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2nd DUI

What is Driving Under the Influence?

Driving Under the Influence is a law that is directed to anyone under the age of 21, who is suspected to be drinking and driving a motor vehicle or watercraft. The Texas Alcoholic Beverage Code Section 106.041 states that a minor can receive a DUI violation if he has ANY detectable amount of alcohol in his system. In other words, you can have 0.01% of alcohol in your system and if you’re driving, you’re violating this code.

What are the penalties for a 1st DUI charge?

If it is your first DUI violation you can be charged with a Class C Misdemeanor, a fine only punishment that cannot exceed $500. You will also have to do some sort of community service that focuses on the education or prevention of the misuse of alcohol that can range from 20 – 40 hours, depending on what the judge orders. If it is your first and you receive deferred, you can have the case expunged.

What if I am facing a 2nd DUI conviction?

The penalties for a 2nd DUI charge are more stringent. If it is your 2nd time receiving a DUI conviction, then the court can order a fine anywhere from $500 to $2,000, jail time not to exceed 180 days, or the court can order both of these penalties.

The community service hours are also raised, the court can order anywhere from 40 – 60 hours. Another disadvantage is that you will not be able to get your case deferred, therefore disqualifying your case from an expunction.

Whether your case is a first DUI or 2nd, an experienced attorney such as the criminal defense attorney  locals trust can work with you to try and have these fines and hours reduced, making the process as swift and manageable as possible.

Horrific Dog Bite Victim Questions Dog Removal Delay

A Flint, Michigan dog bite victim is asking why it took authorities so long to remove the dogs that attacked her.

Fifty-nine-year-old Karen Coleman lives next door to a neighbor who has five pit bulls. She would often walk past the dogs playing in the neighbor’s yard and never gave them a second thought because they did not look vicious and were contained at all times. However, that all changed on Sunday, September 24, when two of those dogs got out of the yard and attacked her as she was headed to church.

According to Coleman, the dogs came right at her, leaving her no time to get away or even think about what to do. One dog grabbed her by her front while the other attacked her at her back, leaving her to try and fight off both dogs at once while the animals came at her from different directions. She managed to hold off one dog while the second tried to drag her down the street. Fortunately, another neighbor heard her screams and ran over, grabbing a chair and hitting the dogs with it to get them to retreat.

Coleman ended up with more than 40 stitches to her face as a result of the dog attack, and she still may lose an eye due to the excessive damage to her facial area. Naturally, when she returned home from the hospital, she expected the two dangerous dogs to have been removed from her neighbor’s home and was stunned to discover both animals were still there.

For two days, Coleman lived in fear, with the vicious dogs still right next door. Finally, on Tuesday, officials from the Genesee County Animal Control came to take the dogs, which were surrendered by the owner. Coleman, however, and others in the community are now rightfully asking: what took so long?

Paul Wallace, Director of the Genesee County Animal Control, said the reach of his office is limited in cases like these. According to Wallace, his office is operating under dog law statutes that only give them two laws they can enforce: dogs running loose and dogs without a license. When a dog bite is reported to his agency, they go out to the home and the dog is put under quarantine for 10 days. It’s up to the victim and the dog owner to decide the animal’s fate, with the court sometimes stepping in. Wallace noted that in many places, the victim has to go to court and say the dog needs to be removed because it’s a danger to others.

In Coleman’s case, both dogs are expected to be euthanized, but she is still living with the fear and pain from what happened. Due to the devastation to her face as a result of the attack, she will also have to undergo more medical visits for the foreseeable future.

Can a Chiropractor Treat My Car Accident Knee Injury?

When someone files a personal injury claim against the party at fault, the cost of their injury expenses, including medical treatments, are included. As chiropractors, we see a lot of people who have been hurt who are also involved in litigation to recover their accident damages. In fact, it is quite common for chiropractors to treat accident victims.

Common Car Accident Injuries

In many instances, a person can be injured in a car accident but not realize it immediately. Depending on the injury, it could be days or even weeks before the symptoms present. Unfortunately, because they’re unaware of where or even how they’re injured, it makes them vulnerable to exacerbating their injury. This is why it’s important to see a medical professional any time your body has been forced to undergo physical movement that is not natural. These are some of the most common injuries we see in patients who were victims of car accidents:

Treating Injuries from Car Accidents

As chiropractors, we are specially trained to treat back and neck injuries which are often as a result of auto accidents. All too often, people who have been hurt in a car accident or sudden impact incident experience joint pain, intense stiffness, and muscle pain. Knees hitting the dashboard is one of the most common car accident injuries.

A lot of the time mobility issues associated with knee damage, overall stiffness and pain prevents people from being able to complete their daily activities. This may include their job duties which can cause them to lose work days, or even their job.

It’s very important that anyone seriously injured in a car accident seek medical attention immediately. The longer they wait, the more likely their injury will worsen, and that can develop into lifelong problems. Contacting an experienced legal professional such as the personal injury attorney is recommended.

Filing a Personal Injury Claim for Negligent or Inadequate Security


An inadequate security personal injury claim is a type of premises liability case. Premises liability is a legal doctrine that holds landowners or tenants legally responsible under certain circumstances for injuries sustained by a visitor to premises under their control because of a dangerous condition. Inadequate security can be considered a dangerous condition at a particular property.

Duties of a Business or Property Owner or Tenant

The duties of a business or property owner of a tenant, when it comes to premises security issues, fall into four categories. The first of these categories is an administrative duty, as a responsible owner of an event venue trusts will know. The administrative duty mandates that a party in control of particular premises appropriately collects and maintained information of criminal activity at or near premises.

The second duty associated with security at a particular property require a party in control of particular premises to establish and maintain effective security policies and measures within the interior of a building. The third duty associated with premises security require the installation and utilization of proper security systems, including lighting, around the exterior of a building. This duty particular extends to access ways into the premises as well as parking lots.

Finally, a duty associated with premises security requires the proper background screening of a business’s employees. In addition, employees must be properly trained and properly supervised.

Filing a Claim with an Insurance Company

Many people operate under the misconception that filing a claim for personal injury arising from inadequate security is a fairly easy matter. In reality, an insurance company is in business for one primary reason: to make money for its shareholders. An insurance company increases its bottom line and enhances the amount of money to its shareholders by limiting the amount of money paid out in insurance claims, including those for inadequate security.

An experienced attorney understands the tactics to employ to take on even the most obstinate insurance company. A skilled personal injury attorney is committed to ensuring that a client in an inadequate security case obtains fair compensation, either through the claims settlement process or a lawsuit.

Possible Compensation in an Inadequate Security Case

The compensation obtained in an inadequate security claim depends upon the facts and circumstances of the case, coupled with the nature and extent of injuries you sustain. With that understood, there are certain types of damages commonly sought in inadequate security cases. These include financial recovery for medical expenses, pain and suffering, and lost income. Other losses may include mental anguish and damage to property.

Retain a Personal Injury Lawyer to Protect Your Legal Interests in an Inadequate Security Case

The first step in retaining the services of a skilled, experienced personal injury lawyer in an adequate security case is to schedule an initial consultation. At an initial consultation, a personal injury attorney provides you an evaluation of your case. This includes possible strategies to obtain fair and appropriate compensation in your case.

You also will have the opportunity to ask legal counsel questions about your case, inadequate security claims, and personal injury law and court procedure.

Personal Injury Lawsuits: Torts and Negligence

If you have been consulting with a lawyer, like a personal injury lawyer trusts, for your personal injury lawsuit, you may have been exposed to some key legal terms that you may not fully understand. This is because the law, in many ways, has its own language. Legal terminology can be confusing to the average person, but it serves its purpose just as any professional language by allowing lawyers a more clear, concise and efficient method of communicating. By learning some key legal terms in a personal injury lawsuit, you will have a better understanding of what is going on both with your case, and the law.

A personal injury lawsuit is when one person suffered an injury due to the fault of another party. The injured person(s) will hire a personal injury attorney in order to receive compensation from the party or parties at fault. Although the plaintiff sues the defendant (a person), it is often the insurance company of the liable party which is primarily responsible for providing monetary compensation. Some of the most common types of personal injuries for which people hire lawyers are car accidents, dog bites, slip and falls, etc. Personal injury lawsuits are conducted in civil court, which means that instead of “crimes” being committed, there are civil wrongs done by people or business entities to other people called “torts”.

When a party fails to abide by the law and causes an accident resulting in injury to others, they have committed a tort. A tort refers to a civil wrong committed by either a person or business entity that causes unjust suffering to another person.  The tortfeasor, or one who commits the tort, is the party which is often being sued in a personal injury lawsuit. The burden of proving whether or not the tortfeasor is liable for your injuries is your lawyer’s job as this is the heart of a personal injury lawsuit.

Negligence is the most common tort as well as one of the most common civil “causes of action”, or legal reasons why you are able to take someone to civil (as opposed to criminal) court. Essentially, the law of negligence requires for people to conduct themselves in a way so that harm to themselves or others is avoided at all costs in order to avoid committing the tort of negligence. Negligence is based on the “reasonable person standard”, which refers to a hypothetical person in society who acts with a standard of average consideration and judgment. The reasonable person standard is a tool in law that is used in many instances when referring to what the normal person of average intelligence would do in a specific situation. When people cause an accident or injury to others because they fail to abide by their duty to act with reasonable attention or care, they are considered as having committed the tort of negligence.

For the average person, legal jargon can create extreme confusion and may increase the stress involved with a personal injury lawsuit. By understanding some of the basic terms, you can increase your confidence while speaking with a lawyer.

Traumatic Brain Injuries

A traumatic brain injury can be anything such as a concussion during a football game, to shaken baby syndrome, which may result in loss of hearing, loss of vision, paralysis, etc. Traumatic brain injuries need to be taken very seriously since they can impact an individual for the rest of their life. Falling and hitting your head, being hit by an object, and car accidents are the most coming causes of brain injuries.

Brain injuries result in several types of injuries and losses. Some are much more traumatic than others, depending on the severity of your brain injury. They include:

If you think you have been a victim of a potential brain injury, do not ignore it. Monitor your symptoms, and if anything changes see a doctor right away. So many brain injuries could result in less, long-term traumatic injury if people did not ignore the situation and were treated right away. Many people experience a disability an entire year after the initial injury.

Look Into Hiring an Attorney

If you were the victim of a traumatic brain injury due to the negligence of another person, you may want to hire an attorney and file a case against the party at fault. This could be due to a car accident as a result of a careless driver, work related injury that goes unnoticed, a slip and fall accident at a restaurant, or any other type of brain injury where someone else is at fault.

Traumatic brain injuries can result in life-ending injuries. With an injury of that nature, brings financial strain to the entire family, on top of dealing with the potential loss of a family member. An experienced attorney will know the correct step to take for you to receive full compensation for your injury. To receive compensation, you or your family members will need evidence it was the other party’s fault. You will want any notes from how/when the injury occurred, notes from any witnesses, video recordings, and medical records.

If you are unsure of how to file a lawsuit against the party at fault, or to make things easier on your end after going through this traumatic injury, hire an attorney, like a personal injury lawyer  relies on. They understand the amount of stress a legal case can bring, especially after already going through such a traumatic injury. Someone who will speak for you, fight for you, and get you the compensation you deserve.

GUARDIANSHIP AND PERSONAL INJURY CASES

A person injured in an accident can be left unable to make their own healthcare and financial decisions due to incapacity and/or disability.  If that person is an adult, their power of attorney can makes those decisions.

What happens if the person injured had not created a power of attorney before their injuries?  

In such a circumstance, a guardianship and conservatorship action will have to be filed with the court.  A guardian is someone who can make all non-financial decisions for an incapacitated person.  A conservator can make financial decisions for the incapacitated person.  

To become a guardian, a petition must be filed with the court.  State laws vary considerably on procedures, but generally it must be proven that the person needing a guardian cannot makes decisions such that they are a danger to themselves.  Thus, a guardian / conservator must be appointed to make all decisions for them.  

The person applying for guardian and conservator must prove to the court that they are trustworthy managing the money and decisions of another person.  Someone with criminal convictions or a past history of bankruptcy may not be approved by the court.  

In Missouri, where I practice law, anyone can file such a petition.  In reality, family members are given preference.  

Once approved by the court, the guardian / conservator normally must produce an inventory of accounts and assets of the individual.  They can almost immediately step into the shoes of the injured person to discuss healthcare decisions with their doctors, including where treatment is received, what type of treatment is received and which doctors provide treatment.  They can review medical records, deal with health insurance companies and write checks from accounts to pay for services needed for the injured person.

They can arrange housing, access all funds necessary for expenses and hire assistance for the care of the person.  

Perhaps most importantly, they can hire lawyers to pursue litigation against the party that caused their injuries.  

Any settlement for the personal injury suit will be managed by the guardian / conservator, subject to certain exceptions where a special needs trust must be created.  

Because the guardianship / conservatorship process necessarily creates uncertainty (Who will file?  Who can serve as guardian?  Who will the court approve?), it is always preferable that a person creates a financial power of attorney and healthcare power of attorney soon after they become adults.  

Life is full of uncertainties and the power of attorney is a great way to bring certainty to your life if you ever become incapacitated and unable to make your own decisions.  The guardianship route, however, is still available if a power of attorney was not created.

Creating powers of attorney or applying for guardianship is something that can be done with the assistance of a lawyer like, a competent St. Charles, Missouri estate attorney.  

Thanks to our friends and contributors from Legacy Law Center for their insight into guardianship and personal injury.

 

What will car insurance cover after an accident?

There are thousands of car accidents every day. They can happen at any time and can have life-altering effects. If you are one of the many unfortunate individuals involved in a car accident, what can you recover as a result of someone else’s negligence? What will the at-fault party’s insurance cover? Here are a few of the most common damages covered by car insurance following an automobile accident.

Property Damage

Thankfully, not every auto accident causes injuries. However, individuals can still suffer financially when their car is damaged. As long as you were not at fault in the accident, the other driver’s car insurance should cover the cost of getting your car repaired (or the market value of the car if it is damaged beyond repair), towing and storage expenses, as well as rental expenses while your car is being repaired.  

Specific Damages

Specific damages refers to damages that have a specific valued amount related to an accident-related injury. These damages include the cost of medical bills which you have incurred due to treatment related to the injuries you sustained in the accident. As long as the treatment is reasonable in scope and duration, the at-fault driver’s car insurance covers those expenses. Additionally, it should cover any wages you lost as a result of the accident and loss of earning capacity.

General Damages

General damages refers to damages that are not necessarily easily calculated dollar amounts. These damages most often include pain and suffering and emotional distress you have endured as a result of the other driver’s negligence. These damages are subjective and can range in value depending on the severity of the accident and each auto accident victim’s personal situation.

Punitive Damages

In certain circumstances, when the at-fault driver is especially negligent in causing the accident, you may also receive punitive damages. Again, these damages are not easily calculated dollar amounts and can range depending on the specific factors involved in an accident. Punitive damages are intended to punish the defendant for the egregious behavior, which often comes into play when the person causing the accident is driving under the influence of alcohol or drugs, is driving at a reckless speed, and/or hits your car and runs.

It is important to note that each state requires all drivers to have car insurance with minimum policy limits. The at-fault driver’s car insurance will only pay out up to the police limits on the at-fault driver’s policy, regardless of how much your property damage, specific damages and/or general damages may be.  

Signs and Symptoms of Asbestos-Related Diseases

Over the course of several centuries, people have mined asbestos from the ground and used it as a building material. Up until the 20th century, it was commonly used in the insulation of homes and also used by the U.S. navy in shipyards. However, asbestos is now known to cause several types of lung diseases, all of which can be fatal. People who have worked in certain industries are therefore at an increased risk of developing asbestos-related illnesses, and often these employees may be entitled to compensation if their exposure was due to an employers negligence. Read on for more info about the signs and symptoms of these illnesses.

Risk Factors

Those who have worked in the asbestos mining industry are at an increased risk of developing signs and symptoms of asbestos exposure. However, many other workers, either knowingly or unknowingly, have also been exposed to asbestos. Some of the most common jobs from which people have developed asbestos-related symptoms are:

If you have worked in any of the above industries, there is a chance that asbestos fibers have entered your lungs, especially if you’ve been exposed to the mineral often over an extended period of time.

Signs and Symptoms

Exposure to asbestos does not always lead to symptoms right away. In fact, most people see their symptoms occur 10-30 years after exposure, and some do not develop symptoms for up to 40 years.

Asbestosis is a lung disease caused by asbestos exposure, and it is characterized by difficulty breathing. According to the Mayo Clinic, one common symptom is shortness of breath. This often occurs along with a tightness or a pain in the chest. Many patients report having a chronic, dry cough. The tips of the patient’s fingers often widen and look rounder than usual, which is called clubbing.

Mesothelioma cancer is another asbestosis-related illness. Symptoms of mesothelioma are difficult to detect, mainly because the symptoms are commonly found in other illnesses, which often leads to misdiagnosis. Often, patients report no symptoms until after cancer has spread and the patient is already in stage III or stage IV cancer.

According to the American Cancer Society, common symptoms of pleural mesothelioma are as follows:

Peritoneal mesothelioma is another common form of the disease. Signs of peritoneal mesothelioma are pain in the abdomen, constipation, vomiting and nausea, swollen abdomen and weight loss.

Though asbestos is now known to cause these illnesses, many people are unaware of the symptoms of mesothelioma and asbestosis. If you or someone you know worked in one of the industrial jobs known to cause asbestos exposure, it is imperative that you get screened by a healthcare professional. If you think asbestos may be present in your home, do not attempt asbestos abatement on your own. A professional, like an asbestos abatement contractor Los Angeles CA relies on, can test a sample of the material and advise you on how it can be safely removed.

Thanks to our friends from Nielsen Environmental for their insight into asbestos abatement and the harmful effects of asbestos.

The Advantages of Settling a Personal Injury Claim Out of Court

When you have been injured in an accident as a result of the carelessness and negligence of somebody else, some decisions need to be made. One of those decisions is whether to pursue compensation for the damages that you incurred. The law allows you the right to pursue compensation for your damages, and a lawyer, like a personal injury lawyer relies on may protect and invoke that right for you.

Claims and Lawsuits

After an accident, a victim has the right to file and proceed with a lawsuit anytime within the period prescribed by the applicable statute of limitations. Depending on what state the accident occurred in, that could be between one year and six years. We certainly don’t recommend waiting until the eve of the statute of limitations to file your lawsuit either. Witnesses can disappear, recollections can get fuzzy, and physical evidence can be disposed of or tampered with.

What is an out-of-court settlement?

In many cases, it’s possible for both parties to reach an agreement regarding a settlement payment, all without presenting the case in front of a judge or jury. According to the U.S. Department of Justice, about 95% of all personal injury cases filed are resolved by out-of-court settlements. There are several good reasons for this extremely high percentage:

There are many ways that out-of-court settlement negotiations can be beneficial for injury accident victims. If you’ve been injured due to someone else’s negligence, contact a personal injury attorney today for more information about seeking compensation.