kherkher it devastated the northeastern part of the US from Maine to Virginia. It was the storm that gave birth to the term “Frankenstorm,” coined by Jim Cisco of the Hydrometeorological Prediction Center to denote a hurricane that merges with a cold front.

The final toll for hurricane damages in the US was estimated at $65 billion, making it one of the costliest hurricanes in US history second only to Hurricane Katrina that devastated Louisiana and 5 others states to the tune of $108 billion. But how does that all that hurricane damage translate to individuals?

Hurricane Damages

The term “hurricane” is culled from the Spanish huracán which in turn is derived from the Taino name for the god of storms Juracán. It is said that when Juracán was upset, he would send wind and rain down upon the people.

Hurricane damage usually results from massive amounts of rainfall and high sustained winds. The rain often causes floods, going to double digits in height when it falls, especially when it pushes a storm suge inland causing considerable property damage as well threatening the lives of people. In Katrina a more than 1,800 died in the US and 135 went missing in flood waters, while at least 286 were killed in Sandy.

High winds are responsible for doing considerable structural damage to commercial and residential buildings wherever they are. Being on high ground may offer some protection from floods but not winds. Hurricane Sandy, for example, was a Category 3 hurricane at its peak with wind speeds of up to 1115 mph. The real damage though was because it was sustained over a wide area, over 1,000 miles in diameter.

The costs were high, and those with windstorm coverage did not fare much better as insurance companies hedged about paying claims. If your homeowners’ or any other insurance claim is in dispute, you need to request assistance from experienced insurance lawyers to protect your rights.

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The Problem of Claiming Social Security Disability Benefits in the US

Disability benefit payments in the US reached a record-breaking high in March 2013 at $8.85 million; roughly 21% more than what it was in 2007 when the economic recession first started to bite hard. In 2010, the Social Security Administration (SSA) paid out about $128 billion in disability benefits, compared to the $18 billion (adjusted for 2010) in 1970. This upsurge in disability claims has the SSA scrambling to fund the payouts, and at the present rate the program will be unable to pay out full benefits across the board by 2016 due to insolvency. In other words, the SSA is running out of money.

Analysts state that this sharp increase in disability benefits cannot be explained by a corresponding downturn of the average working American’s health or worsening impairment. Because this trend began appearing when the economy took a plunge in 2007, the belief is that the Social Security Disability Insurance (SSDI) benefits to sustain unemployment rather than to support workers who are no longer able to work because of health problems. According to the website of the law firm LaMarca Law Group, P.C., this is somewhat alleviated when a worker qualifies for workers’ compensation, but it doesn’t address the basic problem of long-term unemployment.

The SSA as a consequence has become much more circumspect about processing SSDI claims to weed out those that are not qualified to receive benefits under the program’s mandate. The SSDI routinely denies 70% of all claims, and the appeals process is even more stringent as well as tedious. Making it difficult to make a claim aims to weed out those who are unable or unwilling to find work but are not really disabled. As discussed in the website of the Chris Mayo Law Firm, this is a big problem for those who are genuinely in need of help because of their health impairments.

If you are permanently disabled and unable to work, you may qualify for SSDI benefits. Enlist the help of an experienced SSDI lawyer to process your claim.

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Facts about SR-22

First of all, let’s talk about what an SR-22 is and isn’t. An SR-22 is a guarantee issued by a car insurance company that you will be able to meet the minimum insurance requirements for operating a vehicle for a specified period of time (typically 3 to 5 years depending on the violation). If you are violation-free for that prescribed period, you will not be required to obtain another SR-22 but can get regular car insurance. If you get any violations in that period, your SR-22 requirement will probably be extended.

An Sr-22 is sometimes called a certificate of financial responsibility. It is not, though, an insurance policy as we know it. For one thing, there is no ID card that typically comes with insurance coverage. For another thing, it is way more expensive and difficult to obtain than standard car insurance. However, because it has to be issued by a car insurance company which guarantees coverage in case of accidents, to all intents and purposes it is an insurance policy.

An SR-22 is usually required to lift the suspension of a driver’s license because of serious and/or numerous traffic violations. The more common reasons for needing an SR-22 include:

  • DUI conviction
  • Driving without insurance coverage
  • Responsible for a serious car accident
  • Too many violation points on the driving record

Applying for one requires the following steps:

  1. Inform your insurer your license has been suspended
  2. Get a risk rating reassessment.
  3. Choose the type of insurance coverage you will buy as long as it is compliance with minimum state requirements.
  4. Pay the premium and send the SR-22 to the local Department of Motor Vehicles.

Not all states require SR-22. If you are required an SR-22 in order to operate a vehicle legally in your state, it means that you’re a high-risk driver. You will need to apply for it through your car insurer and because you are high-risk, your insurer may not want to accommodate you. You will probably need to find another provider that specializes in SR-22. You can obtain more information about an SR-22 by asking a car accident lawyer.

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Legal Concerns for Business Owners

Business owners often have a lot on their plate because they deal with multiple people of all shapes and sizes. Depending on the business, they could be dealing with investors in the morning, solving an employee dispute at lunch, overseeing construction workers in the afternoon. Sometimes, things can get a little hairy when one legal concern overlaps into another area because in many cases these are already complicated in themselves without combining them into one explosive package.

For example, say a business owner in Dallas is having extensive renovations done on the commercial property, including electrical rewiring. Say that the rewiring was done incorrectly, and caused a fire, injuring several employees. Right there the business owner may have a case against the contractor for negligence, a claim with the insurance company for fire damage, and be named in personal injury lawsuits by the affected employees.

As pointed out in the website of Gagnon, Peacock & Vereeke, P.C., commercial real estate litigation involving construction defects is inherently a complicated undertaking, requiring the expertise of a lawyer in Dallas who is highly familiar with Texas real estate litigation laws. The insurance company is not likely to make it easier by meekly handing out payment for the claim without making a spirited attempt to challenge it, especially if the damage was considerable.

And then there are the personal injury claims. Technically, the business owner had no hand in doing the work, but because he or she was the one who engaged the contractor and there is no privity between the contractor and the employee, a case can be made out against the employer for negligence. According to the website of The Melton Law Firm in Austin, there are many ways in which an employer can be found liable for injuries sustained by workers, especially if the workplace was not safe.

The lot of a business owner is not always enviable, but a lot of trouble can be circumvented if the legal concerns are left to lawyers. If you are a business owner with no desire to get entangled in legal problems, find lawyers to take care of it for you.

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